Self-Regulatory Organizations; Proposed Rule Changes: The NASDAQ Stock Market LLC

Federal Register: July 21, 2008 (Volume 73, Number 140)

Notices

Page 42397-42399

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr21jy08-104

SECURITIES AND EXCHANGE COMMISSION

Release No. 34-58152; File No. SR-NASDAQ-2008-059

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;

Notice of Filing and Immediate Effectiveness of a Proposed Rule Change

To Modify Fees for Members Using the NASDAQ Options Market

July 14, 2008.

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 July 1, 2008, 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 substantially by Nasdaq.

Pursuant to Section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2)

\4\ thereunder, Nasdaq has designated this proposal as establishing or changing a due, fee, or other charge, which renders the proposed rule change effective upon filing. 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\ 15 U.S.C. 78s(b)(3)(A)(ii).

\4\ 17 CFR 240.19b-4(f)(2).

  1. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change

Nasdaq proposes to modify Rule 7050 governing pricing for Nasdaq members using the NASDAQ Options Market (``NOM''), Nasdaq's facility for executing and routing standardized equity and index options. Nasdaq will implement the proposed rule change on July 1, 2008.

The text of the proposed rule change is below. Proposed new language is italicized; proposed deletions are in brackets.\5\

\5\ Changes are marked to the rule text that appears in the electronic Nasdaq Manual found at http://nasdaq.complinet.com.

* * * * * 7050. NASDAQ Options Market

The following charges shall apply to the use of the order execution and routing services of the NASDAQ Options Market by members for all securities.

(1)-(3) No Change.

(4) Fees for executions of contracts other than those executed on the

Page 42398

NASDAQ Options Market shall include execution and clearing fees charged to NASDAQ for executing on away markets, as follows:

Customer

Firm

MM

AMEX

$0.06

$0.63

$0.66

BOX

Penny Pilot.....................................................

0.51

0.51

0.51

Non-Penny Pilot.................................................

0.06

0.26

0.26

BKX.............................................................

0.06

0.41

0.41

NDX.............................................................

0.06

0.42

0.42

MNX.............................................................

0.06

0.42

0.42

CBOE

Equity Options..................................................

0.06

0.51

0.51

QQQQ............................................................

0.06

0.31

0.31

SPY.............................................................

0.24

0.51

0.51

OEX, XEO........................................................

0.42

0.42

0.42

SPX >= $1.......................................................

0.56

0.52

0.52

SPX 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-2008-059 on the subject line.

Paper Comments

Send paper comments in triplicate to Secretary, Securities and Exchange Commission, Station Place, 100 F Street, NE., Washington,

DC 20549-1090.

All submissions should refer to File Number SR-NASDAQ-2008-059. 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 inspection and copying 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-2008-059 and should be submitted on or before August 11, 2008.

For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\12\

\12\ 17 CFR 200.30-3(a)(12).

Florence E. Harmon,

Acting Secretary.

FR Doc. E8-16588 Filed 7-18-08; 8:45 am

BILLING CODE 8010-01-P

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