67788 Federal Register / Vol. 75, No. 212 / Wednesday, November 3, 2010 / Notices 

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

2 17 CFR 240.19b–4. 

3Changes are marked to the rule text that appears 

in the electronic manual of Nasdaq found at 

http://nasdaqomx.cchwallstreet.com. 

City, Texas. ADAMS Accession No. 

ML092931600. 

STP Nuclear Operating Company (STPNOC). 

2010a. Letter from M. McBurnett, 

STPNOC, to NRC, dated March 23, 2010, 

‘‘Request for Exemption to Authorize 

Installation of Crane Foundation 

Retaining Walls.’’ ADAMS Accession No. 

ML100880055. 

STP Nuclear Operating Company (STPNOC). 

2010b. Letter from Scott Head, STPNOC, 

to NRC, dated July 21, 2010, ‘‘Revised 

Request for Exemption to Authorize 

Installation of Crane Foundation 

Retaining Walls.’’ ADAMS Accession No. 

ML102070274. 

U.S. Nuclear Regulatory Commission (NRC). 

2000. Environmental Standard Review 

Plan—Review Plans for Environmental 

Reviews for Nuclear Power Plants. 

NUREG–1555, Washington, DC Includes 

2007 updates. 

U.S. Nuclear Regulatory Commission (NRC). 

2010a. Letter from M. Johnson, NRC, to 

M. McBurnett, STPNOC, dated January 

8, 2010, ‘‘South Texas Project Nuclear 

Power Plant Units 3 and 4 Request for a 

Limited Work Authorization for 

Installation of Crane Foundation 

Retaining Walls.’’ ADAMS Accession No. 

ML093350744. 

U.S. Nuclear Regulatory Commission (NRC). 

2010b. Letter from R. Whited, NRC, to M. 

Wolfe, Texas Historical Commission, 

dated March 19, 2010, ‘‘Section 106 

Consultation and Notification of the 

Issuance of the Draft Environmental 

Impact Statement for the South Texas 

Projects, Units 3 and 4, Combined 

License Application Review. ADAMS 

Accession No. ML100490740. 

U.S. Nuclear Regulatory Commission (NRC). 

2010c. Draft Environmental Impact 

Statement for Combined Licenses (COLs) 

for South Texas Project Electric 

Generating Station, Units 3 and 4. 

NUREG–1937, Vol. 1 and 2, Washington, 

DC Accession No. ML100700576. 

[FR Doc. 2010–27764 Filed 11–2–10; 8:45 am] 

BILLING CODE 7590–01–P 

PEACE CORPS 

Proposed Collection Renewal 

ACTION: 60-Day notice and request for 

comments. 

SUMMARY: The Peace Corps will be 

submitting the following information 

collection request to the Office of 

Management and Budget (OMB) for 

extension, without change, of a 

currently approved information 

collection. In compliance with the 

Paperwork Reduction Act of 1995 (44 

USC Chapter 35), the Peace Corps 

invites the general public to comment 

on the renewal, without change to the 

Peace Corps Career Information 

Consultation (CIC) Waiver Form (OMB 

Control No. 0420–0531). This process is 

conducted in accordance with 5 CFR 

1320.10. 

DATES: Comments must be submitted on 

or before January 3, 2011. 

ADDRESSES: Comments should be 

addressed to Denora Miller, FOIA 

Officer, Peace Corps, 1111 20th Street, 

NW., Washington, DC 20526. Denora 

Miller can be contacted by telephone at 

202–692–1236 or e-mail at 

pcfr@peacecorps.gov. E-mail comments 

must be made in text and not in 

attachments. 

FOR FURTHER INFORMATION CONTACT: 

Denora Miller, at Peace Corps address 

above. 

SUPPLEMENTARY INFORMATION: Proposal 

to renew a currently approved 

collection of information: 

OMB Control Number: 0420–0531. 

Title: Career Information Consultation 

(CIC) Waiver Form. 

Type of Review: Regular—extension, 

without change, currently approved 

collection. 

Respondents: Returned Peace Corps 

Volunteers and professionals in specific 

career fields. 

Respondents Obligation to Reply: 

Voluntary. 

Burden to the Public: 

a. Total annual reporting burden: 208 

hours. 

b. Estimated average burden response: 5 

minutes. 

c. Frequency of response: Annually. 

d. Estimated number of likely 

respondents: 2,500. 

General description of collection: 

Returned Volunteer Services needs this 

information to update contact 

information for individuals who 

volunteer to share information about 

their career field, their past or current 

employer(s), and their career and 

educational paths with current and 

returned Peace Corps Volunteers. These 

individuals voluntarily provide this 

information in assisting with 

employment re-entry for Returned Peace 

Corps Volunteers. This is a service 

outreach part of transitioning from the 

Peace Corps to the business world. The 

individuals who provide the 

information are offering to assist, 

mentor or network for jobs. 

Request for Comment: Peace Corps 

invites comments on whether the 

proposed collection of information is 

necessary for proper performance of the 

functions of the Peace Corps, including 

whether the information will have 

practical use; the accuracy of the 

agency’s estimate of the burden of the 

proposed collection of information, 

including the validity of the information 

to be collected; and, ways to minimize 

the burden of the collection of 

information on those who are to 

respond, including through the use of 

automated collection techniques, when 

appropriate, and other forms of 

information technology. 

This notice is issued in Washington, DC, 

on October 28, 2010. 

Garry W. Stanberry, 

Deputy Associate Director for Management. 

[FR Doc. 2010–27752 Filed 11–2–10; 8:45 am] 

BILLING CODE 6051–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–63207; File No. SR– 

NASDAQ–2010–134] 

Self-Regulatory Organizations; The 

NASDAQ Stock Market LLC; Notice of 

Filing of Proposed Rule Change To 

Adopt Additional Criteria for Listing 

Commodity Stockpiling Companies 

That Have Indicated That Their 

Business Plan is To Buy and Hold 

Commodities 

October 28, 2010. 

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

Securities Exchange Act of 1934 

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

notice is hereby given that on October 

15, 2010, 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 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 the Substance 

of the Proposed Rule Change 

Nasdaq proposes to adopt additional 

criteria for listing companies that have 

indicated that their business plan is to 

buy and hold commodities and to 

provide transparency to the criteria 

Nasdaq will apply in doing so. 

The text of the proposed rule change 

is below. Proposed new language is in 

italic; proposed deletions are in 

brackets.3

5101. Preamble to the Rule 5100 Series. 

No change. 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 212 / Wednesday, November 3, 2010 / Notices 67789 

IM–5101–1. Use of Discretionary 

Authority 

No change. 

IM–5101–2. Listing of Companies 

Whose Business Plan is to Complete 

One or More Acquisitions 

No change. 

IM–5101–3. Listing of Companies 

Whose Business Plan is to Purchase and 

Stockpile Raw Materials or Other 

Commodities 

In the case of a Company whose 

business plan is to complete an initial 

public offering and use the proceeds to 

purchase and stockpile quantities of a 

raw material or other commodity 

(‘‘commodity stockpiling companies’’ or 

‘‘CSCs’’), Nasdaq will permit the listing 

if the Company meets all applicable 

initial listing requirements, as well as 

the conditions described below. 

(a) Within 18 months of the 

effectiveness of its IPO registration 

statement, or such shorter period that 

the company specifies in its registration 

statement, the Company must invest at 

least 85% of the net proceeds of the 

initial public offering in the raw 

material or other commodity identified 

in the registration statement, or return 

the unused amount pro-rata to its 

shareholders. The unused amount will 

be calculated based upon the sum of: a) 

monies spent by the CSC on acquiring 

the raw material or other commodity 

during the 18 month period; and b) 

monies contracted to be spent by the 

CSC on acquiring the raw material or 

other commodity over the ensuing 12 

months. 

(b) The Company must publish, or 

facilitate access to, at no cost and in an 

easily accessible manner, regular 

pricing information regarding the raw 

material or other commodity from a 

reliable, independent source, at least as 

frequently as current industry practice 

for the pricing of such raw material or 

other commodity, and no less frequently 

than twice per week. 

(d) The Company must publish its Net 

Market Value (‘‘NMV’’) on a daily basis, 

or where pricing information for the raw 

material or other commodity is not 

available on a daily basis, no less 

frequently than twice per week. NMV is 

determined by multiplying the volume 

of the raw material or other commodity 

held in inventory by the last spot price 

published or otherwise relied upon by 

the Company, plus cash and other 

assets, less any liabilities. In addition, if 

the spot price of the raw material or 

other commodity fluctuates by more 

than 5%, the Company shall publish its 

NMV within one business day of such 

fluctuation. 

(c) The Company must publish the 

quantity of the raw material or other 

commodity held in inventory, the 

average price paid and the Company’s 

NMV within two business days of any 

change in inventory held. Where the 

Company contracts to purchase or sell 

a material quantity of the raw material 

or other commodity, such information 

must be disclosed in a Form 8–K filing 

within four business days. 

(e) The Company must employ the 

services of one or more independent 

third-party storage facilities, to 

safeguard the physical holdings of the 

raw material or other commodity that 

the Company acquires. Such facility 

should provide services consistent with 

those provided by custodians and these 

must include: storage and safeguarding; 

insurance; transfer of the raw material 

or other commodity in and out of the 

facility; visual inspections, spot checks 

and assays; confirmation of deliveries to 

supplier packing lists; and reporting of 

transfers and of inventory to the CSC 

and its auditors. Review of the thirdparty storage facility, including all 

lending, sales and delivery 

arrangements, must be overseen by a 

committee of Independent Directors. 

(f) In addition to meeting the 

requirements in the Rule 5600 Series, 

the Company must create a committee 

comprised solely of Independent 

Directors who shall consider, at least 

quarterly, whether the Company’s 

purchasing activities have had a 

measurable impact on the market price 

of the raw material or other commodity 

and shall report such determinations 

and make subsequent recommendations 

to the Board of Directors. The 

independent directors may rely upon, 

and shall have the authority to engage 

and pay, an industry expert in 

conducting this review. Should the 

Board of Directors disagree with, or not 

accept, the recommendations of this 

committee, the Company will be 

required to file a Form 8–K with the SEC 

outlining the relevant events, committee 

of independent directors’ 

determinations and recommendations, 

and rationale for the Board’s 

determination. 

* * * * * 

IM–5605–3. Audit Committee Charter 

Each Company is required to adopt a 

formal written charter that specifies the 

scope of its responsibilities and the 

means by which it carries out those 

responsibilities; the outside auditor’s 

accountability to the audit committee; 

and the audit committee’s responsibility 

to ensure the independence of the 

outside auditor. Consistent with this, 

the charter must specify all audit 

committee responsibilities set forth in 

Rule 10A–3(b)(2), (3), (4) and (5) under 

the Act. Rule 10A–3(b)(3)(ii) under the 

Act requires that each audit committee 

must establish procedures for the 

confidential, anonymous submission by 

employees of the listed Company of 

concerns regarding questionable 

accounting or auditing matters. The 

rights and responsibilities as articulated 

in the audit committee charter empower 

the audit committee and enhance its 

effectiveness in carrying out its 

responsibilities. 

Rule 5605(c)(3) imposes additional 

requirements for investment company 

and commodity stockpiling company 

audit committees that must also be set 

forth in audit committee charters for 

these Companies. 

5605(c)(2) Audit Committee 

Composition 

(A) No change. 

5605(c)(2)(B) Non-Independent Director 

for Exceptional and Limited 

Circumstances 

No change. 

IM–5605–4. Audit Committee 

Composition 

No change. 

5605(c)(3) Audit Committee 

Responsibilities and Authority 

The audit committee must have the 

specific audit committee responsibilities 

and authority necessary to comply with 

Rule 10A–3(b)(2), (3), (4) and (5) under 

the Act (subject to the exemptions 

provided in Rule 10A–3(c) under the 

Act), concerning responsibilities 

relating to: (i) Registered public 

accounting firms, (ii) complaints 

relating to accounting, internal 

accounting controls or auditing matters, 

(iii) authority to engage advisors, and 

(iv) funding as determined by the audit 

committee. Audit committees for 

investment companies must also 

establish procedures for the 

confidential, anonymous submission of 

concerns regarding questionable 

accounting or auditing matters by 

employees of the investment adviser, 

administrator, principal underwriter, or 

any other provider of accounting related 

services for the investment company, as 

well as employees of the investment 

company. Audit committees for 

commodity stockpiling companies must 

also establish procedures for the 

identification and management of 

potential conflicts of interest, and must 

review and approve any transactions 

where such potential conflicts have 

been identified. This should include any 

material amendment to the 


jlentini on DSKJ8SOYB1PROD with NOTICES
67790 Federal Register / Vol. 75, No. 212 / Wednesday, November 3, 2010 / Notices 

4Rules 5405(b)(3)(A) and 5505(b)(2)(A). Note that 

given the nature of these companies, they will not 

satisfy the alternative initial listing requirements 

because of the income and operating history 

requirements of those standards. 

5These criteria were in places derived from 

protections Nasdaq has built into the rules relating 

to Special Purpose Acquisition Companies. 

6NMV differs from Net Asset Value (‘‘NAV’’) as 

NMV reflects the market price of indium, whereas 

NAV reflects the lower of cost or market price. 

management agreement, including any 

change with respect to the 

compensation of the manager. 

IM–5605–5. The Audit Committee 

Responsibilities and Authority 

Audit committees must have the 

specific audit committee responsibilities 

and authority necessary to comply with 

Rule 10A–3(b)(2), (3), (4) and (5) under 

the Act (subject to the exemptions 

provided in Rule 10A–3(c) under the 

Act), concerning responsibilities 

relating to registered public accounting 

firms; complaints relating to accounting; 

internal accounting controls or auditing 

matters; authority to engage advisors; 

and funding. Audit committees for 

investment companies must also 

establish procedures for the 

confidential, anonymous submission of 

concerns regarding questionable 

accounting or auditing matters by 

employees of the investment adviser, 

administrator, principal underwriter, or 

any other provider of accounting related 

services for the investment company, as 

well as employees of the investment 

company. Audit committees for 

commodity stockpiling companies must 

also establish procedures for the 

identification and management of 

potential conflicts of interest, and must 

review and approve any transactions 

where such potential conflicts have 

been identified. This should include any 

material amendment to the 

management agreement, including any 

change with respect to the 

compensation of the manager. 

* * * * * 

(b) Not applicable [sic]. 

(c) Not applicable [sic]. 

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, 

Nasdaq included statements concerning 

the purpose of and basis for the 

proposed rule change and discussed any 

comments it received on the proposed 

rule change. The text of these statements 

may be examined at the places specified 

in Item IV below. Nasdaq has prepared 

summaries, set forth in Sections A, B, 

and C below, of the most significant 

aspects of such statements. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

Nasdaq wants to list companies 

whose business plan is to complete an 

initial public offering and use the 

proceeds to purchase and stockpile 

quantities of a specified commodity. As 

a result, Nasdaq proposes to adopt IM– 

5101–3, which will set forth criteria 

designed to afford investors in CSCs 

additional protection. 

As a threshold matter, a CSC will be 

required to meet all applicable initial 

listing requirements. Thus, for initial 

listing, companies seeking to list on the 

Nasdaq Global Market must have a 

minimum market value of listed 

securities of $75 million and companies 

seeking to list on the Nasdaq Capital 

Market must have a minimum market 

value of listed securities of $50 million.4

However, due to their special 

characteristics, including: 

• There might not be an underlying 

futures market in the particular raw 

material or other commodity to be 

stockpiled; 

• It may be impractical to appoint a 

custodian for certain types of raw 

material or commodity; and 

• Their structure as corporations, not 

exchange traded funds. 

Nasdaq believes that a separate set of 

listing standards is appropriate and will 

impose the following additional criteria 

for listing a CSC: 5

(a) The CSC must represent that 

unless at least 85% of the net proceeds 

of the offering are used to acquire the 

raw material or other commodity within 

18 months of the effectiveness of the 

registration statement, it will return the 

unused amount to its common 

stockholders. The unused amount will 

be calculated based upon the sum of: (a) 

Monies spent by the CSC on acquiring 

the raw material or other commodity 

during the 18 month period; and (b) 

monies contracted to be spent by the 

CSC on acquiring the raw material or 

other commodity over the ensuing 12 

months. 

(b) The CSC shall publish, or 

otherwise facilitate access to (at no-cost 

in an easily accessible manner), regular 

pricing information in the raw material 

or other commodity from a reliable, 

independent source at least as 

frequently as current industry practice 

for pricing of such raw material or other 

commodity, and no less frequently than 

twice per week. 

(c) The CSC shall publish its Net 

Market Value (‘‘NMV’’) 6 on a daily basis, 

or where pricing information for the raw 

material or other commodity is not 

available on a daily basis, no less 

frequently than twice per week. NMV is 

determined by multiplying the volume 

of the raw material or other commodity 

held in inventory by the last spot price 

published, plus cash and other assets, 

less any liabilities. In the event that the 

spot price of the raw material or other 

commodity fluctuates by more than 5%, 

the CSC shall publish its revised NMV 

within one business day of such 

fluctuation. 

(d) The CSC shall publish information 

concerning the quantity of the raw 

material or other commodity that it 

holds in inventory no later than two 

business days after taking delivery of or 

removing such raw material or other 

commodity from its warehouse. 

(e) The CSC must retain independent 

third-party storage facilities that provide 

services consistent with those provided 

by custodians. These services must 

include: 

a. Storage and safeguarding; 

b. Insurance; 

c. Transfer of the raw material or 

other commodity in and out of the 

facility; 

d. Visual inspections, spot checks and 

assays; 

e. Confirmation of deliveries to 

supplier packing lists; 

f. Reporting of transfers and of 

inventory to the CSC and its auditors. 

Review of the third-party storage 

facility, including all lending, sales and 

delivery arrangements, must be 

overseen by a committee of independent 

directors. 

(f) The CSC shall create a committee 

comprised solely of independent 

directors, which shall consider not less 

than quarterly, whether the CSC’s 

purchasing activities have had a 

measurable impact on the price of the 

raw material or other commodity and 

shall report such determinations and 

make subsequent recommendations to 

the Board of Directors. The independent 

directors may rely upon, and shall have 

the authority to engage and pay, an 

independent industry expert in 

conducting this review. Should the 

Board of Directors disagree with, or not 

accept, the recommendations of this 

committee, the Company will be 

required to file a Form 8–K with the 

SEC outlining the relevant events, 

committee of independent directors’ 

determinations and recommendations, 

and rationale for the Board’s 

determination. 

(g) The Audit Committee charter shall 

include the responsibility to establish 

procedures for the identification and 

management of potential conflicts of 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 212 / Wednesday, November 3, 2010 / Notices 67791 

7 15 U.S.C. 78f. 

8 15 U.S.C. 78f(b)(5). 

9 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

interest where such conflicts might act 

to the detriment of investors, and to 

review and approve any transactions 

where such conflicts have been 

identified. This should include any 

material amendment to the management 

agreement, including any change with 

respect to the compensation of the 

manager. 

Nasdaq believes that these additional 

requirements will help protect investors 

by ensuring that CSCs remain 

committed to their described investment 

objectives and strategy; that adequate 

information will be available to 

investors on an ongoing basis regarding 

the value of their underlying 

investment; and that additional 

safeguards will exist in the form of 

independence and oversight of certain 

activities. 

2. Statutory Basis 

Nasdaq believes that the proposed 

rule change is consistent with the 

provisions of Section 6 of the Act,7 in 

general and with Sections 6(b)(5) of the 

Act,8 in particular. Section 6(b)(5) 

requires, among other things, that a 

registered national securities exchange’s 

rules must be designed to prevent 

fraudulent and manipulative acts and 

practices, to promote just and equitable 

principles of trade, and, in general, to 

protect investors and the public interest. 

The proposed rule change is consistent 

with these requirements in that it 

imposes additional requirements on 

CSCs, which are designed to protect 

investors and the public interest and 

prevent fraudulent and manipulative 

acts and practices on the part of the CSC 

and their promoters. 

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 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 Exchange consents, 

the Commission shall: 

(a) By order approve or disapprove 

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–2010–134 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–2010–134. 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 the 

Exchange. All comments received will 

be posted without change; the 

Commission does not edit personal 

identifying information from 

submissions. You should submit only 

information that you wish to make 

available publicly. All submissions 

should refer to File Number SR– 

NASDAQ–2010–134 and should be 

submitted on or before November 24, 

2010. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.9

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–27722 Filed 11–2–10; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–63197; File No. SR– 

NASDAQ–2010–136] 

Self-Regulatory Organizations; Notice 

of Filing and Immediate Effectiveness 

of Proposed Rule Change by NASDAQ 

Stock Market, LLC Relating to Access 

Service Fees 

October 27, 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 October 

20, 2010, The NASDAQ Stock Market 

LLC (‘‘NASDAQ’’ or ‘‘Exchange’’) filed 

with the Securities and Exchange 

Commission (‘‘SEC’’ or ‘‘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 Substance of 

the Proposed Rule Change 

The Exchange proposes to modify 

Exchange Rule 7015, related to fees 

governing pricing for NASDAQ 

members using The NASDAQ Stock 

Market LLC and the NASDAQ Options 

Market (‘‘NOM’’), NASDAQ’s facility for 

executing and routing standardized 

equity and index options, to apply only 

to The NASDAQ Stock Market LLC. The 

Exchange also proposes to create a new 

Rule 7053 which would include Access 

Services applicable only to NOM. 

The text of the proposed rule change 

is set forth below. Proposed new text is 

in italics and deleted text is in 

[brackets]. 

* * * * * 


jlentini on DSKJ8SOYB1PROD with NOTICES