80_FR_42272 80 FR 42136 - Self-Regulatory Organizations; Boston Stock Exchange Clearing Corporation; NASDAQ OMX BX, Inc.; The NASDAQ Stock Market LLC; NASDAQ OMX PHLX LLC; Stock Clearing Corporation of Philadelphia; Order Approving Proposed Rule Changes To Amend the Amended and Restated Certificate of Incorporation and By-Laws of The NASDAQ OMX Group, Inc.

80 FR 42136 - Self-Regulatory Organizations; Boston Stock Exchange Clearing Corporation; NASDAQ OMX BX, Inc.; The NASDAQ Stock Market LLC; NASDAQ OMX PHLX LLC; Stock Clearing Corporation of Philadelphia; Order Approving Proposed Rule Changes To Amend the Amended and Restated Certificate of Incorporation and By-Laws of The NASDAQ OMX Group, Inc.

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 136 (July 16, 2015)

Page Range42136-42137
FR Document2015-17394

Federal Register, Volume 80 Issue 136 (Thursday, July 16, 2015)
[Federal Register Volume 80, Number 136 (Thursday, July 16, 2015)]
[Notices]
[Pages 42136-42137]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-17394]



[[Page 42136]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75421; File Nos. SR-BSECC-2015-001; SR-BX-2015-030; SR-
NASDAQ-2015-058; SR-Phlx-2015-46; SR-SCCP-2015-01]


Self-Regulatory Organizations; Boston Stock Exchange Clearing 
Corporation; NASDAQ OMX BX, Inc.; The NASDAQ Stock Market LLC; NASDAQ 
OMX PHLX LLC; Stock Clearing Corporation of Philadelphia; Order 
Approving Proposed Rule Changes To Amend the Amended and Restated 
Certificate of Incorporation and By-Laws of The NASDAQ OMX Group, Inc.

July 10, 2015.

I. Introduction

    On May 19, 2015, each of the Boston Stock Exchange Clearing 
Corporation (``BSECC''), NASDAQ OMX BX, Inc. (``BX''), The NASDAQ Stock 
Market LLC (``NASDAQ''), NASDAQ OMX PHLX LLC (``Phlx''), and the Stock 
Clearing Corporation of Philadelphia (``SCCP'' and, together with 
BSECC, BX, NASDAQ, and Phlx, the ``SROs''), filed with the Securities 
and Exchange Commission (``Commission''), pursuant to section 19(b)(1) 
of the Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 
thereunder,\2\ proposed rule changes with respect to amendments to the 
Amended and Restated Certificate of Incorporation (the ``Charter'') and 
By-Laws (the ``By-Laws'') of The NASDAQ OMX Group, Inc. (``NASDAQ 
OMX''), the parent company of the SROs, to change its name to Nasdaq, 
Inc. The BX, NASDAQ, and Phlx proposed rule changes were published for 
comment in the Federal Register on June 2, 2015.\3\ The BSECC and SCCP 
proposed rule changes were published for comment in the Federal 
Register on June 3, 2015.\4\ The Commission did not receive any comment 
letters on the proposals. This order approves the proposed rule 
changes.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Securities Exchange Act Release Nos. 75051 (May 27, 2015), 
80 FR 31427 (SR-BX-2015-030); 75052 (May 27, 2015), 80 FR 31438 (SR-
NASDAQ-2015-058); 75053 (May 27, 2015), 80 FR 31439 (SR-Phlx-2015-
46).
    \4\ Securities Exchange Act Release Nos. 75064 (May 28, 2015), 
80 FR 31627 (SR-BSECC-2015-001); 75063 (May 28, 2015), 80 FR 31625 
(SR-SCCP-2015-01).
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II. Description of the Proposal

    NASDAQ OMX, as part of an ongoing global rebranding initiative, has 
begun to refer to itself, both internally and externally, as Nasdaq, 
rather than NASDAQ OMX. As a result of this initiative, the SROs note 
that for purposes of consistency with its marketing, communications, 
and other materials, NASDAQ OMX intends to change the legal names of 
NASDAQ OMX and certain of its subsidiaries to eliminate references to 
OMX. As represented in the current proposed rule changes by each of its 
subsidiaries, NASDAQ OMX has therefore proposed to amend its Charter 
and By-Laws to change its legal name from The NASDAQ OMX Group, Inc. to 
Nasdaq, Inc.
    Specifically, NASDAQ OMX proposes to file a Certificate of 
Amendment to its Charter with the Secretary of State of the State of 
Delaware to amend Article First of the Charter to reflect the new name. 
In addition, NASDAQ OMX proposes to amend the title and Article I(f) of 
its By-Laws to reflect the new name.

III. Discussion and Commission's Findings

    After careful review, the Commission finds that the proposed rule 
changes are consistent with the requirements of the Act and the rules 
and regulations thereunder applicable to a national securities 
exchange, in the case of the proposals by BX, NASDAQ, and Phlx, and to 
a clearing agency, in the case of the proposals by BSECC and SCCP.\5\
---------------------------------------------------------------------------

    \5\ Additionally, in approving these proposed rule changes, the 
Commission has considered the proposed rules' impact on efficiency, 
competition, and capital formation. See 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

    In particular, the Commission finds that the proposed rule changes 
by BX, NASDAQ, and Phlx are consistent with the requirements of the Act 
and the rules and regulations thereunder applicable to a national 
securities exchange. Section 6(b)(5) of the Act requires, among other 
things, that an exchange's rules be designed to prevent fraudulent and 
manipulative acts and practices, 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.\6\ The 
Commission believes that the proposed rule changes by BX, NASDAQ, and 
Phlx are consistent with the requirements of section 6(b)(5) of the Act 
\7\ because they would reflect the change made by NASDAQ OMX, the 
exchanges' parent company,\8\ to its Charter and By-Laws to change its 
legal name to Nasdaq, Inc., which should eliminate potential confusion 
among investors and market participants because of differences between 
NASDAQ OMX's corporate name and the manner in which it refers to itself 
as part of its current global branding initiative.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b)(5).
    \7\ Id.
    \8\ Certain provisions of NASDAQ OMX's Charter and By-Laws are 
considered rules of BX, NASDAQ, and Phlx if they are stated 
policies, practices, or interpretations, as defined in Rule 19b-4 
under the Act, of BX, NASDAQ, and Phlx, and must be filed with the 
Commission pursuant to Section 19(b) of the Act and Rule 19b-4 
thereunder. 15 U.S.C. 78s(b); 17 CFR 240.19b-4.
---------------------------------------------------------------------------

    The Commission also finds that the proposed rule changes by BSECC 
and SCCP are consistent with the requirements of the Act and the rules 
and regulations thereunder applicable to clearing agencies. Section 
17A(b)(3)(F) of the Act requires, among other things, that the rules of 
a clearing agency be designed to protect investors and the public 
interest.\9\ In addition, Rule 17Ad-22(d)(8) under the Act \10\ 
requires registered clearing agencies to establish, implement, 
maintain, and enforce written policies and procedures reasonably 
designed to have governance arrangements that are clear and 
transparent. Here, BSECC and SCCP filed proposed rule changes to 
highlight a change being made in the Charter and By-laws of NASDAQ 
OMX,\11\ which indirectly owns BSECC and SCCP. Therefore, the proposed 
rule changes by BSECC and SCCP help make clear and transparent the 
governance arrangements of NASDAQ OMX and, thus, BSECC and SCCP, which 
helps ensure investor protection and the public interest.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78q-1(b)(3)(F).
    \10\ 17 CFR 240.17Ad-22(d)(8).
    \11\ Certain provisions of NASDAQ OMX's Charter and By-Laws are 
considered rules of BSECC and SCCP if they are stated policies, 
practices, or interpretations, as defined in Rule 19b-4 under the 
Act, of BSECC and SCCP, and must be filed with the Commission 
pursuant to section 19(b) of the Act and Rule 19b-4 thereunder. 15 
U.S.C. 78q-1(b); 17 CFR 240.19b-4.
---------------------------------------------------------------------------

IV. Conclusion

    For the foregoing reasons, the Commission finds that the proposed 
rule changes are consistent with the Act and the rules and regulations 
thereunder applicable to a national securities exchange, in the case of 
BX, NASDAQ, and Phlx, and to a registered clearing agency, in the case 
of BSECC and SCCP.
    It is therefore ordered, pursuant to section 19(b)(2) of the 
Act,\12\ that the proposed rule changes (SR-BSECC-2015-001; SR-BX-2015-
030; SR-NASDAQ-2015-058; SR-Phlx-2015-46; SR-SCCP-2015-01) be, and 
hereby are, approved.
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    \12\ 15 U.S.C. 78s(b)(2).


[[Page 42137]]


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    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2015-17394 Filed 7-15-15; 8:45 am]
BILLING CODE 8011-01-P



                                              42136                          Federal Register / Vol. 80, No. 136 / Thursday, July 16, 2015 / Notices

                                              SECURITIES AND EXCHANGE                   initiative, the SROs note that for                                     change its legal name to Nasdaq, Inc.,
                                              COMMISSION                                purposes of consistency with its                                       which should eliminate potential
                                                                                        marketing, communications, and other                                   confusion among investors and market
                                              [Release No. 34–75421; File Nos. SR–
                                              BSECC–2015–001; SR–BX–2015–030; SR–
                                                                                        materials, NASDAQ OMX intends to                                       participants because of differences
                                              NASDAQ–2015–058; SR–Phlx–2015–46; SR– change the legal names of NASDAQ                                           between NASDAQ OMX’s corporate
                                              SCCP–2015–01]                             OMX and certain of its subsidiaries to                                 name and the manner in which it refers
                                                                                        eliminate references to OMX. As                                        to itself as part of its current global
                                              Self-Regulatory Organizations; Boston represented in the current proposed rule                                   branding initiative.
                                              Stock Exchange Clearing Corporation; changes by each of its subsidiaries,
                                              NASDAQ OMX BX, Inc.; The NASDAQ           NASDAQ OMX has therefore proposed                                         The Commission also finds that the
                                              Stock Market LLC; NASDAQ OMX              to amend its Charter and By-Laws to                                    proposed rule changes by BSECC and
                                              PHLX LLC; Stock Clearing Corporation change its legal name from The                                              SCCP are consistent with the
                                              of Philadelphia; Order Approving          NASDAQ OMX Group, Inc. to Nasdaq,                                      requirements of the Act and the rules
                                              Proposed Rule Changes To Amend the Inc.                                                                          and regulations thereunder applicable to
                                              Amended and Restated Certificate of          Specifically, NASDAQ OMX proposes                                   clearing agencies. Section 17A(b)(3)(F)
                                              Incorporation and By-Laws of The          to file a Certificate of Amendment to its                              of the Act requires, among other things,
                                              NASDAQ OMX Group, Inc.                    Charter with the Secretary of State of the                             that the rules of a clearing agency be
                                                                                        State of Delaware to amend Article First                               designed to protect investors and the
                                              July 10, 2015.                            of the Charter to reflect the new name.                                public interest.9 In addition, Rule
                                              I. Introduction                           In addition, NASDAQ OMX proposes to                                    17Ad–22(d)(8) under the Act 10 requires
                                                                                        amend the title and Article I(f) of its By-                            registered clearing agencies to establish,
                                                 On May 19, 2015, each of the Boston
                                                                                        Laws to reflect the new name.                                          implement, maintain, and enforce
                                              Stock Exchange Clearing Corporation
                                              (‘‘BSECC’’), NASDAQ OMX BX, Inc.          III. Discussion and Commission’s                                       written policies and procedures
                                              (‘‘BX’’), The NASDAQ Stock Market         Findings                                                               reasonably designed to have governance
                                              LLC (‘‘NASDAQ’’), NASDAQ OMX                                                                                     arrangements that are clear and
                                                                                           After careful review, the Commission
                                              PHLX LLC (‘‘Phlx’’), and the Stock                                                                               transparent. Here, BSECC and SCCP
                                                                                        finds that the proposed rule changes are
                                              Clearing Corporation of Philadelphia                                                                             filed proposed rule changes to highlight
                                                                                        consistent with the requirements of the
                                              (‘‘SCCP’’ and, together with BSECC, BX, Act and the rules and regulations                                        a change being made in the Charter and
                                              NASDAQ, and Phlx, the ‘‘SROs’’), filed    thereunder applicable to a national                                    By-laws of NASDAQ OMX,11 which
                                              with the Securities and Exchange          securities exchange, in the case of the                                indirectly owns BSECC and SCCP.
                                              Commission (‘‘Commission’’), pursuant     proposals by BX, NASDAQ, and Phlx,                                     Therefore, the proposed rule changes by
                                              to section 19(b)(1) of the Securities     and to a clearing agency, in the case of                               BSECC and SCCP help make clear and
                                              Exchange Act of 1934 (‘‘Act’’) 1 and Rule the proposals by BSECC and SCCP.5                                      transparent the governance
                                              19b–4 thereunder,2 proposed rule             In particular, the Commission finds                                 arrangements of NASDAQ OMX and,
                                              changes with respect to amendments to     that the proposed rule changes by BX,                                  thus, BSECC and SCCP, which helps
                                              the Amended and Restated Certificate of NASDAQ, and Phlx are consistent with                                     ensure investor protection and the
                                              Incorporation (the ‘‘Charter’’) and By-   the requirements of the Act and the                                    public interest.
                                              Laws (the ‘‘By-Laws’’) of The NASDAQ      rules and regulations thereunder
                                              OMX Group, Inc. (‘‘NASDAQ OMX’’),                                                                                IV. Conclusion
                                                                                        applicable to a national securities
                                              the parent company of the SROs, to        exchange. Section 6(b)(5) of the Act                                     For the foregoing reasons, the
                                              change its name to Nasdaq, Inc. The BX, requires, among other things, that an                                    Commission finds that the proposed
                                              NASDAQ, and Phlx proposed rule            exchange’s rules be designed to prevent                                rule changes are consistent with the Act
                                              changes were published for comment in fraudulent and manipulative acts and                                       and the rules and regulations
                                              the Federal Register on June 2, 2015.3    practices, to promote just and equitable                               thereunder applicable to a national
                                              The BSECC and SCCP proposed rule          principles of trade, to remove                                         securities exchange, in the case of BX,
                                              changes were published for comment in impediments to and perfect the
                                                                                                                                                               NASDAQ, and Phlx, and to a registered
                                              the Federal Register on June 3, 2015.4    mechanism of a free and open market                                    clearing agency, in the case of BSECC
                                              The Commission did not receive any        and a national market system, and, in                                  and SCCP.
                                              comment letters on the proposals. This    general, to protect investors and the
                                              order approves the proposed rule          public interest.6 The Commission                                         It is therefore ordered, pursuant to
                                              changes.                                  believes that the proposed rule changes                                section 19(b)(2) of the Act,12 that the
                                                                                        by BX, NASDAQ, and Phlx are                                            proposed rule changes (SR–BSECC–
                                              II. Description of the Proposal                                                                                  2015–001; SR–BX–2015–030; SR–
                                                                                        consistent with the requirements of
                                                 NASDAQ OMX, as part of an ongoing section 6(b)(5) of the Act 7 because they                                   NASDAQ–2015–058; SR–Phlx–2015–46;
                                              global rebranding initiative, has begun   would reflect the change made by                                       SR–SCCP–2015–01) be, and hereby are,
                                              to refer to itself, both internally and   NASDAQ OMX, the exchanges’ parent                                      approved.
                                              externally, as Nasdaq, rather than        company,8 to its Charter and By-Laws to
                                              NASDAQ OMX. As a result of this                                                                                  the Act and Rule 19b–4 thereunder. 15 U.S.C.
                                                                                                            5 Additionally,
                                                                                                                         in approving these proposed rule      78s(b); 17 CFR 240.19b–4.
                                                1 15 U.S.C. 78s(b)(1).                                 changes, the Commission has considered the                9 15 U.S.C. 78q–1(b)(3)(F).
                                                2 17 CFR 240.19b–4.                                    proposed rules’ impact on efficiency, competition,        10 17 CFR 240.17Ad–22(d)(8).
                                                3 Securities Exchange Act Release Nos. 75051           and capital formation. See 15 U.S.C. 78c(f).              11 Certain provisions of NASDAQ OMX’s Charter
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                                                                                                         6 15 U.S.C. 78f(b)(5).
                                              (May 27, 2015), 80 FR 31427 (SR–BX–2015–030);                                                                    and By-Laws are considered rules of BSECC and
                                              75052 (May 27, 2015), 80 FR 31438 (SR–NASDAQ–              7 Id.                                                 SCCP if they are stated policies, practices, or
                                              2015–058); 75053 (May 27, 2015), 80 FR 31439 (SR–          8 Certain provisions of NASDAQ OMX’s Charter          interpretations, as defined in Rule 19b–4 under the
                                              Phlx–2015–46).                                           and By-Laws are considered rules of BX, NASDAQ,         Act, of BSECC and SCCP, and must be filed with
                                                4 Securities Exchange Act Release Nos. 75064           and Phlx if they are stated policies, practices, or     the Commission pursuant to section 19(b) of the Act
                                              (May 28, 2015), 80 FR 31627 (SR–BSECC–2015–              interpretations, as defined in Rule 19b–4 under the     and Rule 19b–4 thereunder. 15 U.S.C. 78q–1(b); 17
                                              001); 75063 (May 28, 2015), 80 FR 31625 (SR–             Act, of BX, NASDAQ, and Phlx, and must be filed         CFR 240.19b–4.
                                              SCCP–2015–01).                                           with the Commission pursuant to Section 19(b) of          12 15 U.S.C. 78s(b)(2).




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                                                                             Federal Register / Vol. 80, No. 136 / Thursday, July 16, 2015 / Notices                                                          42137

                                                 For the Commission, by the Division of                I. Self-Regulatory Organization’s                         A. Self-Regulatory Organization’s
                                              Trading and Markets, pursuant to delegated               Statement of the Terms of Substance of                    Statement of the Purpose of, and
                                              authority.13                                             the Proposed Rule Change                                  Statutory Basis for, the Proposed Rule
                                              Jill M. Peterson,                                           The Exchange proposes to amend the                     Change
                                              Assistant Secretary.                                     Exchange’s transaction fees at chapter                    1. Purpose
                                              [FR Doc. 2015–17394 Filed 7–15–15; 8:45 am]              XV, section 2 entitled ‘‘NASDAQ
                                              BILLING CODE 8011–01–P                                   Options Market—Fees and Rebates,’’                           The Exchange proposes to amend the
                                                                                                       which governs pricing for NASDAQ                          Non-Penny Pilot Options 3 Fees for
                                                                                                       members using the NASDAQ Options                          Removing Liquidity 4 for all market
                                              SECURITIES AND EXCHANGE                                  Market (‘‘NOM’’), NASDAQ’s facility for                   participants, except Customers.5 The
                                              COMMISSION                                               executing and routing standardized                        Exchange is also proposing to remove
                                                                                                       equity and index options.                                 all fees for options overlying the PHLX
                                                                                                          While the changes proposed herein                      Semiconductor SectorSM (SOXSM).
                                              [Release No. 34–75423; File No. SR–
                                                                                                       are effective upon filing, the Exchange
                                              NASDAQ–2015–070]
                                                                                                       has designated the amendments become                      Non-Penny Pilot Options Fees for
                                              Self-Regulatory Organizations; The                       operative on July 1, 2015.                                Removing Liquidity
                                                                                                          The text of the proposed rule change
                                              NASDAQ Stock Market LLC; Notice of                       is available on the Exchange’s Web site                     The Exchange proposes to amend the
                                              Filing and Immediate Effectiveness of                    at http://nasdaq.cchwallstreet.com, at                    Non-Penny Pilot Options Fees for
                                              Proposed Rule Change to Relating to                      the principal office of the Exchange, and                 Removing Liquidity (including NDX) for
                                              Non-Penny Pilot Options Fees                             at the Commission’s Public Reference                      Professionals,6 Firms,7 Non-NOM
                                              July 10, 2015.
                                                                                                       Room.                                                     Market Makers,8 NOM Market Makers 9
                                                                                                       II. Self-Regulatory Organization’s                        and Broker-Dealers 10 from $0.89 to
                                                 Pursuant to section 19(b)(1) of the                                                                             $0.94 per contract. Customers will
                                              Securities Exchange Act of 1934                          Statement of the Purpose of, and
                                                                                                       Statutory Basis for, the Proposed Rule                    continue to be assessed a Non-Penny
                                              (‘‘Act’’),1 and Rule 19b–4 thereunder,2                                                                            Pilot Options Fee for Removing
                                                                                                       Change
                                              notice is hereby given that on June 30,                                                                            Liquidity of $0.85 per contract. The
                                              2015, The NASDAQ Stock Market LLC                           In its filing with the Commission, the                 Exchange believes that despite this fee
                                              (‘‘Nasdaq’’ or ‘‘Exchange’’) filed with the              Exchange included statements
                                                                                                                                                                 increase, Fees for Removing Liquidity in
                                              Securities and Exchange Commission                       concerning the purpose of and basis for
                                                                                                                                                                 Non-Penny Pilot Options remain
                                              (‘‘SEC’’ or ‘‘Commission’’) the proposed                 the proposed rule change and discussed
                                                                                                       any comments it received on the                           competitive.
                                              rule change as described in Items I, II,
                                                                                                       proposed rule change. The text of these                   SOX
                                              and III, below, which Items have been
                                                                                                       statements may be examined at the
                                              prepared by the Exchange. The                                                                                         The Exchange is proposing to remove
                                                                                                       places specified in Item IV below. The
                                              Commission is publishing this notice to                  Exchange has prepared summaries, set                      all fees related to SOX from chapter XV,
                                              solicit comments on the proposed rule                    forth in sections A, B, and C below, of                   section 2 of the NOM Rules. Currently,
                                              change from interested persons.                          the most significant aspects of such                      chapter XV, section 2 specifies the
                                                                                                       statements.                                               following fees related to SOX:


                                                13 17  CFR 200.30–3(a)(12).                            and replacement of Penny Pilot through June 30,           Customer range at The Options Clearing
                                                1 15  U.S.C. 78s(b)(1).                                2013); 69787 (June 18, 2013), 78 FR 37858 (June 24,       Corporation (‘‘OCC’’) which is not for the account
                                                 2 17 CFR 240.19b–4.                                   2013) (SR–NASDAQ–2013–082) (notice of filing              of broker or dealer or for the account of a
                                                 3 The Penny Pilot was established in March 2008       and immediate effectiveness and extension and             ‘‘Professional’’ (as that term is defined in chapter I,
                                              is currently expanded and extended through June          replacement of Penny Pilot through December 31,           section 1(a)(48)).
                                              30, 2015. See Securities Exchange Act Release Nos.       2013); 71105 (December 17, 2013), 78 FR 77530                6 The term ‘‘Professional’’ means any person or

                                              57579 (March 28, 2008), 73 FR 18587 (April 4,            (December 23, 2013) (SR–NASDAQ–2013–154)                  entity that (i) is not a broker or dealer in securities,
                                              2008) (SR–NASDAQ–2008–026) (notice of filing             (notice of filing and immediate effectiveness and         and (ii) places more than 390 orders in listed
                                              and immediate effectiveness establishing Penny           extension and replacement of Penny Pilot through          options per day on average during a calendar month
                                              Pilot); 60874 (October 23, 2009), 74 FR 56682            June 30, 2014); 79 FR 31151 (May 23, 2014), 79 FR         for its own beneficial account(s) pursuant to chapter
                                              (November 2, 2009)(SR–NASDAQ–2009–091)                   31151 (May 30, 2014) (SR–NASDAQ–2014–056)                 I, section 1(a)(48). All Professional orders shall be
                                              (notice of filing and immediate effectiveness            (notice of filing and immediate effectiveness and         appropriately marked by Participants.
                                              expanding and extending Penny Pilot); 60965              extension and replacement of Penny Pilot through             7 The term ‘‘Firm’’ or (‘‘F’’) applies to any
                                              (November 9, 2009), 74 FR 59292 (November 17,            December 31, 2014); 73686 (December 2, 2014), 79
                                                                                                       FR 71477 (November 25, 2014) (SR–NASDAQ–                  transaction that is identified by a Participant for
                                              2009)(SR–NASDAQ–2009–097) (notice of filing and                                                                    clearing in the Firm range at OCC.
                                              immediate effectiveness adding seventy-five classes      2014–115) (notice of filing and immediate
                                                                                                                                                                    8 The term ‘‘Non-NOM Market Maker’’ or (‘‘O’’) is
                                              to Penny Pilot); 61455 (February 1, 2010), 75 FR         effectiveness and extension and replacement of
                                                                                                       Penny Pilot through June 30, 2015); and 75283             a registered market maker on another options
                                              6239 (February 8, 2010) (SR–NASDAQ–2010–013)                                                                       exchange that is not a NOM Market Maker. A Non-
                                              (notice of filing and immediate effectiveness adding     (June 24, 2015), 80 FR 37347 (June 30, 2015) (notice
                                                                                                       of Filing and Immediate Effectiveness of a Proposed       NOM Market Maker must append the proper Non-
                                              seventy-five classes to Penny Pilot); 62029 (May 4,
                                                                                                       Rule Change Relating to Extension of the                  NOM Market Maker designation to orders routed to
                                              2010), 75 FR 25895 (May 10, 2010) (SR–NASDAQ–
                                                                                                       Exchange’s Penny Pilot Program and Replacement            NOM.
                                              2010–053) (notice of filing and immediate                                                                             9 The term ‘‘NOM Market Maker’’ means a
                                              effectiveness adding seventy-five classes to Penny       of Penny Pilot Issues That Have Been Delisted). See
                                              Pilot); 65969 (December 15, 2011), 76 FR 79268           also NOM Rules, chapter VI, section 5.                    Participant that has registered as a Market Maker on
                                              (December 21, 2011) (SR–NASDAQ–2011–169)                    4 The Non-Penny Pilot Options pricing includes         NOM pursuant to chapter VII, section 2, and must
                                              (notice of filing and immediate effectiveness            options overlying the Nasdaq 100 Index traded             also remain in good standing pursuant to chapter
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                                              extension and replacement of Penny Pilot); 67325         under the symbol NDX. For transactions in NDX,            VII, section 4. In order to receive NOM Market
                                              (June 29, 2012), 77 FR 40127 (July 6, 2012) (SR–         a surcharge of $0.15 per contract will be added to        Maker pricing in all securities, the Participant must
                                              NASDAQ–2012–075) (notice of filing and                   the Fee for Adding Liquidity and the Fee for              be registered as a NOM Market Maker in at least one
                                              immediate effectiveness and extension and                Removing Liquidity in Non-Penny Pilot Options,            security.
                                              replacement of Penny Pilot through December 31,          except for a Customer who will not be assessed a             10 The term ‘‘Broker-Dealer’’ or (‘‘B’’) applies to

                                              2012); 68519 (December 21, 2012), 78 FR 136              surcharge.                                                any transaction which is not subject to any of the
                                              (January 2, 2013) (SR–NASDAQ–2012–143) (notice              5 The term ‘‘Customer’’ applies to any transaction     other transaction fees applicable within a particular
                                              of filing and immediate effectiveness and extension      that is identified by a Participant for clearing in the   category.



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Document Created: 2015-12-15 13:13:33
Document Modified: 2015-12-15 13:13:33
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation80 FR 42136 

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