8160 Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Notices 

9 17 CFR 200.30–3(a)(12). 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

3The Commission notes that the ‘‘typographical 

error’’ is more accurately characterized as a drafting 

error by Nasdaq that resulted in the omission and 

misplacement of rule language. 

4See SR–NASDAQ–2010–014 (January 26, 2010), 

Securities Exchange Act Release No. 61515 

(February 12, 2010). 

5SR–NASDAQ–2010–014 (January 26, 2010). 

6Securities Exchange Act Release No. 60430 

(August 4, 2009), 74 FR 40279 (August 11, 2009) 

(SR–NASDAQ–2009–072). 

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 proposal is 

consistent with the Act. Comments may 

be submitted by any of the following 

methods: 

Electronic Comments 

Use the Commission’s Internet 

comment form (http://www.sec.gov/ 

rules/sro.shtml); or 

Send an e-mail to rulecomments@sec.gov. Please include File 

No. SR–ISE–2010–12 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 No. 

SR–ISE–2010–12. 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 (http://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 changes between the 

Commission and any person, other than 

those that may be withheld from the 

public in accordance with the 

provisions of 5 U.S.C. 552, will be 

available for Web site viewing and 

printing in the Commission’s Public 

Reference Room, 100 F Street, NE., 

Washington, DC 20549, on official 

business days between the hours of 10 

a.m. and 3 p.m. Copies of such filing 

also will be available for inspection and 

copying at the principal office of ISE. 

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 No. 

SR–ISE–2010–12 and should be 

submitted on or before March 16, 2010. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.9

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–3465 Filed 2–22–10; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–61524; File No. SR– 

NASDAQ–2010–015] 

Self-Regulatory Organizations; The 

NASDAQ Stock Market LLC; Notice of 

Filing of Proposed Rule Change To 

Apply Retroactively a Correction of a 

Typographical Error in Rule 7018 

February 16, 2010. 

Pursuant to Section 19(b)(1) of the 

Securities Exchange Act of 1934 

(‘‘Act’’),1 and Rule 19b–4 thereunder,2

notice is hereby given that on January 

26, 2010, The NASDAQ Stock Market 

LLC (‘‘NASDAQ’’) filed with the 

Securities and Exchange Commission 

(‘‘Commission’’) the proposed rule 

change as described in Items I, II, and 

III below, which Items have been 

prepared by NASDAQ. 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 is filing a proposed rule 

change to apply retroactively to the 

period from July 24, 2009 through 

January 25, 2010 the correction made by 

SR–NASDAQ–2010–014 of a 

typographical error 3 formerly in Rule 

7018.4 There is no proposed rule text. 

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 recently submitted an 

immediately effective filing to correct a 

typographical error in Rule 7018.5 The 

purpose of this filing is [sic] apply the 

correction of the typographical error 

retroactively to the period from July 24, 

2009 through January 25, 2010. 

In SR–NASDAQ–2009–072,6

NASDAQ submitted a proposed rule 

change to make clerical changes 

designed to streamline and simplify 

Rule 7018. As stated in the ‘‘Purpose’’ 

section of NASDAQ’s Form 19b–4 filing, 

‘‘[n]one of the clerical changes will 

modify any fee assessed or credit earned 

for trading on the NASDAQ Market 

Center.’’ However, due to a 

typographical error, Exhibit 5 

introduced inaccuracies into the 

provisions of the rule describing the fees 

for orders in securities listed on the 

New York Stock Exchange (‘‘NYSE’’) that 

are routed to other venues without 

attempting to execute in NASDAQ for 

the full size of the order prior to routing. 

This portion of the fee schedule had 

previously been divided between 

sections governing fees for orders in 

NYSE-listed securities executed at 

NYSE and fees for orders executed at 

other venues. Both sections had 

included catch-all provisions governing 

‘‘other’’ orders that did not fit into more 

defined categories of routed orders; 

these catch-all provisions apply 

specifically to directed orders that are 

not designated as intermarket sweep 

orders (i.e., immediate-or-cancel orders 

that are directed to route to a venue 

specified by the member, and that may 

be executed by the receiving venue only 

if its quotation is at the national best bid 

or offer). In the case of such orders 

routed to NYSE, the fee is either $0.0020 

per share executed, or $0.0019 per share 

executed for members with an average 

daily volume through the Nasdaq 

Market Center in all securities during 

the month of more than 35 million 

shares of liquidity provided. In the case 

of such orders routed to other venues, 

the fee is $0.0035 per share executed. 

However, language describing the fee for 

routing to other venues was 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Notices 8161 

7The Commission expects all SROs to carefully 

review proposed rule changes before they are filed 

with the Commission. 

8 17 CFR 240.19b–4(f)(1). 

9 17 CFR 240.19b–4(f)(2). 

10See http://www.sec.gov/rules/sro/nasdaq/2009/ 

34-60430.pdf. 

11See Securities Exchange Act Release No. 60430 

(August 4, 2009), 74 FR 40279 (August 11, 2009) 

(SR–NASDAQ–2009–072). 

12See http://www.nasdaqtrader.com/ 

Trader.aspx?id=PriceListTrading2. 

13SR–NASDAQ–2010–014 (January 26, 2010). 

14 15 U.S.C. 78f. 

15 15 U.S.C. 78f(b)(4). 

16 17 CFR 200.30–3(a)(12). 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

inadvertently deleted, while language 

describing the fee for routing to NYSE 

was moved but without language that 

had formerly limited its applicability to 

orders sent to NYSE. Accordingly, a 

reader of the amended rule may 

conclude that the fee of $0.0020 or 

$0.0019 per share executed is applicable 

to ‘‘other’’ orders routed to venues other 

than NYSE. 7

As noted above, however, the filing 

that introduced this error in Rule 7018 

stated that it was not modifying any fees 

or credits, and in fact, was filed as a 

‘‘stated policy, practice, or interpretation 

with respect to the meaning, 

administration, or enforcement of an 

existing rule’’ under SEC Rule 19b– 

4(f)(1) 8 rather than a fee change under 

SEC Rule 19b–4(f)(2).9 Moreover, 

NASDAQ’s intent not to modify fees 

through SR–NASDAQ–2009–072 was 

reflected in the Commission’s notice of 

the filing on the SEC Web site 10 and in 

the Federal Register,11 and the 

applicable fees have been accurately 

described in the pricing schedule that 

appears on NASDAQ’s Web site.12

NASDAQ has been billing members in 

accordance with the correct fees since 

the effective date of SR–NASDAQ– 

2009–072 on July 24, 2009, and 

accordingly believes that all of its 

members are cognizant of the correct 

fee. NASDAQ submitted SR–NASDAQ– 

2010–01413 on an immediately effective 

basis to correct the error and is now 

submitting this filing to seek 

Commission approval to apply the 

correction retroactively to the period 

from July 24, 2009 through January 25, 

2010. 

2. Statutory Basis 

NASDAQ believes that the proposed 

rule change is consistent with the 

provisions of Section 6 of the Act,14 in 

general, and with Section 6(b)(4) of the 

Act,15 in particular, in that it provides 

for the equitable allocation of reasonable 

dues, fees and other charges among 

members and issuers and other persons 

using any facility or system which 

NASDAQ operates or controls. The 

proposed rule change will ensure that a 

recently filed correction of a 

typographical error in NASDAQ Rule 

7018 is applied retroactively throughout 

the entire period when the error was in 

the rule. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

NASDAQ does not believe that the 

proposed rule change will result in any 

burden on competition that is not 

necessary or appropriate in furtherance 

of the purposes of the Act, as amended. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants, or Others 

Written comments were neither 

solicited nor received. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

Within 35 days of the date of 

publication of this notice in the Federal 

Register or within such longer period (i) 

as the Commission may designate up to 

90 days of such date if it finds such 

longer period to be appropriate and 

publishes its reasons for so finding or 

(ii) as to which the self-regulatory 

organization consents, the Commission 

will: 

A. By order approve such proposed 

rule change, or 

B. Institute proceedings to determine 

whether the proposed rule change 

should be disapproved. 

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 (http://www.sec.gov/ 

rules/sro.shtml); or 

• Send an e-mail to rulecomments@sec.gov. Please include File 

Number SR–NASDAQ–2010–015 on the 

subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Elizabeth M. Murphy, Secretary, 

Securities and Exchange Commission, 

100 F Street, NE., Washington, DC 

20549–1090. 

All submissions should refer to File 

Number SR–NASDAQ–2010–015. 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 (http://www.sec.gov/ 

rules/sro.shtml). Copies of the 

submission, all subsequent 

amendments, all written statements 

with respect to the proposed rule 

change that are filed with the 

Commission, and all written 

communications relating to the 

proposed rule change between the 

Commission and any person, other than 

those that may be withheld from the 

public in accordance with the 

provisions of 5 U.S.C. 552, will be 

available for Web site viewing and 

printing in the Commission’s Public 

Reference Room, 100 F Street, NE., 

Washington, DC 20549, on official 

business days between the hours of 10 

a.m. and 3 p.m. Copies of such filing 

also will be available for inspection and 

copying at the principal office of 

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 publicly available. All 

submissions should refer to File 

Number SR–NASDAQ–2010–015 and 

should be submitted on or before March 

16, 2010. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.16

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–3467 Filed 2–22–10; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

Release No. 34–61523; File No. SR–CBOE– 

2010–013] 

Self-Regulatory Organizations; 

Chicago Board Options Exchange, 

Incorporated; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change Relating to the CBSX 

Market Data Infrastructure Fee 

February 16, 2010. 

Pursuant to Section 19(b)(1) of the 

Securities Exchange Act of 1934 

(‘‘Act’’),1 and Rule 19b–4 thereunder,2

notice is hereby given that on February 

2, 2010, the Chicago Board Options 

Exchange, Incorporated (‘‘CBOE’’ or the 

‘‘Exchange’’) filed with the Securities 

and Exchange Commission 

(‘‘Commission’’) the proposed rule 

mstockstill on DSKH9S0YB1PROD with NOTICES