Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Correct a Typographical Error and an Incorrect Cross Reference in Rule 5635(e)(4), 57905-57907 [2013-22884]
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57905
Federal Register / Vol. 78, No. 183 / Friday, September 20, 2013 / Notices
public Web site at https://www.rnc.gov/
site-help/e-submittals.html. To ensure
timely electronic filing, at least 5 (five)
days prior to the filing deadline, the
petitioner/requestor should contact the
Office of the Secretary by email at
HEARINGDOCKET@NRC.GOV, or by
calling (301) 415–1677, to request a
digital ID certificate and allow for the
creation of an electronic docket.
In addition to a request for hearing or
petition for leave to intervene, written
comments, in accordance with 10 CFR
110.81, should be submitted within
thirty (30) days after publication of this
notice in the Federal Register to Office
of the Secretary, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555, Attention: Rulemaking and
Adjudications.
The information concerning this
export license application follows.
NRC EXPORT LICENSE APPLICATION
[Desription of material]
Name of applicant
Date of application
Date received
Application No.
Docket No.
Curtiss-Wright Electro-Mechanical Corporation, August 28, 2013, August 29,
2013, XR177, 11006121.
Material type
Total quantity
Complete primary coolant
pump systems, related
equipment, and spare
parts.
Dated this 16th day of September 2013 in
Rockville, Maryland.
For The Nuclear Regulatory Commission.
Mark R. Shaffer,
Deputy Director, Office of International
Programs.
Enough for eight AP–1000
(design) reactors.
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–70421; File No. SR–
NASDAQ–2013–118]
BILLING CODE 7590–01–P
Self-Regulatory Organizations; The
NASDAQ Stock Market LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change To Correct a
Typographical Error and an Incorrect
Cross Reference in Rule 5635(e)(4)
SECURITIES AND EXCHANGE
COMMISSION
September 16, 2013.
[FR Doc. 2013–22951 Filed 9–19–13; 8:45 am]
Sunshine Act Meeting
FEDERAL REGISTER CITATION OF PREVIOUS
ANNOUNCEMENT: [To be Published]
STATUS:
PLACE:
Closed Meeting.
100 F Street NE., Washington,
DC.
DATE AND TIME OF PREVIOUSLY ANNOUNCED
MEETING: Tuesday, September 17, 2013
at 4:00 p.m.
Cancellation of
Meeting.
The Closed Meeting scheduled for
Tuesday, September 17, 2013 at 4:00
p.m. was cancelled.
For further information please contact
the Office of the Secretary at (202) 551–
5400.
mstockstill on DSK4VPTVN1PROD with NOTICES
CHANGE IN THE MEETING:
Dated: September 17, 2013.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2013–23013 Filed 9–18–13; 11:15 am]
BILLING CODE 8011–01–P
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
September 10, 2013, 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 and II
below, which Items have been prepared
by the Exchange. Nasdaq has designated
the proposed rule change as effecting a
change described 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 proposes a change to Rule
5635 to correct a typographical error
and incorrect citation.
The text of the proposed rule change
is below. Proposed new language is in
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 17 CFR 240.19b–4(f)(6).
17:24 Sep 19, 2013
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PO 00000
Frm 00069
Fmt 4703
Construction, maintenance,
and operation of AP–1000
(design) nuclear reactors.
China.
underlined; proposed deletions are in
brackets.4
*
*
*
*
*
5635. Shareholder Approval
This Rule sets forth the circumstances
under which shareholder approval is
required prior to an issuance of
securities in connection with: (i) the
acquisition of the stock or assets of
another company; (ii) equity-based
compensation of officers, directors,
employees or consultants; (iii) a change
of control; and (iv) private placements.
General provisions relating to
shareholder approval are set forth in
Rule 5635(e), and the financial viability
exception to the shareholder approval
requirement is set forth in Rule 5635(f).
Nasdaq-listed Companies and their
representatives are encouraged to use
the interpretative letter process
described in Rule 5602.
(a)–(d) No change.
(e) Definitions and Computations
Relating to the Shareholder Approval
Requirements
(1)–(3) No change.
(4) Where shareholder approval is
required, the minimum vote that will
constitute shareholder approval shall be
a majority of the total votes cast on the
proposal.[.] These votes may be cast in
person, by proxy at a meeting of
Shareholders or by written consent in
lieu of a special meeting to the extent
permitted by applicable state and
federal law and rules (including
interpretations thereof), including,
without limitation, Regulations 14A and
14C under the Act. Nothing contained
in this Rule 5635(e)(4)[(5)] shall affect a
4 Changes are marked to the rule text that appears
in the electronic manual of Nasdaq found at https://
nasdaqomx.cchwallstreet.com.
2 17
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Recipient
country
End use
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57906
Federal Register / Vol. 78, No. 183 / Friday, September 20, 2013 / Notices
Company’s obligation to hold an annual
meeting of Shareholders as required by
Rule 5620(a).
(5) No change.
(f) No change.
*
*
*
*
*
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission,
Nasdaq included statements concerning
the purpose of and basis for the
proposed rule change and discussed any
comments it received on the proposed
rule change. The text of these statements
may be examined at the places specified
in Item IV below. Nasdaq has prepared
summaries, set forth in Sections A, B,
and C below, of the most significant
aspects of such statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
mstockstill on DSK4VPTVN1PROD with NOTICES
1. Purpose
Nasdaq is proposing to correct a
typographical error and to update a rule
reference found in Rule 5635(e)(4).
Specifically, Nasdaq proposes to delete
an extraneous period in that rule and to
correct a reference to that paragraph,
which currently incorrectly identifies it
as paragraph (5).
2. Statutory Basis
Nasdaq believes that the proposed
rule change is consistent with the
provisions of Section 6 of the Act,5 in
general and with Sections 6(b)(5) of the
Act,6 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 consistent with
these provisions in that it will eliminate
confusion about Nasdaq rules by
updating an inaccurate cross-reference,
without changing the substance of the
rules.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
Nasdaq does not believe that the
proposed rule change will result in any
5 15
6 15
U.S.C. 78f.
U.S.C. 78f(b)(5).
VerDate Mar<15>2010
17:24 Sep 19, 2013
Jkt 229001
burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act, as amended.
The proposed rule change will have no
impact on competition as it merely
eliminates potential confusion by
clarifying the existing rule without
changing its substance.
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)
of the Act 7 and Rule 19b–4(f)(6) 8
thereunder because the proposal does
not: (i) Significantly affect the
protection of investors or the public
interest; (ii) impose any significant
burden on competition; and (iii) by its
terms, become operative for 30 days
from the date on which it was filed, or
such shorter time as the Commission
may designate if consistent with the
protection of investors and the public
interest.9
A proposed rule change filed under
Rule 19b–4(f)(6) normally may not
become operative prior to 30 days after
the date of filing. However, Rule 19b–
4(f)(6)(iii) 10 permits the Commission to
designate a shorter time if such action
is consistent with the protection of
investors and the public interest. The
Exchange has requested that the
Commission waive the 30-day operative
delay period. The Commission believes
that waiver of the 30-day operative
delay period is consistent with the
protection of investors and the public
interest. Specifically, the Commission
believes that the proposal would
eliminate confusion in the Exchange’s
rules and provide clarification to the
public. For these reasons, the
Commission believes that waiving the
30-day operative delay is consistent
with the protection of investors and the
public interest, and designates the
7 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6).
9 In addition, Rule 19b–4(f)(6)(iii) requires the
Exchange to give the Commission written notice of
the Exchange’s intent to file the proposed rule
change, along with a brief description and text of
the proposed rule change, at least five business days
prior to the date of filing of the proposed rule
change, or such shorter time as designated by the
Commission. The Exchange has satisfied this
requirement.
10 17 CFR 240.19b–4(f)(6)(iii).
8 17
PO 00000
Frm 00070
Fmt 4703
Sfmt 4703
proposed rule change to be operative
upon filing with the Commission.11
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.12
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–2013–118 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–2013–118. 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, 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
11 For purposes only of waiving the operative
delay for this proposal, the Commission has
considered the proposed rule’s impact on
efficiency, competition, and capital formation. See
15 U.S.C. 78c(f).
12 15 U.S.C. 78s(b)(3)(C).
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Federal Register / Vol. 78, No. 183 / Friday, September 20, 2013 / Notices
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–2013–118 and should be
submitted on or before October 11,
2013.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.13
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2013–22884 Filed 9–19–13; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
Self-Regulatory Organizations;
International Securities Exchange,
LLC; Notice of Filing and Immediate
Effectiveness of Proposed Rule
Change To Amend Rule 604,
Continuing Education for Registered
Persons, and To Adopt a
Corresponding Fee
September 16, 2013.
mstockstill on DSK4VPTVN1PROD with NOTICES
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (the
‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on
September 13, 2013, the International
Securities Exchange, LLC (the
‘‘Exchange’’ or the ‘‘ISE’’) 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 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
The Exchange is proposing to amend
Rule 604 to clarify the current
continuing education requirements for
registered persons based upon their
registration with the Exchange, and to
adopt a new continuing education
requirement for Series 56 registered
persons, including a corresponding fee.
The text of the proposed rule change
is available on the Exchange’s Internet
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
VerDate Mar<15>2010
17:24 Sep 19, 2013
Jkt 229001
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
self-regulatory organization has
prepared summaries, set forth in
Sections A, B and C below, of the most
significant aspects of such statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
[Release No. 34–70417; File No. SR–ISE–
2013–48]
13 17
Web site at https://www.ise.com, at the
principal office of the Exchange, and at
the Commission’s Public Reference
Room.
1. Purpose
The purpose of the proposed rule
change is to clarify the current
continuing education requirements for
registered persons based upon their
registration with the Exchange, and to
adopt a new continuing education
requirement for Series 56 registered
persons (‘‘Proprietary Traders’’). The
Exchange also proposes to adopt a fee
for the new continuing education
program applicable to Proprietary
Traders.
The Exchange adopted the Proprietary
Trader registration in 2011, working
with various other exchanges and the
Financial Industry Regulatory Authority
(‘‘FINRA’’). At this time, the Exchange
is proposing a new Proprietary Trader
continuing education program which
will be administered by FINRA. The
new program, the S501, is intended to
address the specific continuing
education of Proprietary Traders, based
on the content outline for the Series 56
exam, which covers the main categories
of rules and regulations generally
applicable to such persons.3
The S501 is required for persons who
are registered as Proprietary Traders and
do not maintain any other registration.
Individuals that are registered under
any other registration are required to
maintain the continuing educations [sic]
obligations associated with such
registrations. For example, an
3 These generally include recordkeeping and
recording requirements, types and characteristics of
securities and investments, trading practices and
display execution and trading systems. See
Securities Exchange Act Release No. 65054 (Aug. 8,
2011), 76 FR 50277 (Aug. 12, 2011) (SR–ISE–2011–
36).
PO 00000
Frm 00071
Fmt 4703
Sfmt 4703
57907
individual that engages solely in
proprietary trading activities but has
passed the Series 7 and is registered as
a General Securities Representative will
be required to continue taking the Series
7 continuing education program (S101).
Although such an individual may be
engaging in the same activities as an
individual registered as a Proprietary
Trader, the Series 7 examination is more
comprehensive and covers topics that
the Series 56 does not. Thus, the
Exchange believes that this individual
should complete the continuing
education associated with the Series 7
because this covers all aspects of the
individual’s registration.
The introduction of the S501 allows
the Exchange to tailor its continuing
education requirements more closely to
the duties of individuals who have
registered with the Exchange as
Proprietary Traders after passing the
Series 56. More specifically, the
Exchange believes allowing individuals
engaging solely in proprietary trading
who take the Series 56 and register as
Proprietary Traders to complete a
separate continuing education program
than those Proprietary Traders who
passed the Series 7 and maintain a
General Securities Representative
registration is appropriate given that all
individuals who engage solely in
proprietary trading have the option of
taking either test. In comparison to the
more comprehensive Series 7, the Series
56 examination is more closely tailored
to the practice of proprietary trading. As
such, the Exchange believes a Series 56
continuing education program should
be tailored as well. At the same time, if
an individual who has passed the Series
7 would like to retain a General
Securities Representative registration,
the Exchange believes it is appropriate
they [sic] continue to be required to
complete the broader continuing
education program, which covers all
aspects of this registration.
The Exchange also proposes to amend
Rule 604(a) to specify the required
Regulatory Element for each category of
registered persons. Currently, Rule
604(a) provides that no Member shall
permit any registered person to continue
to, and no registered person shall
continue to, perform duties as a
registered person, unless such person
has complied with the continuing
education requirements of paragraph (a).
Each registered person shall complete
the Regulatory Element of the
continuing education program on the
occurrence of their [sic] second
registration anniversary date(s), and
every three years thereafter or as
otherwise prescribed by the Exchange.
On each occasion, the Regulatory
E:\FR\FM\20SEN1.SGM
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Agencies
[Federal Register Volume 78, Number 183 (Friday, September 20, 2013)]
[Notices]
[Pages 57905-57907]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-22884]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-70421; File No. SR-NASDAQ-2013-118]
Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Correct a Typographical Error and an Incorrect Cross Reference in Rule
5635(e)(4)
September 16, 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 September 10, 2013, 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 and
II below, which Items have been prepared by the Exchange. Nasdaq has
designated the proposed rule change as effecting a change described
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 proposes a change to Rule 5635 to correct a typographical
error and incorrect citation.
The text of the proposed rule change is below. Proposed new
language is in underlined; proposed deletions are in brackets.\4\
---------------------------------------------------------------------------
\4\ Changes are marked to the rule text that appears in the
electronic manual of Nasdaq found at https://nasdaqomx.cchwallstreet.com.
---------------------------------------------------------------------------
* * * * *
5635. Shareholder Approval
This Rule sets forth the circumstances under which shareholder
approval is required prior to an issuance of securities in connection
with: (i) the acquisition of the stock or assets of another company;
(ii) equity-based compensation of officers, directors, employees or
consultants; (iii) a change of control; and (iv) private placements.
General provisions relating to shareholder approval are set forth in
Rule 5635(e), and the financial viability exception to the shareholder
approval requirement is set forth in Rule 5635(f). Nasdaq-listed
Companies and their representatives are encouraged to use the
interpretative letter process described in Rule 5602.
(a)-(d) No change.
(e) Definitions and Computations Relating to the Shareholder
Approval Requirements
(1)-(3) No change.
(4) Where shareholder approval is required, the minimum vote that
will constitute shareholder approval shall be a majority of the total
votes cast on the proposal.[.] These votes may be cast in person, by
proxy at a meeting of Shareholders or by written consent in lieu of a
special meeting to the extent permitted by applicable state and federal
law and rules (including interpretations thereof), including, without
limitation, Regulations 14A and 14C under the Act. Nothing contained in
this Rule 5635(e)(4)[(5)] shall affect a
[[Page 57906]]
Company's obligation to hold an annual meeting of Shareholders as
required by Rule 5620(a).
(5) No change.
(f) No change.
* * * * *
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, Nasdaq included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. Nasdaq has prepared summaries, set forth in Sections A,
B, and C below, of the most significant aspects of such statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
Nasdaq is proposing to correct a typographical error and to update
a rule reference found in Rule 5635(e)(4). Specifically, Nasdaq
proposes to delete an extraneous period in that rule and to correct a
reference to that paragraph, which currently incorrectly identifies it
as paragraph (5).
2. Statutory Basis
Nasdaq believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\5\ in general and with Sections
6(b)(5) of the Act,\6\ 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
consistent with these provisions in that it will eliminate confusion
about Nasdaq rules by updating an inaccurate cross-reference, without
changing the substance of the rules.
---------------------------------------------------------------------------
\5\ 15 U.S.C. 78f.
\6\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
B. Self-Regulatory Organization's Statement on Burden on Competition
Nasdaq does not believe that the proposed rule change will result
in any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act, as amended. The proposed rule
change will have no impact on competition as it merely eliminates
potential confusion by clarifying the existing rule without changing
its substance.
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) of the Act \7\ and Rule 19b-4(f)(6) \8\ thereunder because
the proposal does not: (i) Significantly affect the protection of
investors or the public interest; (ii) impose any significant burden on
competition; and (iii) by its terms, become operative for 30 days from
the date on which it was filed, or such shorter time as the Commission
may designate if consistent with the protection of investors and the
public interest.\9\
---------------------------------------------------------------------------
\7\ 15 U.S.C. 78s(b)(3)(A).
\8\ 17 CFR 240.19b-4(f)(6).
\9\ In addition, Rule 19b-4(f)(6)(iii) requires the Exchange to
give the Commission written notice of the Exchange's intent to file
the proposed rule change, along with a brief description and text of
the proposed rule change, at least five business days prior to the
date of filing of the proposed rule change, or such shorter time as
designated by the Commission. The Exchange has satisfied this
requirement.
---------------------------------------------------------------------------
A proposed rule change filed under Rule 19b-4(f)(6) normally may
not become operative prior to 30 days after the date of filing.
However, Rule 19b-4(f)(6)(iii) \10\ permits the Commission to designate
a shorter time if such action is consistent with the protection of
investors and the public interest. The Exchange has requested that the
Commission waive the 30-day operative delay period. The Commission
believes that waiver of the 30-day operative delay period is consistent
with the protection of investors and the public interest. Specifically,
the Commission believes that the proposal would eliminate confusion in
the Exchange's rules and provide clarification to the public. For these
reasons, the Commission believes that waiving the 30-day operative
delay is consistent with the protection of investors and the public
interest, and designates the proposed rule change to be operative upon
filing with the Commission.\11\
---------------------------------------------------------------------------
\10\ 17 CFR 240.19b-4(f)(6)(iii).
\11\ For purposes only of waiving the operative delay for this
proposal, 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 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.\12\
---------------------------------------------------------------------------
\12\ 15 U.S.C. 78s(b)(3)(C).
---------------------------------------------------------------------------
IV. Solicitation of Comments
Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:
Electronic Comments
Use the Commission's Internet comment form (https://www.sec.gov/rules/sro.shtml); or
Send an email to rule-comments@sec.gov. Please include
File Number SR-NASDAQ-2013-118 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-2013-118. 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, 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
[[Page 57907]]
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-2013-118 and should
be submitted on or before October 11, 2013.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
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\13\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-22884 Filed 9-19-13; 8:45 am]
BILLING CODE 8011-01-P