[Federal Register: August 6, 2009 (Volume 74, Number 150)]
[Proposed Rules]
[Page 39242-39243]
[DOCID:fr06au09-13]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 21

Proposed New Restricted Category Special Purpose Operations

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Proposed policy statement.

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SUMMARY: This notice announces the availability of and request comments
on the proposed inclusion of three new restricted category special
purpose operations under Title 14 of the Code of Federal Regulations
(14 CFR) 21.25(b)(7).

DATES: Comments must be received on or before September 8, 2009.

ADDRESSES: Send all comments on the proposed new restricted categories
to: Federal Aviation Administration, Aircraft Certification Service,
Aircraft Engineering Division, Certification Procedures Branch, AIR-
110, 950 L'Enfant Plaza, SW., Fifth Floor, Washington, DC 20024. ATTN.:
Mr. Graham Long, Section Manager. You may hand deliver comments to:
Federal Aviation Administration, 950 L'Enfant Plaza, SW., Fifth Floor,
Washington, DC 20024.

FOR FURTHER INFORMATION CONTACT: Federal Aviation Administration,
Aircraft Engineering Division, Aircraft Certification Service,
Certification Procedures Branch (AIR 110), 950 L'Enfant Plaza, SW.,
Fifth Floor, Washington, DC 20024. ATTN.: Mr. Graham Long, Section
Manager. Telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; or by e-mail:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to comment on the proposed new
restricted categories for special purpose operations by submitting such
written data, views, or arguments, as they desire to the above address.
Comments received on the proposed new restricted categories may be
examined, before and after the comment closing date, at 950 L'Enfant
Plaza, SW., Fifth Floor, Washington, DC 20024, weekdays except Federal
holidays, between 8:30 a.m. and 4:30 p.m. The Director of the Aircraft
Certification Service will consider all communications received on or
before the closing date before issuing the final decision.

Background

    We are considering three new restricted category special purpose
operations under 14 CFR 21.25(b)(7). Approval of these new special
purpose operations would improve the usability of restricted category
aircraft in support of the public welfare and aviation safety. The
three proposed special purpose operations are (a) Alaskan Fuel Hauling,
(b) Upset Recovery Training, and (c) Flying Qualities Demonstrator.
    (a) Alaskan Fuel Hauling would provide a means to transport fuel to
isolated individuals or locations, such as villages, towns and mining
operations, within the State of Alaska. Currently, in rural Alaska
there are numerous remote villages, mining camps, and individuals that
have no practical access except by air. During the winter months,
transportation of fuel to remote locations is limited to small
quantities hauled by ground on trail access vehicles or by aircraft
owners carrying fuel for their own use. During the summer, where stream
access is available, there is the option of hauling limited quantities
of fuel by small boats. The allowance for transportation of flammable
liquids, by aircraft, when other means of transportation are
impractical is specified in Title 49 of the Code of Federal Regulations
(49 CFR) 175.310.
    (b) Upset Recovery Training would provide an avenue for the use of
aircraft with modified flight controls to be used to train air carrier
pilots in upset recoveries. Airborne simulation can provide aircraft
dynamic responses that simulate larger, heavier transport aircraft, and
result in improved safety through more-realistic upset recovery
training for air carrier pilots. The use of large transport aircraft
for Upset Recovery Training is costly, and would increase the risk
level of training. It is also impractical to certificate these modified
aircraft in compliance with the requirements of their standard category
type certificate.
    (c) Flight control system design and development can be more-
effectively carried out using airborne simulation. The optimizations of
flight control and feel characteristics can be conducted in a real-
world environment at an early stage in the design and development of
the aircraft. Flying qualities of unique

and novel aircraft can be evaluated, and the effects of aircraft
configuration changes may be observed and measured. A Flying Qualities
Demonstrator would enable the use of aircraft with modified flight
controls to be used in the demonstration and development of flying
qualities and flight controls. It is impractical to certificate these
modified aircraft in compliance with the requirements of their standard
category type certificate. Approval of these flight operations will be
in compliance with the restricted category operating limitations
specified in 14 CFR 91.313.
    How To Obtain Copies:
    You may get a copy of our proposal from the Internet at: http://
www.faa.gov/aircraft/draft_docs/.
    You may also request a copy from Mr. Graham Long. See the section
entitled FOR FURTHER INFORMATION CONTACT for the complete address.

    Issued in Washington, DC, on July 24, 2009.
Susan J. M. Cabler,
Assistant Manager, Aircraft Engineering Division, Aircraft
Certification Service.
[FR Doc. E9-18573 Filed 8-5-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register: August 7, 2006 (Volume 71, Number 151)]
[Notices]
[Page 44734-44738]
[DOCID:fr07au06-111]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54253; File No. SR-NASDAQ-2006-018]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
Regarding Technical and Conforming Changes to Nasdaq's 2000 and 3000
Series Rules

 July 31, 2006.
    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 25, 2006, The NASDAQ Stock Market LLC (``Exchange'' or
``Nasdaq''), 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 Nasdaq. Nasdaq has filed
this proposed rule change as a ``non-controversial'' rule change
pursuant to Section 19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-
4(f)(6) thereunder,\4\ 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\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Nasdaq proposes to conform the Rule 2000 and 3000 Series of
Nasdaq's rules to certain changes made to the Rule 2000 and 3000 Series
of the rules of National Association of Securities Dealers, Inc.
(``NASD'') since approval of Nasdaq's rules by the Commission in
January 2006, to make several minor modifications, and to correct
certain typographical errors in the approved rules. Nasdaq proposes to
implement the proposed rule change immediately.
    The text of the proposed rule change is included below. Proposed
new

language is italicized; deletions are [bracketed].
* * * * *
2111. Trading Ahead of Customer Market Orders
    (a) Nasdaq members and persons associated with a member shall
comply with NASD Rule 2111 as if such Rule were part of Nasdaq's rules.
    (b) For purposes of this Rule, references to IM-2110-2, Rule 2320,
and Rule 3110[, and Rule 6440] shall be construed as references to
Nasdaq IM-2110-2, Nasdaq Rule 2320, and Nasdaq Rule 3110[, and Nasdaq
Rule 6440].
    (c) Nasdaq members and persons associated with a member relying
upon the exemption set forth in NASD Rule 2111(f) shall comply with the
provisions of the NASD Rule 4600 Series and 6400 Series cited therein
as if such Rules were part of Nasdaq's Rules. Nasdaq and NASD
Regulation, an affiliate of NASD, are parties to the Regulatory
Contract pursuant to which NASD Regulation has agreed to perform
certain functions on behalf of Nasdaq. Therefore, Nasdaq members are
complying with Nasdaq Rule 2111(f) by complying with NASD Rule 2111(f)
as written, including, for example, filing requirements and
notifications. In addition, functions performed by NASD Regulation,
NASD Regulation departments, and NASD Regulation staff under Nasdaq
Rule 2111(f) are being performed by NASD Regulation on behalf of
Nasdaq.
* * * * *
    2520. Margin Requirements
    (a) No change.
    (b) A member designated to Nasdaq for oversight pursuant to SEC
Rule 17d-1 shall comply with the initial and maintenance margin
requirements of Regulation T and the NASD Rule 2520 as if such Rules
were part of Nasdaq's Rules.
    (c) No change.
    [(c)](d) Pursuant to the Rule 9600 Series, Nasdaq may exempt any
member from the requirements contained in paragraph (e)(3) of NASD Rule
2520, as applied to Nasdaq members through Nasdaq Rule 2520, if the
account referenced in paragraph (e)(3) of NASD Rule 2520 is confined
exclusively to transactions and positions in exempted securities.
* * * * *
2810. Direct Participation Programs
    (a) No change.
    (b) For purposes of this Rule 2810:
    (1)--(2) No change.
    (3) for purposes of this Rule only, Nasdaq members and their
associated persons shall comply with applicable provisions of NASD Rule
2710 as [of]if such Rule were part of Nasdaq's Rules.
    (c) No change.
* * * * *
    2852. Reporting Requirements
    (a) Each member shall file with Nasdaq Regulation a report with
respect to each account in which the member has an interest, each
account of a partner, officer, director or employee of such member, and
each customer account of the member, which has established an aggregate
position of 100,000 index warrants on the same side of the market in an
index warrant issue listed on Nasdaq, combining such index warrant
position with positions in index warrants overlying the same index on
the same side of the market traded on Nasdaq or another national
securities exchange.
    (b) Such report shall identify the person or persons having an
interest in such account and shall identify separately the total number
of each type of index warrant that comprises the reportable position in
such account. The report shall be in such form as may be prescribed by
Nasdaq Regulation and shall be filed no later than the close of
business on the next business day following the day on which the
transaction or transactions necessitating the filing of such report
occurred. Whenever a report shall be required to be filed with respect
to an account pursuant to this Rule, the member filing such report
shall file with Nasdaq Regulation such additional periodic reports with
respect to such account as Nasdaq Regulation may from time to time
prescribe.
    2853. Liquidation of Index Warrant Positions
    (a) Whenever Nasdaq Regulation determines that a person or group of
persons acting in concert holds or controls an aggregate position
(whether short or long) in index warrants overlying the same index in
excess of the position limitations established by Rule 2850, it may,
when deemed necessary or appropriate in the public interest and for the
protection of investors, direct any member or all members carrying a
position in index warrants overlying such index for such person or
persons to liquidate such position or positions, or portions thereof,
as expeditiously as possible and consistent with the maintenance of an
orderly market, so as to bring such person or persons into compliance
with the position limitations contained in Rule 2850.
    (b) Whenever such a directive is issued by Nasdaq Regulation no
member receiving notice thereof shall accept and/or execute for any
person or persons named in such directive any order to purchase or sell
short any index warrants based on the same index, unless in each
instance express approval therefor is given by Nasdaq Regulation, or
the directive is rescinded.
    2854. [Trading Halts or Suspensions] Reserved
    [(a) The trading in an index warrant on Nasdaq shall be halted
whenever Nasdaq Regulation shall conclude that such action is
appropriate in the interests of a fair and orderly market and to
protect investors. Among the factors that may be considered are the
following:]
    [(1) trading has been halted or suspended in underlying stocks
whose weighted value represents 20% or more of the index value;]
    [(2) the current calculation of the index derived from the current
market prices of the stocks is not available;]
    [(3) other unusual conditions or circumstances detrimental to the
maintenance of a fair and orderly market are present.]
    [(b) Trading in index warrants that has been the subject of a
trading halt or suspension may resume if Nasdaq Regulation determines
that the conditions which led to the halt or suspension are no longer
present or that the interests of a fair and orderly market are served
by a resumption of trading. In either event, the reopening may not
occur until Nasdaq Regulation has determined that trading in underlying
stocks whose weighted value represents more than 50% of the index is
occurring.]
* * * * *

IM-3010-1. Standards for Reasonable Review

    (a) Nasdaq members and persons associated with a member shall
comply with NASD Interpretive Material IM-3010-1 as if such Rule were
part of Nasdaq's Rules.
    (b) For purposes of this Rule:
    (1) references to Rule 3010 shall be construed as references to
Nasdaq Rule 3010; and
    (2) references to ``NASD Rules'' shall be construed as references
to ``Nasdaq Rules''.

IM-3010-2. Guidance on Heightened Supervision Requirements

    Nasdaq members shall comply with NASD Notice to Members 97-19 as if
such Rule were part of Nasdaq's Rules.
* * * * *

IM-3011-1. Independent Testing Requirements

    Nasdaq members and persons associated with a member shall comply

with NASD Interpretive Material IM-3011-1 as if such Rule were part of
Nasdaq's Rules. For purposes of this Rule, references to Rule 3011
shall be construed as references to Nasdaq Rule 3011.

IM-3011-2. Review of Anti-Money Laundering Compliance Person
Information

    Nasdaq members and persons associated with a member shall comply
with NASD Interpretive Material IM-3011-2 as if such Rule were part of
Nasdaq's Rules. For purposes of this Rule, references to Rule 3011
shall be construed as references to Nasdaq Rule 3011.
3012. Supervisory Control System
    (a) Members and persons associated with a member shall comply with
NASD Rule 3012 as if such Rule were part of Nasdaq's rules. Nasdaq and
NASD Regulation, an affiliate of NASD, are parties to the Regulatory
Contract pursuant to which NASD Regulation has agreed to perform
certain functions on behalf of Nasdaq. Therefore, Nasdaq members are
complying with Nasdaq Rule 3012 by complying with NASD Rule 3012 as
written, including, for example, filing requirements and notifications.
In addition, functions performed by NASD Regulation, NASD Regulation
departments, and NASD Regulation staff under Nasdaq Rule 3012 are being
performed by NASD Regulation on behalf of Nasdaq.
    (b) No change.
* * * * *
3080. Disclosure to Associated Persons When Signing Form U[-]4
    Nasdaq Members shall comply with NASD Rule 3080 as if such Rule
were part of Nasdaq's Rules. In lieu of incorporating in the written
statement the language in paragraph (2) of NASD Rule 3080, members
shall include the following provision:

A claim alleging employment discrimination, including a sexual
harassment claim, in violation of a statute is not required to be
arbitrated under Nasdaq rules. Such a claim may be arbitrated under
Nasdaq rules only if the parties have agreed to arbitrate it, either
before or after the dispute arose. The rules of other arbitration
forums may be different.

* * * * *
3110. Books and Records
    (a)-(e) No change.
    (f) Requirements When Using Predispute Arbitration Agreements With
Customers
    (1)-(2) No change.
    (3)(A) A member shall provide a customer with a copy of any
predispute arbitration clause or customer agreement executed between
the customer and the member, or inform the customer that the member
does not have a copy thereof, within ten business days of receipt of
the customer's request. If a customer requests such a copy before the
member has provided the customer with a copy pursuant to subparagraph
(2)(B) of this [Rule]paragraph, the member must provide a copy to the
customer by the earlier date required by this subparagraph (3)(A) or by
subparagraph (2)(B).
    (B) No change.
    (4)-(7) No change.
    (g)-(j) No change.
* * * * *
3130. Regulation of Activities of Members Experiencing Financial and/or
Operational Difficulties
    (a) A member designated to Nasdaq for oversight pursuant to SEC
Rule 17d-1 shall comply with NASD Rule 3130 (except NASD Rule 3130(a))
as if such Rule were part of Nasdaq's Rules.
    (b) No change.

IM-3130. Restrictions on a Member's Activity

    (a) A member designated to Nasdaq for oversight pursuant to SEC
Rule 17d-1 shall comply with NASD Interpretive Material 3130 (except
IM-3130(d)) as if such Rule were part of Nasdaq's Rules.
    (b) No change.
* * * * *
3360. Short-Interest Reporting
    (a) To the extent such information is not otherwise reported to the
NASD in conformance with NASD Rule 3360, each member shall maintain a
record of total ``short'' positions in all customer and proprietary
firm accounts in securities listed on Nasdaq and shall regularly report
such information to Nasdaq in such a manner as may be prescribed by
Nasdaq. [For the purposes of this rule, the term ``customer'' includes
a broker/dealer.] Reports shall be made as of the close of the
settlement date designated by Nasdaq. Reports shall be received by
Nasdaq no later than the second business day after the reporting
settlement date designated by Nasdaq.
    (b) For purposes of this Rule[,]:
    (1) ``short'' positions to be reported are those resulting from
``short sales'' as that term is defined in SEC Rule 200[, under the
Act]of Regulation SHO, with the exception of positions that meet the
requirements of Subsections (e)(1), (6), (7), (8), and (10) of SEC Rule
10a-1 adopted under the Act[.]; and
    (2) the term ``customer'' includes a broker-dealer.
* * * * *

3380. Order Entry and Execution Practices

    No member or associated person may engage in conduct that has the
intent or effect of splitting any order into multiple smaller orders
for execution or any execution into multiple smaller executions for
transaction reporting for the primary purpose of maximizing a monetary
or in-kind amount to be received by the member or associated person as
a result of the execution of such orders or the transaction reporting
of such executions. For purposes of this rule, ``monetary or in-kind
amount'' shall be defined to include, but not be limited to, any
credits, commissions, gratuities, payments for or rebates of fees, or
any other payments of value to the member or associated person.
338[0]1. SEC Rule 19c-1--Governing Certain Off-Board Agency
Transactions by Members of National Securities Exchanges
    No rule, stated policy, or practice of this exchange shall prohibit
or condition, or be construed to prohibit or condition or otherwise
limit, directly or indirectly, the ability of any member acting as
agent to effect any transaction otherwise than on this exchange with
another person (except when such member also is acting as agent for
such other person in such transaction), in any equity security listed
on this exchange or to which unlisted trading privileges on this
exchange have been extended.
* * * * *

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 is modifying its 2000 and 3000 Series Rules, which are based
to a substantial extent on comparable NASD

Rules, to conform them to certain changes made to the Rule 2000 and
3000 Series of the rules of NASD since approval of Nasdaq's rules by
the Commission in January 2006, to make several minor modifications,
and to correct certain typographical errors in the approved rules.
Specifically, Nasdaq is:
     Amending Nasdaq Rule 2111, which incorporates NASD Rule
2111 by reference, to reflect certain changes to the underlying text of
that rule made by SR-NASD-2005-139.\5\
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    \5\ See Securities Exchange Act Release No. 52998 (December 22,
2005), 70 FR 77223 (December 29, 2005) (SR-NASD-2005-139).
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     Amending Nasdaq Rules 2852 and 2853 at the request of SEC
staff to reflect that certain functions identified therein will be
performed by Nasdaq Regulation staff.
     Deleting Nasdaq Rule 2854, governing trading halts and
suspension of index warrants, so that it may be transferred to Nasdaq
Rule 4120, which contains Nasdaq's other rules concerning trading halts
and suspensions. The change to Nasdaq Rule 4120 will be made by a
corresponding filing concerning technical amendments to the Nasdaq 4000
Series rules that Nasdaq will submit on or prior to August 1, 2006 on
an immediately effective basis.
     Incorporating by reference NASD IM-3013-1, which was added
to the NASD Rules by SR-NASD-2003-104,\6\ and making a conforming
change to the numbering of current Nasdaq IM-3010.
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    \6\ See Securities Exchange Act Release No. 52403 (September 9,
2005), 70 FR 54782 (September 16, 2005) (SR-NASD-2003-104).
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     Incorporating by reference NASD IM-3011-1 and IM-3011-2,
which were added to the NASD Rules by SR-NASD-2005-066.\7\
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    \7\ See Securities Exchange Act Release No. 53030 (December 28,
2005), 71 FR 632 (January 5, 2006) (SR-NASD-2005-066).
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     Amending Nasdaq Rule 3012, which incorporates NASD Rule
3012 by reference, to include language that reflects a filing
requirement added to the NASD Rule by SR-NASD-2005-084.\8\
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    \8\ See Securities Exchange Act Release No. 52799 (November 18,
2005), 70 FR 71573 (November 29, 2005) (SR-NASD-2005-084).
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     Amending Nasdaq Rule 3360 to reflect minor changes made to
the comparable NASD Rule by SR-NASD-2005-112.\9\
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    \9\ See Securities Exchange Act Release No. 53224 (February 3,
2006), 71 FR 7101 (February 10, 2006) (SR-NASD-2005-112).
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     Adopting new Nasdaq Rule 3380, which is based on NASD Rule
3380, and which was added to the NASD Rules by SR-NASD-2005-144,\10\
and renumbering existing Nasdaq Rule 3380 as Nasdaq Rule 3381.
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    \10\ See Securities Exchange Act Release No. 53371 (February 24,
2006), 71 FR 11008 (March 3, 2006).
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     Amending Nasdaq Rules 2520, 2810, 3080, 3110, 3130, and
Nasdaq IM-3130 to correct typographical errors.
2. Statutory Basis
    Nasdaq believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\11\ in general, and with
Section 6(b)(5) of the Act,\12\ 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 proposed
rule change conforms the Rule 2000 and 3000 Series of Nasdaq's rules to
certain changes made to the Rule 2000 and 3000 Series of NASD rules
since approval of Nasdaq's rules by the Commission in January 2006,
makes several minor modifications and corrects certain typographical
errors in the approved rules.
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    \11\ 15 U.S.C. 78f.
    \12\ 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 foregoing proposed rule change has become effective pursuant to
Section 19(b)(3)(A) of the Act \13\ and Rule 19b-4(f)(6) \14\
thereunder because it 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, provided that the self-regulatory organization has given the
Commission written notice of its intent to file the proposed rule
change at least five business days prior to the filing date of the
proposed rule change.\15\
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    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(6).
    \15\ As required under Rule 19b-4(f)(6)(iii), Nasdaq provided
the Commission with written notice of its intent to file the
proposed rule change at least five days prior to the filing date.
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    Nasdaq has requested that the Commission waive the 30-day pre-
operative period requirement for ``non-controversial'' proposals, based
upon a representation that such waiver will allow Nasdaq to implement
the rule changes, which have either recently been made effective as
changes to NASD rules or are technical in nature, prior to the time
when Nasdaq begins to operate as a national securities exchange. The
Commission believes that waiver of the operative delay is consistent
with the protection of investors and the public interest. Waiver of the
30-day operative period will allow Nasdaq to implement these changes
immediately so that they can be in place prior to the time Nasdaq
begins to operate as a national securities exchange. Accordingly, the
Commission designates the proposal to be effective and operative upon
filing with the Commission.\16\ 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.
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    \16\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rules impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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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_ADDRESS>Please include

File Number SR-NASDAQ-2006-018 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary,

Securities and Exchange Commission, Station Place, 100 F Street, NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-NASDAQ-2006-018. 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 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-2006-018 and should be submitted on or before
August 28, 2006.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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Nancy M. Morris,
Secretary.
 [FR Doc. E6-12697 Filed 8-4-06; 8:45 am]

BILLING CODE 8010-01-P