[Federal Register Volume 75, Number 23 (Thursday, February 4, 2010)]
[Notices]
[Pages 5821-5822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-2329]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61416; File No. SR-NASDAQ-2010-010]


Self-Regulatory Organizations; The NASDAQ Stock Market LLC; 
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change 
To Clarify Nasdaq Rule 7023

January 25, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act'') \1\, and Rule 19b-4 \2\ thereunder, notice is hereby given 
that on January 21, 2010, The NASDAQ Stock Market LLC (``Nasdaq'') 
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 Nasdaq. 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.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to clarify Nasdaq Rule 7023 to make clear 
that Historical ModelView information will be available via 
NasdaqTrader.com and that references to the Historical TotalView data 
product will be deleted since it is offered through a technology 
subsidiary of the Exchange rather than the Exchange itself. The text of 
the proposed rule change is available from Nasdaq's Web site at http://nasdaq.cchwallstreet.com, at Nasdaq's principal office, and at the 
Commission's Public Reference Room.
    The text of the proposed rule change is below. Proposed new 
language is italicized; proposed deletions are in brackets.\3\
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    \3\ Changes are marked to the rules of The NASDAQ Stock Market 
LLC found at http://nasdaqomx.cchwallstreet.com.
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* * * * *

7023. NASDAQ TotalView

    (a)-(c) No change.
    (d) Historical ModelView [TotalView] Information [--ModelView] 
Nasdaq will make historical [TotalView information, under the] 
ModelView [entitlement package] information[,] available via 
NasdaqTrader.com. ModelView shall contain historical [TotalView] 
information regarding aggregate displayed and reserve liquidity at 
each price level directly from [in] the Nasdaq Market Center. 
ModelView shall be available for a subscription fee of $2,000 per 
month.
* * * * *

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
    The Exchange proposes to clarify Nasdaq Rule 7023(d) to make clear 
that Historical ModelView information will be available via 
NasdaqTrader.com and will contain historical information regarding 
aggregate displayed and reserve liquidity at each price level directly 
from the Nasdaq Market Center. Additionally, references to the 
Historical TotalView data product will be deleted from Nasdaq Rule 
7023(d) since it is offered through a technology subsidiary of the 
Exchange rather than the Exchange itself. Historical

[[Page 5822]]

TotalView can be created by any vendor that receives the real time data 
feed and, as such, is not exclusively created through the Exchange.
    ModelView is designed to facilitate more efficient trading activity 
in the Nasdaq Market Center in an environment where trading and order-
routing become increasingly automated, and broker-dealers, 
institutional traders and technology providers are constantly seeking 
to improve the quality of information upon which trading and order-
routing decisions are made. The incremental data in ModelView helps 
customers give better visibility into data not previously available.
    Specifically, ModelView provides the aggregate amount of both 
displayed and reserve size liquidity in the Nasdaq Market Center at 
each price level. With this information, developers of automated 
trading and order-routing models improve their Nasdaq trading 
efficiency, and the providers of liquidity to the Nasdaq Market Center 
find greater fill rates and execution quality. ModelView protects the 
anonymity of the trading strategies of Nasdaq Market Center 
participants while improving the execution quality of their orders. 
Also, ModelView does not contain explicit or implicit information 
regarding the identity of market participants trading in Nasdaq at the 
relevant time.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act \4\ in general, and furthers the objectives of Section 
6(b)(5) of the Act \5\ in particular, in that it is designed to promote 
just and equitable principles of trade, 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 change is designed to clarify the applicability of 
Nasdaq's rules.
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    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(5).
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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.

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 Exchange believes that the foregoing proposed rule change may 
take effect upon filing with the Commission pursuant to Section 
19(b)(3)(A) \6\ of the Act and Rule 19b-4(f)(6)(iii) thereunder \7\ 
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 if consistent with the protection of 
investors and the public interest. In addition, at least five days 
prior to the instant filing, the Exchange provided the Commission 
written notice of its intent to file the proposed rule change, along 
with a brief description and text of the proposed rule change.
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    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 240.19b-4(f)(6)(iii).
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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.
    The Exchange believes that this proposal qualifies for immediate 
effectiveness as a ``non-controversial'' rule change under paragraph 
(f)(6) of Rule 19b-4.\8\
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    \8\ 17 CFR 240.19b-4(f)(6).
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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 [email protected]. Please include 
File Number SR-NASDAQ-2010-010 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-2010-010. 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. Copies of the 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-2010-010 and 
should be submitted on or before February 25, 2010.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\9\
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    \9\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-2329 Filed 2-3-10; 8:45 am]
BILLING CODE 8011-01-P