Self-Regulatory Organizations; the NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Establish a Free Trial Period for the Use of Correlix, Inc. Data Latency Products in the NASDAQ Market Center, 38858-38860 [2010-16290]
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<![CDATA[
38858
Federal Register / Vol. 75, No. 128 / Tuesday, July 6, 2010 / Notices
transparency into the connectivity
options available to market participants.
The Exchange also believes that the
proposed rule change is consistent with
the provisions of Section 6 of the Act,6
in general, and with Section 6(b)(4) of
the Act,7 in particular, in that it
provides for the equitable allocation of
reasonable dues, fees and other charges
among members and issuers and other
persons using any facility or system
which the Exchange operates or
controls. The filing codifies and makes
transparent the fees imposed for direct
connections to non co-located
customers. These fees are uniform for all
such customers and are either
comparable to fees charged to co-located
customers or vary due to different costs
associated with providing service to the
two customer types.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
NASDAQ does not believe that the
proposed rule change will result in any
burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act, as amended.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
Written comments were neither
solicited nor received.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Within 35 days of the date of
publication of this notice in the Federal
Register or within such longer period (i)
as the Commission may designate up to
90 days of such date if it finds such
longer period to be appropriate and
publishes its reasons for so finding or
(ii) as to which the self-regulatory
organization consents, the Commission
will:
(A) By order approve such proposed
rule change, or
(B) institute proceedings to determine
whether the proposed rule change
should be disapproved.
wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
change, as amended, 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–2010–077 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–2010–077. 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–2010–077 and should be
submitted on or before July 27, 2010.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.8
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010–16289 Filed 7–2–10; 8:45 am]
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–62391; File No. SR–
NASDAQ–2010–069]
Self-Regulatory Organizations; the
NASDAQ Stock Market LLC; Notice of
Filing and Immediate Effectiveness of
a Proposed Rule Change To Establish
a Free Trial Period for the Use of
Correlix, Inc. Data Latency Products in
the NASDAQ Market Center
June 28, 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 June 18,
2010, The NASDAQ Stock Market LLC
(‘‘NASDAQ’’) 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 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 is filing with the
Commission a proposed rule change to
establish a free trial period for the use
of Correlix, Inc. data latency products in
the NASDAQ Market Center. There is no
proposed rule text.
*
*
*
*
*[sic]
(b) and (c) Not applicable. [sic]
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.
BILLING CODE 8011–01–P
1 15
6 15
U.S.C. 78f.
7 15 U.S.C. 78f(b)(4).
VerDate Mar<15>2010
14:52 Jul 02, 2010
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 17 CFR 240.19b–4(f)(6).
2 17
8 17
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CFR 200.30–3(a)(12).
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Sfmt 4703
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Federal Register / Vol. 75, No. 128 / Tuesday, July 6, 2010 / Notices
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
1. Purpose
Recently, NASDAQ entered into an
agreement with Correlix to provide to
users of the NASDAQ Market Center
(‘‘System’’) real-time analytical tools to
measure the latency of orders to and
from that System. The specifics of the
NASDAQ/Correlix relationship are
detailed in SR–NASDAQ–2010–068, a
filing seeking Commission approval of
the revenue sharing arrangement
between the entities. The instant filing
seeks Commission approval for the
commencement of a free 60-day initial
trial period for parties wishing to
evaluate the Correlix RaceTeam offering
for the NASDAQ Market Center while
the Commission publishes and seeks
comment on the separate revenuesharing filing.
NASDAQ believes that the above
approach will provide potential users
valuable information about, and
experience with, the Correlix RaceTeam
product while simultaneously providing
ample time for the Commission to
review and seek public comment on the
proposed revenue-sharing relationship
between NASDAQ and Correlix.
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. In particular, the
proposed rule change will provide
potential users valuable information
about, and experience with, the Correlix
RaceTeam product while
simultaneously providing ample time
for the Commission to review and seek
public comment on the proposed
revenue-sharing relationship between
NASDAQ and Correlix.
In addition, NASDAQ believes that
the proposed rule change is consistent
with the provisions of Section 6 of the
4 15
5 15
U.S.C. 78f.
U.S.C. 78f(b)(5).
VerDate Mar<15>2010
14:52 Jul 02, 2010
Jkt 220001
Act,6 in general, and with Section
6(b)(4) of the Act,7 in particular, in that
it provides for the equitable allocation
of reasonable dues, fees and other
charges among members and issuers and
other persons using any facility or
system which NASDAQ operates or
controls. In particular, NASDAQ notes
that it will offer the free trial period on
a uniform and non-discriminatory basis.
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
NASDAQ has requested that the
Commission waive the 30-day preoperative waiting period contained in
Exchange Act Rule 19b–4(f)(6)(iii).10
The Commission believes that waiving
the 30-day operative delay is consistent
with the protection of investors and the
public interest because such waiver will
afford Exchange members the benefit of
the proposal—the ability to evaluate the
Correlix RaceTeam product for free—
without unnecessary delay. For this
reason, the Commission designates the
proposed rule change as operative under
upon filing.11
U.S.C. 78f.
U.S.C. 78f(b)(4).
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. The Exchange has satisfied this
requirement.
10 17 CFR 240.19b–4(f)(6)(iii).
11 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).
PO 00000
6 15
7 15
Frm 00096
Fmt 4703
Sfmt 4703
38859
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, as amended, 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–2010–069 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–2010–069. 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
E:\FR\FM\06JYN1.SGM
06JYN1
38860
Federal Register / Vol. 75, No. 128 / Tuesday, July 6, 2010 / Notices
available publicly. All submissions
should refer to File Number SR–
NASDAQ–2010–069 and should be
submitted on or before July 27, 2010.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.12
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010–16290 Filed 7–2–10; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–62354; File No. SR–
NYSEAmex–2010–57]
Self-Regulatory Organizations; Notice
of Filing and Immediate Effectiveness
of Proposed Rule Change by NYSE
Amex LLC Amending Rule 0 To
Provide That Certain References in
Exchange Rules Should Be
Understood To Also Include FINRA, as
Applicable
June 22, 2010.
Correction
In notice document 2010–15649
beginning on page 36730 in the issue of
Monday, June 28, 2010, make the
following correction:
On page 36730, in the third column,
the department docket number is
printed correctly to read as set forth
above.
[FR Doc. C1–2010–15649 Filed 7–2–10; 8:45 am]
BILLING CODE 1505–01–D
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–62397; File No. SR–
NASDAQ–2010–019]
Self-Regulatory Organizations; The
NASDAQ Stock Market LLC; Order
Approving a Proposed Rule Change To
Codify Prices for Co-Location Services
wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
June 28, 2010.
I. Introduction
On January 29, 2010, The NASDAQ
Stock Market LLC (‘‘NASDAQ’’ or
‘‘Exchange’’) filed with the Securities
and Exchange Commission
(‘‘Commission’’) pursuant to Section
19(b)(1) of the Securities Exchange Act
of 1934 (‘‘Act’’),1 and Rule 19b–4
thereunder,2 a proposed rule change
relating to co-location services and
related fees. The proposed rule change
12 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
VerDate Mar<15>2010
18:06 Jul 02, 2010
Jkt 220001
was published for comment in the
Federal Register on February 10, 2010.3
The Commission received no comment
letters on the proposal. This order
approves the proposed rule change.
II. Description
As described in the Notice, NASDAQ
is proposing to codify fees for its
existing co-location services. Colocation services are a suite of hardware,
power, telecommunication, and other
ancillary products and services that
allows market participants and vendors
to place their trading and
communications equipment in close
physical proximity to the quoting and
execution facilities of the Exchange and
other NASDAQ OMX Group, Inc.
markets. The Exchange provides colocation services and imposes fees
through its wholly-owned subsidiary
Nasdaq Technology Services LLC and
pursuant to agreements with the owner/
operator of its data center where both
the Exchange’s quoting and trading
facilities and co-located customer
equipment are housed.4 Users of colocation services include private
extranet providers, data vendors, as well
as NASDAQ Exchange members and
non-members. The use of co-location
services is entirely voluntary.
As detailed in its fee schedule,
NASDAQ imposes a uniform set of fees
for various co-location services,
including: Fees for cabinet space usage,
or options for future space usage;
installation and related power provision
for hosted equipment; connectivity
among multiple cabinets being used by
the same customer as well as customer
connectivity to the Exchange and
telecommunications providers; 5 and
related maintenance and consulting
services. Fees related to cabinet and
power usage are incremental, with
additional charges being imposed based
on higher levels of cabinet and/or power
usage, the use of non-standard cabinet
sizes or special cabinet cooling
equipment, or the re-selling of cabinet
space.
NASDAQ is implementing a Cabinet
Proximity Option program where, for a
monthly fee, customers can obtain an
option for future use on available
currently-unused cabinet floor space in
proximity to their existing equipment.
3 See Securities Exchange Act Release No. 61488
(February 3, 2010), 75 FR 6748 (‘‘Notice’’).
4 NASDAQ has provided co-location services at
various data centers since approximately 2004.
Currently, the Exchange provides its co-location
services through data centers located in the New
York City and Mid-Atlantic areas.
5 NASDAQ states that these fees are for
telecommunications connectivity only. Market data
fees are charged independently by NASDAQ and
other exchanges.
PO 00000
Frm 00097
Fmt 4703
Sfmt 4703
Under the program, customers can
reserve up to maximum of 20 cabinets
that the Exchange will endeavor to
provide as close as reasonably possible
to the customer’s existing cabinet space,
taking into consideration power
availability within segments of the
datacenter and the overall efficiency of
use of datacenter resources as
determined by the Exchange. Should
reserved datacenter space be needed for
use, the reserving customer will have
three business days to formally contract
with the Exchange for full payment for
the reserved cabinet space in contention
or it will be reassigned. In making
determinations to require exercise or
relinquishment of reserved space as
among numerous customers, the
Exchange will take into consideration
several factors, including: Proximity
between available reserved cabinet
space and the existing space of a
customer seeking additional space for
actual cabinet usage; a customer’s ratio
of cabinets in use to those reserved; the
length of time that a particular
reservation(s) has been in place; and any
other factor that the Exchange deems
relevant to ensure overall efficiency in
use of the datacenter space.
In the Notice, the Exchange made
certain representations regarding its colocation services. First, the Exchange
represents that co-location customers
are not provided any separate or
superior means of direct access to
NASDAQ quoting and trading facilities,
nor does the Exchange offer any
separate or superior means of access to
the Exchange quoting and trading
facilities as among co-location
customers themselves within the
datacenter. Second, NASDAQ
represents that it does not make
available to co-located customers any
market data or data feed product or
service for data going into, or out of, the
Exchange systems that is not likewise
available to all the Exchange members.6
Finally, the Exchange represents that all
orders sent to the Exchange market enter
the marketplace through the same
central system quote and order gateway
regardless of whether the sender is colocated in the Exchange data center or
not. In short, according to the Exchange,
it has created no special market
technology or programming that is
available only to co-located customers
and has organized its systems to
6 The Exchange made a 10Gb fiber connection
available to co-located customers early in the first
quarter of 2010. On June 21, 2010, the Exchange
filed a proposed rule change that would, among
other things, establish pricing for 10Gb fiber
connections for customers who are not co-located
in NASDAQ’s datacenter. See SR–NASDAQ–2010–
077.
E:\FR\FM\06JYN1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 128 (Tuesday, July 6, 2010)]
[Notices]
[Pages 38858-38860]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-16290]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-62391; File No. SR-NASDAQ-2010-069]
Self-Regulatory Organizations; the NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
To Establish a Free Trial Period for the Use of Correlix, Inc. Data
Latency Products in the NASDAQ Market Center
June 28, 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 June 18, 2010, The NASDAQ Stock Market LLC (``NASDAQ'') 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 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 is filing with the Commission a proposed rule change to
establish a free trial period for the use of Correlix, Inc. data
latency products in the NASDAQ Market Center. There is no proposed rule
text.
* * * * *[sic]
(b) and (c) Not applicable. [sic]
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.
[[Page 38859]]
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
Recently, NASDAQ entered into an agreement with Correlix to provide
to users of the NASDAQ Market Center (``System'') real-time analytical
tools to measure the latency of orders to and from that System. The
specifics of the NASDAQ/Correlix relationship are detailed in SR-
NASDAQ-2010-068, a filing seeking Commission approval of the revenue
sharing arrangement between the entities. The instant filing seeks
Commission approval for the commencement of a free 60-day initial trial
period for parties wishing to evaluate the Correlix RaceTeam offering
for the NASDAQ Market Center while the Commission publishes and seeks
comment on the separate revenue-sharing filing.
NASDAQ believes that the above approach will provide potential
users valuable information about, and experience with, the Correlix
RaceTeam product while simultaneously providing ample time for the
Commission to review and seek public comment on the proposed revenue-
sharing relationship between NASDAQ and Correlix.
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. In
particular, the proposed rule change will provide potential users
valuable information about, and experience with, the Correlix RaceTeam
product while simultaneously providing ample time for the Commission to
review and seek public comment on the proposed revenue-sharing
relationship between NASDAQ and Correlix.
---------------------------------------------------------------------------
\4\ 15 U.S.C. 78f.
\5\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
In addition, NASDAQ believes that the proposed rule change is
consistent with the provisions of Section 6 of the Act,\6\ in general,
and with Section 6(b)(4) of the Act,\7\ in particular, in that it
provides for the equitable allocation of reasonable dues, fees and
other charges among members and issuers and other persons using any
facility or system which NASDAQ operates or controls. In particular,
NASDAQ notes that it will offer the free trial period on a uniform and
non-discriminatory basis.
---------------------------------------------------------------------------
\6\ 15 U.S.C. 78f.
\7\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------
NASDAQ has requested that the Commission waive the 30-day pre-
operative waiting period contained in Exchange Act Rule 19b-
4(f)(6)(iii).\10\ The Commission believes that waiving the 30-day
operative delay is consistent with the protection of investors and the
public interest because such waiver will afford Exchange members the
benefit of the proposal--the ability to evaluate the Correlix RaceTeam
product for free--without unnecessary delay. For this reason, the
Commission designates the proposed rule change as operative under upon
filing.\11\
---------------------------------------------------------------------------
\10\ 17 CFR 240.19b-4(f)(6)(iii).
\11\ 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).
---------------------------------------------------------------------------
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, as amended, 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-2010-069 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-2010-069. 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
[[Page 38860]]
available publicly. All submissions should refer to File Number SR-
NASDAQ-2010-069 and should be submitted on or before July 27, 2010.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
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\12\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-16290 Filed 7-2-10; 8:45 am]
BILLING CODE 8010-01-P
