
[Federal Register: June 24, 2010 (Volume 75, Number 121)]
[Notices]               
[Page 36128-36130]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24jn10-84]                         

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62314; File No. SR-NASDAQ-2010-072]

 
 Self-Regulatory Organizations; Notice of Filing and Immediate 
Effectiveness of a Proposed Rule Change by The NASDAQ Stock Market LLC 
To Clarify the Applicable Time Period of Trading Pauses on Trading Days 
With an Early Scheduled Close

June 17, 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 June 14, 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 and 
II below, which Items have been prepared by the Exchange. The Exchange 
has designated the proposed rule change as constituting a non-
controversial rule change 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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of the 
Substance of the Proposed Rule Change

    The Exchange is filing with the Commission a proposed rule change 
to clarify the applicable time period of trading pauses on trading days 
with an early scheduled close.
    The text of the proposed rule change is below. Proposed new 
language is underlined and proposed deletions are in brackets.\4\
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    \4\ Changes are marked to the rule text that appears in the 
electronic manual of NASDAQ found at http://
nasdaqomx.cchwallstreet.com.
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* * * * *

4120. Trading Halts

(a) Authority To Initiate Trading Halts or Pauses
    In circumstances in which Nasdaq deems it necessary to protect 
investors and the public interest, Nasdaq, pursuant to the procedures 
set forth in paragraph (c):
    (1)-(10) No Change.
    (11) shall, between 9:45 a.m. and 3:35 p.m., or in the case of an 
early scheduled close, 25 minutes before the close of trading, 
immediately pause

[[Page 36129]]

trading for 5 minutes in any Nasdaq-listed security when the price of 
such security moves 10 percent or more within a 5-minute period. At the 
end of the trading pause, Nasdaq will re-open the security using the 
Halt Cross process set forth in Nasdaq Rule 4753. In the event of a 
significant imbalance at the end of a trading pause, Nasdaq may delay 
the re-opening of a security.
    Nasdaq will issue a notification if it cannot resume trading for a 
reason other than a significant imbalance.
    Price moves under this paragraph will be calculated by changes in 
each consolidated last-sale price disseminated by a network processor 
over a five minute rolling period measured continuously. Only regular 
way in-sequence transactions qualify for use in calculations of price 
moves. Nasdaq can exclude a transaction price from use if it concludes 
that the transaction price resulted from an erroneous trade.
    If a trading pause is triggered under this paragraph, Nasdaq shall 
immediately notify the single plan processor responsible for 
consolidation of information for the security pursuant to Rule 603 of 
Regulation NMS under the Securities Exchange Act of 1934.
    If a primary listing market issues an individual stock trading 
pause, Nasdaq will pause trading in that security until trading has 
resumed on the primary listing market or notice has been received from 
the primary listing market that trading may resume. If the primary 
listing market does not reopen within 10 minutes of notification of a 
trading pause, Nasdaq may resume trading the security.
    The provisions of this paragraph shall only apply to securities in 
the Standard & Poor's 500 Index.
    The provisions of this paragraph shall be in effect during a pilot 
set to end on December 10, 2010.
    (b)-(c) No Change.
* * * * *
    (b) Not applicable.
    (c) Not applicable.

II. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements 
concerning the purpose of and basis for the proposed rule change and 
discussed any comments it received on the proposed rule change. The 
text of these statements may be examined at the places specified in 
Item IV below. The Exchange has prepared summaries, set 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 proposes to clarify the applicable time period of trading 
pauses on trading days with an early scheduled close. Under the 
proposal, trading pauses on days with an early scheduled close would be 
initiated no later than 25 minutes before that close. On trading days 
with an early scheduled close, the proposal will ensure a minimum 
pause-free time period before the close exactly the same as that 
applicable on trading days with a regular 4 p.m. close.
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 the proposal 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 Exchange 
believes that the proposed rule meets these requirements in that it 
promotes uniformity regarding pause periods on all trading days.
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    \5\ 15 U.S.C. 78f.
    \6\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
result in any burden on competition that is not necessary or 
appropriate in furtherance of the purposes of the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    Written comments on the proposed rule change were neither solicited 
nor received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    Because the foregoing proposed rule change does not: (i) 
Significantly affect the protection of investors or the public 
interest; (ii) impose any significant burden on competition; and (iii) 
become operative for 30 days from the date on which it was filed, or 
such shorter time as the Commission may designate, it has become 
effective pursuant to Section 19(b)(3)(A) of the Act \7\ and Rule 19b-
4(f)(6) thereunder.\8\ The Exchange has asked the Commission to waive 
the 30-day operative delay so that the proposal may become operative 
upon filing. The Commission notes that the proposed rule change 
clarifies how the Exchange handles Trading Pauses in the case of an 
early scheduled closing of the Exchange which is the same way the other 
listing markets will handle Trading Pauses during an early scheduled 
closing, and how indications will be published during all Trading 
Pauses. The proposed rule change does not raise any new substantive 
issues. For these reasons, the Commission believes that the waiver of 
the 30-day operative delay is consistent with the protection of 
investors and the public interest.\9\
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    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(6).
    \9\ For purposes only of waiving the 30-day operative delay of 
this proposal, the Commission has considered the proposed rule's 
impact on efficiency, competition and capital formation. 15 U.S.C. 
78c(f).
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    At any time within 60 days of the filing of the proposed rule 
change, the Commission may summarily abrogate 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 (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to rule-comments@sec.gov. Please include 
File Number SR-NASDAQ-2010-072 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.


[[Page 36130]]


All submissions should refer to File Number SR-NASDAQ-2010-072. 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 on official business days between 
the hours of 10 a.m. and 3 p.m. Copies of such filing also will be 
available for inspection and copying at the principal office of NASDAQ. 
All comments received will be posted without change; the Commission 
does not edit personal identifying information from submissions. You 
should submit only information that you wish to make available 
publicly.
    All submissions should refer to File Number SR-NASDAQ-2010-072 and 
should be submitted on or before July 15, 2010.

    For the Commission, by the Division of Trading & Markets, 
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-15247 Filed 6-23-10; 8:45 am]
BILLING CODE 8010-01-P

