Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Adopt Fees for the MOPB Routing Option under Rule 7018(a), 35083-35085 [2013-13775]
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Federal Register / Vol. 78, No. 112 / Tuesday, June 11, 2013 / Notices
numbers of cancelled orders while fairly
allocating costs among Participants
according to system use. In addition,
these changes to the Fee Schedule
would equitably allocate reasonable fees
among Participants in a nondiscriminatory manner by properly
imposing fees on those Participants
which enter and subsequently cancel
orders above a fixed threshold while not
imposing fees on Participants that do
not exceed this threshold.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will impose
any burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act. The
proposed change to increase the Nmult
value from two (2) to four (4) for all
security-types contributes to the
protection of investors and the public
interest by promoting display liquidity
on the Exchange. Since the Exchange
does not propose to otherwise
substantively modify the Order
Cancellation Fee, the proposed change
will not impose any burden on
competition.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were solicited
or received with respect to the proposed
rule change.
wreier-aviles on DSK5TPTVN1PROD with NOTICES
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing rule change is effective
upon filing pursuant to Section
19(b)(3)(A)(ii) of the Act 10 and
subparagraph(f)(2) of Rule 19b–4
thereunder 11 because it establishes or
changes a due, fee or other charge
imposed by the Exchange.
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.
10 15
U.S.C. 78s(b)(3)(A)(ii).
11 17 CFR 240.19b–4(f)(2).
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15:13 Jun 10, 2013
Jkt 229001
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:
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rulecomments@sec.gov. Please include File
Number SR–CHX–2013–11 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–CHX–2013–11. This file
number should be included on the
subject line if email 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 20549–1090, on official
business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such
filing also will be available for
inspection and copying at the principal
offices of CHX. 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–CHX–
2013–11, and should be submitted on or
before July 2, 2013.
Frm 00110
Fmt 4703
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.12
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2013–13772 Filed 6–10–13; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
Electronic Comments
PO 00000
35083
Sfmt 4703
[Release No. 34–69700; File No. SR–
NASDAQ–2013–080]
Self-Regulatory Organizations; The
NASDAQ Stock Market LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change To Adopt Fees
for the MOPB Routing Option under
Rule 7018(a)
June 5, 2013.
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 24,
2013 The NASDAQ Stock Market LLC
(‘‘NASDAQ’’ or the ‘‘Exchange’’) filed
with the Securities and Exchange
Commission (‘‘Commission’’) a
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 adopt fees for
the new MOPB routing option under
Rule 7018(a). The Exchange has
designated the proposed changes as
immediately effective, and proposes to
implement the changes effective with
the implementation of the MOPB order
on June 14, 2013. The text of the
proposed rule change is available on the
Exchange’s Web site at https://
www.nasdaq.cchwallstreet.com, at the
principal office of the Exchange, 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,
NASDAQ included statements
concerning the purpose of, and basis for,
the proposed rule change and discussed
any comments it received on the
12 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
E:\FR\FM\11JNN1.SGM
11JNN1
35084
Federal Register / Vol. 78, No. 112 / Tuesday, June 11, 2013 / Notices
proposed rule change. The text of those
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 parts of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
wreier-aviles on DSK5TPTVN1PROD with NOTICES
1. Purpose
NASDAQ is proposing to adopt fees
for the new MOPB routing option. On
May 15, 2013, NASDAQ adopted the
MOPB routing option, which will be
implemented in mid-June.3 NASDAQ is
amending Rule 7018(a), which concerns
fees assessed to members for the use of
the order execution and routing services
of the Nasdaq Market Center, to adopt
associated fees assessed for execution of
MOPB routing option orders. NASDAQ
has determined to assess fees for the
MOPB routing option that are identical
to the fees assessed for execution of
MOPP routing option orders. The MOPB
routing option is very similar to the
MOPP routing option, in that both order
types require the member firm to enter
the size and limit price of the order,
which then routes only to protected
quotations (‘‘Protected Quotes’’),4
including the NASDAQ Market Center,
but only for displayed size. Unlike the
MOPP routing option, an order with the
MOPB routing option will not route if,
at the time of entry, the MOPB order’s
quantity is insufficient to clear the
entire size of Protected Quotes, which
are better than or equal to the order’s
limit price. In such a case, a MOPB
order will instead cancel back
immediately thus avoiding any
execution. Also unlike the MOPP
routing option, if shares of an order with
the MOPB routing option remain unexecuted after routing they will be
immediately cancelled back to the
member rather than posting to the
NASDAQ book.
NASDAQ is proposing to assess the
same fees for execution of MOPB
routing option orders as are assessed for
execution of MOPP routing option
orders because of the similarity of the
two routing options. Specifically,
NASDAQ is proposing to assess a fee of
$0.0035 per share executed for a MOPB
order in a NASDAQ- 5 or NYSE-listed 6
3 Securities Exchange Act Release No. 69631 (May
23, 2011) (SR–NASDAQ–2013–078).
4 As defined by Rule 600(b)(58) of Regulation
NMS.
5 Rule 7018(a)(1).
6 Rule 7018(a)(2).
VerDate Mar<15>2010
15:13 Jun 10, 2013
Jkt 229001
security or a Tape B security,7 except for
those MOPB orders that execute at the
New York Stock Exchange, which will
be charged $0.0027 per share executed.
NASDAQ notes that the fees assessed
for MOPP routing option orders are
assessed only on a shares executed
basis. As such, both MOPP and MOPB
routing options operate in the same
manner for all executed shares, with the
only difference being that some MOPB
orders are canceled back in part or in
full, as described above. Accordingly,
NASDAQ believes that it is appropriate
to assess the same fee, based on shares
executed.
2. Statutory Basis
The Exchange believes that its
proposal is consistent with Section 6(b)
of the Act 8 in general, and with Section
6(b)(4) 9 of the Act, in particular. The
Exchange believes it is consistent with
Section 6(b)(4) of the Act because 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 fee structure is
equitable and not unfairly
discriminatory because the Exchange
would uniformly assess members the
same fee structure to access the
NASDAQ service. As noted, the MOPB
order routing option is very similar to
the MOPP order routing option,
differing only in the initial requirements
for order entry and how unexecuted
shares are handled. Both order routing
options route to all displayed protected
quotes, including NASDAQ. As such,
the costs incurred by NASDAQ in the
execution and routing of the shares for
both MOPP and MOPB routing options
are identical and therefore assessing the
same fees is reasonable.
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.
The proposed fees allow NASDAQ to
recapture the costs associated with
offering an order routing option and the
proposed fees are identical to the fees
assessed for a very similar order routing
option. For these reasons, NASDAQ
does not believe that the proposed rule
change will result in any burden on
competition whatsoever.
7018(a)(3).
U.S.C. 78f(b).
9 15 U.S.C. 78f(b)(4).
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 change has become
effective pursuant to Section 19(b)(3)(A)
of the Act,10 and paragraph (f) 11 of Rule
19b–4, thereunder. 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.
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 email to rulecomments@sec.gov. Please include File
Number SR–NASDAQ–2013–080 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–2013–080. This
file number should be included on the
subject line if email 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
7 Rule
8 15
PO 00000
Frm 00111
Fmt 4703
10 15
11 17
Sfmt 4703
E:\FR\FM\11JNN1.SGM
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f).
11JNN1
Federal Register / Vol. 78, No. 112 / Tuesday, June 11, 2013 / Notices
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
10:00 a.m. and 3:00 p.m. Copies of such
filing also will be available for
inspection and copying at the principal
offices 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–2013–080, and should be
submitted on or before July 2, 2013.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.12
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2013–13775 Filed 6–10–13; 8:45 am]
BILLING CODE 8011–01–P
SMALL BUSINESS ADMINISTRATION
Small Business Size Standards:
Waiver of the Nonmanufacturer Rule
U.S. Small Business
Administration.
ACTION: Reopen the public comment
period.
wreier-aviles on DSK5TPTVN1PROD with NOTICES
AGENCY:
SUMMARY: The U.S. Small Business
Administration is reopening the public
comment period for the notice to
rescind a class waiver of the
Nonmanufacturer Rule for Aerospace
Ball and Roller Bearings, North
American Industry Classification
System (NAICS) code 332991, Products
and Services Code (PSC) 3110, made
available for public comment on April
4, 2013 (78 FR 20371). The public
comment period for the notice to
rescind the class waiver for Aerospace
Ball and Roller Bearings closed on June
3, 2013. The public comment period
will reopen for 14 days from publication
in response to a public request for
additional review time.
DATES: The public comment period for
the notice published on April 4, 2013
(78 FR 20371) will reopen and close 14
days after the date of publication in the
Federal Register.
FOR FURTHER INFORMATION CONTACT: You
may submit comments, identified by
docket number SBA–2013–0004, by any
of the following methods:
12 17
CFR 200.30–3(a)(12).
VerDate Mar<15>2010
15:13 Jun 10, 2013
Jkt 229001
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail/Hand Delivery/Courier:
Edward Halstead, Procurement Analyst,
U.S. Small Business Administration,
409 3rd Street SW., 8th floor,
Washington, DC 20416.
All comments will be posted on
www.Regulations.gov. If you wish to
include within your comment
confidential business information (CBI)
as defined in the Privacy and Use
Notice/User Notice at
www.Regulations.gov and you do not
want that information disclosed, you
must submit the comment by either
Mail or Hand Delivery. In the
submission, you must highlight the
information that you consider is CBI
and explain why you believe this
information should be withheld as
confidential. SBA will make a final
determination, in its sole discretion, as
to whether the information is CBI and
therefore will be published or withheld.
FOR FURTHER INFORMATION CONTACT:
Edward Halstead, (202) 205–9885,
Edward.halstead@sba.gov.
SUPPLEMENTARY INFORMATION: Section
8(a)(17) of the Small Business Act (the
Act), 15 U.S.C. 637(a)(17), and SBA’s
implementing regulations generally
require that recipients of Federal supply
contracts that are set aside for small
businesses, Small Disabled Veteran
Owned Small Business Concerns,
Women-Owned Small Businesses, or
Participants in the SBA’s 8(a) Business
Development Program provide the
product of a domestic small business
manufacturer or processor if the
recipient is other than the actual
manufacturer or processor of the
product. This requirement is commonly
referred to as the Nonmanufacturer
Rule. 13 CFR 121.406(b). The Act
authorizes SBA to waive the
Nonmanufacturer Rule for any ‘‘class of
products’’ for which there are no small
business manufacturers or processors
available to participate in the Federal
market. In order to be considered
available to participate in the Federal
market for a class of products, a small
business manufacturer must have
submitted a proposal for a contract or
received a contract from the Federal
government within the last 24 months.
13 CFR 121.1202(c). SBA defines ‘‘class
of products’’ as an individual
subdivision within a North American
Industry Classification System (NAICS)
Industry Number as established by the
Office of Management and Budget in the
NAICS Manual. 13 CFR 121.1202(d). In
addition, SBA uses Product Service
Codes (PSCs) to further identify
PO 00000
Frm 00112
Fmt 4703
Sfmt 4703
35085
particular products within the NAICS
code to which a waiver would apply.
SBA may then identify a specific item
within a PSC and NAICS code to which
a class waiver would apply.
On April 4, 2013, SBA published a
notice in the Federal Register
announcing that SBA was considering
rescinding a class waiver of the
Nonmanufacturer Rule for Aerospace
Ball and Roller Bearings, NAICS code
332991, PSC 3110, based on information
submitted by several small business
manufacturers of aerospace ball and
roller bearings that have done business
with the Federal government within the
previous two years. 78 FR 20371. The
public comment period for the notice to
rescind the class waiver for Aerospace
Ball and Roller Bearings closed on June
3, 2013. This notice announces a
reopening of the public comment period
until 14 days after the date of
publication in the Federal Register.
Kenneth W. Dodds,
Director, Office of Government Contracting.
[FR Doc. 2013–13746 Filed 6–10–13; 8:45 am]
BILLING CODE 8025–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Consensus Standards, Light-Sport
Aircraft
Federal Aviation
Administration, DOT.
ACTION: Notice of availability; request
for comments.
AGENCY:
SUMMARY: This notice announces the
availability of one new and seven
revised consensus standards relating to
the provisions of the Sport Pilot and
Light-Sport Aircraft rule issued July 16,
2004, and effective September 1, 2004.
ASTM International Committee F37 on
Light Sport Aircraft developed the new
and revised standards with Federal
Aviation Administration (FAA)
participation. By this notice, the FAA
finds the new and revised standards
acceptable for certification of the
specified aircraft under the provisions
of the Sport Pilot and Light-Sport
Aircraft rule.
DATES: Comments must be received on
or before August 12, 2013.
ADDRESSES: Comments may be mailed
to: Federal Aviation Administration,
Small Airplane Directorate, Programs
and Procedures Branch, ACE–114,
Attention: Terry Chasteen, Room 301,
901 Locust, Kansas City, Missouri
64106. Comments may also be emailed
to: 9-ACE-AVR-LSA-Comments@faa.gov.
E:\FR\FM\11JNN1.SGM
11JNN1
Agencies
[Federal Register Volume 78, Number 112 (Tuesday, June 11, 2013)]
[Notices]
[Pages 35083-35085]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13775]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-69700; File No. SR-NASDAQ-2013-080]
Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Adopt Fees for the MOPB Routing Option under Rule 7018(a)
June 5, 2013.
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 24, 2013 The NASDAQ Stock Market LLC (``NASDAQ'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') a 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 adopt fees for the new MOPB routing option under
Rule 7018(a). The Exchange has designated the proposed changes as
immediately effective, and proposes to implement the changes effective
with the implementation of the MOPB order on June 14, 2013. The text of
the proposed rule change is available on the Exchange's Web site at
https://www.nasdaq.cchwallstreet.com, at the principal office of the
Exchange, 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, NASDAQ included statements
concerning the purpose of, and basis for, the proposed rule change and
discussed any comments it received on the
[[Page 35084]]
proposed rule change. The text of those 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 parts 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 proposing to adopt fees for the new MOPB routing option.
On May 15, 2013, NASDAQ adopted the MOPB routing option, which will be
implemented in mid-June.\3\ NASDAQ is amending Rule 7018(a), which
concerns fees assessed to members for the use of the order execution
and routing services of the Nasdaq Market Center, to adopt associated
fees assessed for execution of MOPB routing option orders. NASDAQ has
determined to assess fees for the MOPB routing option that are
identical to the fees assessed for execution of MOPP routing option
orders. The MOPB routing option is very similar to the MOPP routing
option, in that both order types require the member firm to enter the
size and limit price of the order, which then routes only to protected
quotations (``Protected Quotes''),\4\ including the NASDAQ Market
Center, but only for displayed size. Unlike the MOPP routing option, an
order with the MOPB routing option will not route if, at the time of
entry, the MOPB order's quantity is insufficient to clear the entire
size of Protected Quotes, which are better than or equal to the order's
limit price. In such a case, a MOPB order will instead cancel back
immediately thus avoiding any execution. Also unlike the MOPP routing
option, if shares of an order with the MOPB routing option remain un-
executed after routing they will be immediately cancelled back to the
member rather than posting to the NASDAQ book.
---------------------------------------------------------------------------
\3\ Securities Exchange Act Release No. 69631 (May 23, 2011)
(SR-NASDAQ-2013-078).
\4\ As defined by Rule 600(b)(58) of Regulation NMS.
---------------------------------------------------------------------------
NASDAQ is proposing to assess the same fees for execution of MOPB
routing option orders as are assessed for execution of MOPP routing
option orders because of the similarity of the two routing options.
Specifically, NASDAQ is proposing to assess a fee of $0.0035 per share
executed for a MOPB order in a NASDAQ- \5\ or NYSE-listed \6\ security
or a Tape B security,\7\ except for those MOPB orders that execute at
the New York Stock Exchange, which will be charged $0.0027 per share
executed. NASDAQ notes that the fees assessed for MOPP routing option
orders are assessed only on a shares executed basis. As such, both MOPP
and MOPB routing options operate in the same manner for all executed
shares, with the only difference being that some MOPB orders are
canceled back in part or in full, as described above. Accordingly,
NASDAQ believes that it is appropriate to assess the same fee, based on
shares executed.
---------------------------------------------------------------------------
\5\ Rule 7018(a)(1).
\6\ Rule 7018(a)(2).
\7\ Rule 7018(a)(3).
---------------------------------------------------------------------------
2. Statutory Basis
The Exchange believes that its proposal is consistent with Section
6(b) of the Act \8\ in general, and with Section 6(b)(4) \9\ of the
Act, in particular. The Exchange believes it is consistent with Section
6(b)(4) of the Act because 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 fee structure is equitable and not unfairly
discriminatory because the Exchange would uniformly assess members the
same fee structure to access the NASDAQ service. As noted, the MOPB
order routing option is very similar to the MOPP order routing option,
differing only in the initial requirements for order entry and how
unexecuted shares are handled. Both order routing options route to all
displayed protected quotes, including NASDAQ. As such, the costs
incurred by NASDAQ in the execution and routing of the shares for both
MOPP and MOPB routing options are identical and therefore assessing the
same fees is reasonable.
---------------------------------------------------------------------------
\8\ 15 U.S.C. 78f(b).
\9\ 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 result
in any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act, as amended. The proposed fees
allow NASDAQ to recapture the costs associated with offering an order
routing option and the proposed fees are identical to the fees assessed
for a very similar order routing option. For these reasons, NASDAQ does
not believe that the proposed rule change will result in any burden on
competition whatsoever.
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 change has become effective pursuant to Section
19(b)(3)(A) of the Act,\10\ and paragraph (f) \11\ of Rule 19b-4,
thereunder. 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.
---------------------------------------------------------------------------
\10\ 15 U.S.C. 78s(b)(3)(A).
\11\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------
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 email to rule-comments@sec.gov. Please include
File Number SR-NASDAQ-2013-080 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-2013-080. This
file number should be included on the subject line if email 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
[[Page 35085]]
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 10:00 a.m. and 3:00 p.m. Copies of
such filing also will be available for inspection and copying at the
principal offices 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-2013-080, and should be submitted on or before
July 2, 2013.
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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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-13775 Filed 6-10-13; 8:45 am]
BILLING CODE 8011-01-P