Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Rule 7034 Regarding Certain Co-Location Installation Fees, 34783-34785 [2011-14591]
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Federal Register / Vol. 76, No. 114 / Tuesday, June 14, 2011 / Notices
financial results, since the auditors will
have reviewed several quarters, at least,
of the public company’s operating
results, as will the company’s audit
committee. To the extent the company
had adopted new internal controls at the
time of the merger, those too will have
been in place and able to exert a
corrective influence over any previous
flaws in the company’s financial
reporting process.
2. Statutory Basis
Nasdaq believes that the proposed
rule change is consistent with the
provisions of Section 6 of the Act,12 in
general and with Section 6(b)(5) of the
Act,13 in particular in that it is designed
to prevent fraudulent and manipulative
acts and practices, to promote just and
equitable principles of trade, to foster
cooperation and coordination with
persons engaged in regulating, clearing,
settling, processing information with
respect to, and facilitating transactions
in securities, to remove impediments to
and perfect the mechanism of a free and
open market and a national market
system, and, in general, to protect
investors and the public interest. The
proposed rule change is designed to
enhance investor protection by
imposing additional requirements on a
category of companies that have raised
regulatory concerns.
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.
srobinson on DSK4SPTVN1PROD with NOTICES
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 45 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 or disapprove
such proposed rule change, or
12 15
U.S.C. 78f.
13 15 U.S.C. 78f(b)(5).
VerDate Mar<15>2010
16:27 Jun 13, 2011
Jkt 223001
B. Institute proceedings to determine
whether the proposed rule change
should be disapproved.
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–2011–073 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–2011–073. 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 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 Nasdaq. 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–2011–073, and
should be submitted on or before July 5,
2011.
PO 00000
Frm 00145
Fmt 4703
Sfmt 4703
34783
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.14
Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011–14648 Filed 6–13–11; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–64630; File No. SR–
NASDAQ–2011–074]
Self-Regulatory Organizations; The
NASDAQ Stock Market LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change To Amend Rule
7034 Regarding Certain Co-Location
Installation Fees
June 8, 2011.
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 May 26,
2011, The NASDAQ Stock Market LLC
(‘‘NASDAQ’’ or ‘‘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 the Substance
of the Proposed Rule Change
The Exchange proposes to amend
Rule 7034 regarding fees assessed for
the installation of certain co-location
services. The Exchange will implement
the proposed change on June 1, 2011.
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
14 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
E:\FR\FM\14JNN1.SGM
14JNN1
34784
Federal Register / Vol. 76, No. 114 / Tuesday, June 14, 2011 / Notices
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
srobinson on DSK4SPTVN1PROD with NOTICES
The Exchange proposes to amend
Rule 7034 regarding fees assessed for
the installation of certain co-location
services to further incentivize the use of
the co-location services. The installation
fees for the following co-location
services will be waived commencing
June 1, 2011 and ending June 30,
2011(the ‘‘designated period’’).
Beginning July 1, 2011, the abovereferenced waived fees will resume in
full at the amount prior to [sic]
designated period. The Exchange
proposes to waive the following
installation fees during the designated
period:
1. Rule 7034(a): Installation fees for
new cabinets with power.
2. Rule 7034(b): Installation fees for
external telecommunication, intercabinet connectivity, connectivity to
NASDAQ and market data connectivity
related to an order for a new cabinet.
However, the one-time
telecommunication connectivity
expedite fee 3 will not be waived during
the designated period.
3. Rule 7034(c): Installation fees for
cabinet power related to an order for a
new cabinet.
4. Rule 7034(d): Installation fees for
cooling fans, perforated floor tiles and
fiber downspouts, which are necessary
items to support a higher density
cabinet and fiber cross connects,
relating to an order for a new cabinet
placed during the designated period.
Installation fees for other items that are
customized or options are not waived
during the time period.
The following requirements must be
met to receive the waiver of the
installation fee:
1. the new cabinet order must be
placed in the CoLo Console 4 during the
designated period; and
2. the new cabinet must be live within
90 days of the date of the order 5.
3 The one-time telecommunication connectivity
expedite fee is a fee for an optional request to
complete the installation in a shorter time period
than the install timeframes.
4 The ‘‘CoLo Console’’ is Web-based ordering tool
that is utilized by NASDAQ to place co-location
orders.
5 Exchange staff generally installs and makes
operational a new cabinet within 90 days of the
date of the order (the ‘‘live date’’). The estimated
live date is communicated to the customer.
However, there may be instances where the
VerDate Mar<15>2010
16:27 Jun 13, 2011
Jkt 223001
2. Statutory Basis
The Exchange 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 proposed installation fees
in [sic] which the Exchange seeks a
temporary waiver will be assessed
equally to customers that place an order
for a new cabinet during the designated
period. The proposed amendments will
provide an incentive for customers to
avail themselves of the designated colocation services. The proposal is
similar to the waiver of fees during an
introductory period for a product, and is
equitable because all persons may avail
themselves of the waiver during the
period of its availability.
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.
The Exchange believes that the waiver
of fees for certain co-location services is
equitable because all persons may avail
themselves of the waiver during the
period of its availability.
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 foregoing rule change has become
effective pursuant to Section
19(b)(3)(A)(ii) of the Act.8 At any time
within 60 days of the filing of the
proposed rule change, the Commission
summarily may temporarily suspend
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. If the Commission
takes such action, the Commission shall
customer desires the live date to be later than the
estimated live date provided by Exchange staff. In
such instances, the live date cannot extend beyond
90 days of the date of the order.
6 15 U.S.C. 78f.
7 15 U.S.C. 78f(b)(4).
8 15 U.S.C. 78s(b)(3)(a)(ii) [sic].
PO 00000
Frm 00146
Fmt 4703
Sfmt 4703
institute proceedings to determine
whether the proposed rule should be
approved or disapproved.
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–2011–074 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–2011–074. 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 offices 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–2011–074, and
should be submitted on or before July 5,
2011.
E:\FR\FM\14JNN1.SGM
14JNN1
Federal Register / Vol. 76, No. 114 / Tuesday, June 14, 2011 / Notices
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.9
Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011–14591 Filed 6–13–11; 8:45 am]
BILLING CODE 8011–01–P
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
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–64631; File No. SR–BX–
2011–032]
Self-Regulatory Organizations;
NASDAQ OMX BX, Inc.; Notice of Filing
and Immediate Effectiveness of
Proposed Rule Change To Amend Rule
7034 Regarding Certain Co-Location
Installation Fees
June 8, 2011.
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 May 26,
2011, NASDAQ OMX BX, Inc. (‘‘BX’’ or
‘‘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 the Substance
of the Proposed Rule Change
The Exchange proposes to modify fees
for non co-location services. While
changes to the Fee Schedule pursuant to
this proposal are effective upon filing,
the Exchange has designated these
changes to be operative on June 1, 2011.
The text of the proposed rule change is
available at https://
nasdaqomxbx.cchwallstreet.com/, at the
Exchange’s principal office, and at the
Commission’s Public Reference Room.
srobinson on DSK4SPTVN1PROD 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
9 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
16:27 Jun 13, 2011
Jkt 223001
The Exchange proposes to amend
Rule 7034 regarding fees assessed for
the installation of certain co-location
services to further incentivize the use of
the co-location services. The installation
fees for the following co-location
services will be waived commencing
June 1, 2011 and ending June 30, 2011
(the ‘‘designated period’’). Beginning
July 1, 2011, the above-referenced
waived fees will resume in full at the
amount prior to [sic] designated period.
The Exchange proposes to waive the
following installation fees during the
designated period:
1. Rule 7034(a): installation fees for new
cabinets with power.
2. Rule 7034(b): installation fees for
external telecommunication, inter-cabinet
connectivity, connectivity to The Nasdaq
Stock Market LLC and market data
connectivity related to an order for a new
cabinet. However, the one-time
telecommunication connectivity expedite
fee 3 will not be waived during the
designated period.
3. Rule 7034(c): installation fees for cabinet
power related to an order for a new cabinet.
4. Rule 7034(d): installation fees for
cooling fans, perforated floor tiles and fiber
downspouts, which are necessary items to
support a higher density cabinet and fiber
cross connects, relating to an order for a new
cabinet placed during the designated period.
Installation fees for other items that are
customized or options are not waived during
the time period.
The following requirements must be met
to receive the waiver of the installation
fee:
1. The new cabinet order must be placed
in the CoLo Console 4 during the designated
period; and
2. The new cabinet must be live within 90
days of the date of the order.5
3 The one-time telecommunication connectivity
expedite fee is a fee for an optional request to
complete the installation in a shorter time period
than the install timeframes.
4 The ‘‘CoLo Console’’ is a Web-based ordering
tool that is utilized by BX to place co-location
orders.
5 Exchange staff generally installs and makes
operational a new cabinet within 90 days of the
date of the order (the ‘‘live date’’). The estimated
live date is communicated to the customer.
However, there may be instances where the
customer desires the live date to be later than the
estimated live date provided by Exchange staff. In
such instances, the live date cannot extend beyond
90 days of the date of the order.
PO 00000
Frm 00147
Fmt 4703
Sfmt 4703
34785
2. Statutory Basis
The Exchange 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 proposed installation fees
in [sic] which the Exchange seeks a
temporary waiver will be assessed
equally to customers that place an order
for a new cabinet during the designated
period. The proposed amendments will
provide an incentive for customers to
avail themselves of the designated colocation services. The proposal is
similar to the waiver of fees during an
introductory period for a product, and is
equitable because all persons may avail
themselves of the waiver during the
period of its availability.
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.
The Exchange believes that the waiver
of fees for certain co-location services is
equitable because all persons may avail
themselves of the waiver during the
period of its availability.
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 foregoing rule change has become
effective pursuant to Section
19(b)(3)(A)(ii) of the Act.8 At any time
within 60 days of the filing of the
proposed rule change, the Commission
summarily may temporarily suspend
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. If the Commission
takes such action, the Commission shall
institute proceedings to determine
6 15
U.S.C. 78f.
U.S.C. 78f(b)(4).
8 15 U.S.C. 78s(b)(3)(a)(ii) [sic].
7 15
E:\FR\FM\14JNN1.SGM
14JNN1
]]>Agencies
[Federal Register Volume 76, Number 114 (Tuesday, June 14, 2011)]
[Notices]
[Pages 34783-34785]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-14591]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-64630; File No. SR-NASDAQ-2011-074]
Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend Rule 7034 Regarding Certain Co-Location Installation Fees
June 8, 2011.
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 May 26, 2011, The NASDAQ Stock Market LLC (``NASDAQ'' or
``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 the
Substance of the Proposed Rule Change
The Exchange proposes to amend Rule 7034 regarding fees assessed
for the installation of certain co-location services. The Exchange will
implement the proposed change on June 1, 2011. 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
[[Page 34784]]
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
The Exchange proposes to amend Rule 7034 regarding fees assessed
for the installation of certain co-location services to further
incentivize the use of the co-location services. The installation fees
for the following co-location services will be waived commencing June
1, 2011 and ending June 30, 2011(the ``designated period''). Beginning
July 1, 2011, the above-referenced waived fees will resume in full at
the amount prior to [sic] designated period. The Exchange proposes to
waive the following installation fees during the designated period:
1. Rule 7034(a): Installation fees for new cabinets with power.
2. Rule 7034(b): Installation fees for external telecommunication,
inter-cabinet connectivity, connectivity to NASDAQ and market data
connectivity related to an order for a new cabinet. However, the one-
time telecommunication connectivity expedite fee \3\ will not be waived
during the designated period.
---------------------------------------------------------------------------
\3\ The one-time telecommunication connectivity expedite fee is
a fee for an optional request to complete the installation in a
shorter time period than the install timeframes.
---------------------------------------------------------------------------
3. Rule 7034(c): Installation fees for cabinet power related to an
order for a new cabinet.
4. Rule 7034(d): Installation fees for cooling fans, perforated
floor tiles and fiber downspouts, which are necessary items to support
a higher density cabinet and fiber cross connects, relating to an order
for a new cabinet placed during the designated period. Installation
fees for other items that are customized or options are not waived
during the time period.
The following requirements must be met to receive the waiver of the
installation fee:
1. the new cabinet order must be placed in the CoLo Console \4\
during the designated period; and
---------------------------------------------------------------------------
\4\ The ``CoLo Console'' is Web-based ordering tool that is
utilized by NASDAQ to place co-location orders.
---------------------------------------------------------------------------
2. the new cabinet must be live within 90 days of the date of the
order \5\.
---------------------------------------------------------------------------
\5\ Exchange staff generally installs and makes operational a
new cabinet within 90 days of the date of the order (the ``live
date''). The estimated live date is communicated to the customer.
However, there may be instances where the customer desires the live
date to be later than the estimated live date provided by Exchange
staff. In such instances, the live date cannot extend beyond 90 days
of the date of the order.
---------------------------------------------------------------------------
2. Statutory Basis
The Exchange 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 proposed
installation fees in [sic] which the Exchange seeks a temporary waiver
will be assessed equally to customers that place an order for a new
cabinet during the designated period. The proposed amendments will
provide an incentive for customers to avail themselves of the
designated co-location services. The proposal is similar to the waiver
of fees during an introductory period for a product, and is equitable
because all persons may avail themselves of the waiver during the
period of its availability.
---------------------------------------------------------------------------
\6\ 15 U.S.C. 78f.
\7\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------
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. The
Exchange believes that the waiver of fees for certain co-location
services is equitable because all persons may avail themselves of the
waiver during the period of its availability.
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 foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\8\ At any time within 60 days of the filing
of the proposed rule change, the Commission summarily may temporarily
suspend 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. If the Commission takes such action, the Commission shall
institute proceedings to determine whether the proposed rule should be
approved or disapproved.
---------------------------------------------------------------------------
\8\ 15 U.S.C. 78s(b)(3)(a)(ii) [sic].
---------------------------------------------------------------------------
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-2011-074 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-2011-074. 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 offices 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-2011-074, and
should be submitted on or before July 5, 2011.
[[Page 34785]]
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
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\9\ 17 CFR 200.30-3(a)(12).
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Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-14591 Filed 6-13-11; 8:45 am]
BILLING CODE 8011-01-P
