Pilot for NASDAQ Basic
SIFMA and NetCoalition provide comments to the Securities and Exchange Commission (SEC) on Notice of Filing and Immediate Effectiveness of Proposed Rule Change by The NASDAQ Stock Market LLC to make permanent the pilot for Nasdaq Basic, File No. SR-Nasdaq-2011-129, Exchange Act Release No. 65527. The groups detail their objections and note the SEC’s actions are inconsistent with the recent decision of the United States Court of Appeals for the District of Columbia Circuit in NetCoalition v. Securities and Exchange Commission. The groups petition the SEC to temporarily suspend this rule change under recently amended Section 19(b)(3)(C) of the Exchange Act and institute proceedings to disapprove (or properly approve) those changes under Section 19(b)(2)(B) of the Exchange Act.