Notice2025-15738

Self-Regulatory Organizations; The Nasdaq Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Options 7, Section 2

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Published
August 19, 2025

Issuing agencies

Securities and Exchange Commission

Full Text

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<title>Federal Register, Volume 90 Issue 158 (Tuesday, August 19, 2025)</title>
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[Federal Register Volume 90, Number 158 (Tuesday, August 19, 2025)]
[Notices]
[Pages 40440-40444]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-15738]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-103710; File No. SR-NASDAQ-2025-058]


Self-Regulatory Organizations; The Nasdaq Stock Market LLC; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To 
Amend Options 7, Section 2

August 14, 2025.
    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 August 1, 2025, The Nasdaq Stock Market LLC (``Nasdaq'' or 
``Exchange'') 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 the 
Exchange. 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.
---------------------------------------------------------------------------

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

    The Exchange proposes to amend The Nasdaq Options Market LLC 
(``NOM'') Rules at Options 7, Section 2, Nasdaq Options Market--Fees 
and Rebates.
    The text of the proposed rule change is available on the Exchange's 
website at <a href="https://listingcenter.nasdaq.com/rulebook/nasdaq/rulefilings">https://listingcenter.nasdaq.com/rulebook/nasdaq/rulefilings</a> 
and at the principal office of the Exchange.

II. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange 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. The Exchange 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 amend NOM's Pricing Schedule at Options 7, 
Section 2, Nasdaq Options Market--Fees and Rebates to: (1) increase a 
NOM Marker Maker \3\ Rebate to add Liquidity in Non-Penny Symbols; and 
(2) amend the note 5 incentive for the NOM Market Maker Fee for Adding 
Liquidity in Non-Penny Symbols.
---------------------------------------------------------------------------

    \3\ The term ``NOM Market Maker'' or (``M'') is a Participant 
that has registered as a Market Maker on NOM pursuant to Options 2, 
Section 1, and must also remain in good standing pursuant to Options 
2, Section 9. In order to receive NOM Market Maker pricing in all 
securities, the Participant must be registered as a NOM Market Maker 
in at least one security. Options 7, Section 1(a).
---------------------------------------------------------------------------

Background
    Today, NOM assesses certain fees and rebates for execution of 
contracts on NOM as follows:

                                    Rebates To Add Liquidity in Penny Symbols
----------------------------------------------------------------------------------------------------------------
                                       Tier 1       Tier 2       Tier 3       Tier 4       Tier 5       Tier 6
----------------------------------------------------------------------------------------------------------------
Customer..........................      ($0.20)      ($0.25)      ($0.43)      ($0.44)      ($0.45)      ($0.48)
Professional......................       (0.20)       (0.25)       (0.43)       (0.44)       (0.45)       (0.47)
Broker-Dealer.....................       (0.10)       (0.10)       (0.10)       (0.10)       (0.10)       (0.10)
Firm..............................       (0.10)       (0.10)       (0.10)       (0.10)       (0.10)       (0.10)
Non-NOM Market Maker..............       (0.10)       (0.10)       (0.10)       (0.10)       (0.10)       (0.10)
NOM Market Maker..................        (.20)       (0.25)       (0.30)       (0.32)       (0.46)       (0.48)
----------------------------------------------------------------------------------------------------------------


         Fees and Rebates To Add Liquidity in Non-Penny Symbols
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Customer............................................             ($0.80)
Professional........................................              (0.80)
Broker-Dealer.......................................                0.45
Firm................................................                0.45
Non-NOM Market Maker................................                0.45
NOM Market Maker....................................          0.35/0.00/
                                                                 (0.20)/
                                                                  (0.40)
------------------------------------------------------------------------


[[Page 40441]]


         Fees To Remove Liquidity in Penny and Non-Penny Symbols
------------------------------------------------------------------------
                                     Penny symbols     Non-penny symbols
------------------------------------------------------------------------
Customer........................               $0.49               $0.85
Professional....................                0.49                0.85
Broker-Dealer...................                0.50                1.25
Firm............................                0.50                1.25
Non-NOM Market Maker............                0.50                1.25
NOM Market Maker................                0.50                1.25
------------------------------------------------------------------------

    Further, Customer \4\ and Professional \5\ Rebates to Add Liquidity 
in Penny Symbols are paid per the highest tier achieved below. To 
determine the applicable percentage of total industry customer equity 
and ETF option average daily volume, unless otherwise stated, the 
Participant's Penny Symbol and Non-Penny Symbol Customer and/or 
Professional volume that adds liquidity will be included.
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    \4\ The term ``Customer'' or (``C'') applies to any transaction 
that is identified by a Participant for clearing in the Customer 
range at The Options Clearing Corporation (``OCC'') which is not for 
the account of broker or dealer or for the account of a 
``Professional'' (as that term is defined in Options 1, Section 
1(a)(47)). See Options 7, Section 1(a).
    \5\ The term ``Professional'' or (``P'') means any person or 
entity that (i) is not a broker or dealer in securities, and (ii) 
places more than 390 orders in listed options per day on average 
during a calendar month for its own beneficial account(s) pursuant 
to Options 1, Section 1(a)(47). All Professional orders shall be 
appropriately marked by Participants. See Options 7, Section 1(a).

                             Monthly Volume
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Tier 1.....................  Participant adds Customer, Professional,
                              Firm, Non-NOM Market Maker and/or Broker-
                              Dealer liquidity in Penny Symbols and/or
                              Non-Penny Symbols of up to 0.10% of total
                              industry customer equity and ETF option
                              average daily volume (``ADV'') contracts
                              per day in a month.
Tier 2.....................  Participant adds Customer, Professional,
                              Firm, Non-NOM Market Maker and/or Broker-
                              Dealer liquidity in Penny Symbols and/or
                              Non-Penny Symbols above 0.10% of total
                              industry customer equity and ETF option
                              ADV contracts per day in a month.
Tier 3.....................  Participant: (a) adds Customer,
                              Professional, Firm, Non-NOM Market Maker
                              and/or Broker-Dealer liquidity in Penny
                              Symbols and/or Non-Penny Symbols above
                              0.20% of total industry customer equity
                              and ETF option ADV contracts per day in a
                              month; or (b) adds Customer and/or
                              Professional liquidity in Penny Symbols
                              and/or Non-Penny Symbols above 0.05% of
                              total industry customer equity and ETF
                              option ADV contracts per day in a month
                              and qualifies for MARS.
Tier 4.....................  Participant adds Customer, Professional,
                              Firm, Non-NOM Market Maker and/or Broker-
                              Dealer liquidity in Penny Symbols and/or
                              Non-Penny Symbols above 0.30% of total
                              industry customer equity and ETF option
                              ADV contracts per day in a month.
Tier 5.....................  Participant adds Customer, Professional,
                              Firm, Non-NOM Market Maker and/or Broker-
                              Dealer liquidity in Penny Symbols and/or
                              Non-Penny Symbols above 0.40% of total
                              industry customer equity and ETF option
                              ADV contracts per day in a month.
Tier 6.....................  Participant adds Customer, Professional,
                              Firm, Non-NOM Market Maker and/or Broker-
                              Dealer liquidity in Penny Symbols and/or
                              Non-Penny Symbols above 0.70% or more of
                              total industry customer equity and ETF
                              option ADV contracts per day in a month,
                              or Participant: (1) adds Customer and/or
                              Professional liquidity in Penny Symbols
                              and/or Non-Penny Symbols of 0.10% or more
                              of total industry customer equity and ETF
                              option ADV contracts per day in a month,
                              and (2) has added liquidity in all
                              securities through one or more of its
                              Nasdaq Market Center MPIDs that represent
                              1.00% or more of Consolidated Volume in a
                              month or qualifies for MARS (defined
                              below).
------------------------------------------------------------------------

    Finally, NOM Market Makers Rebates to Add Liquidity in Penny 
Symbols are paid per the highest tier achieved based on the below 6 
tiers.\6\
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    \6\ ``Total Volume'' is defined as Customer, Professional, Firm, 
Broker-Dealer, Non-NOM Market Maker and NOM Market Maker volume in 
Penny Symbols and/or Non-Penny Symbols which either adds or removes 
liquidity on NOM.

                             Monthly Volume
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Tier 1.....................  Participant adds NOM Market Maker liquidity
                              in Penny Symbols and/or Non-Penny Symbols
                              of up to 0.10% of total industry customer
                              equity and ETF option average daily volume
                              (``ADV'') contracts per day in a month.
Tier 2.....................  Participant adds NOM Market Maker liquidity
                              in Penny Symbols and/or Non-Penny Symbols
                              above 0.10% of total industry customer
                              equity and ETF option ADV contracts per
                              day in a month.
Tier 3.....................  Participant: (a) adds NOM Market Maker
                              liquidity in Penny Symbols and/or Non-
                              Penny Symbols above 0.20% of total
                              industry customer equity and ETF option
                              ADV contracts per day in a month; or
                              (b)(1) adds NOM Market Maker liquidity in
                              Penny Symbols and/or Non-Penny Symbols
                              above 0.15% of total industry customer
                              equity and ETF option ADV contracts per
                              day in a month, (2) transacts in all
                              securities through one or more of its
                              Nasdaq Market Center MPIDs that represent
                              (i) 0.50% or more of Consolidated Volume
                              (``CV'') which adds liquidity in the same
                              month on The Nasdaq Stock Market or (ii)
                              50 million shares or more ADV which adds
                              liquidity in the same month on The Nasdaq
                              Stock Market, and (3) executes 1.5 million
                              shares or more ADV in the same month
                              utilizing the M-ELO order type on The
                              Nasdaq Stock Market.

[[Page 40442]]

 
Tier 4.....................  Participant adds NOM Market Maker liquidity
                              in Penny Symbols and/or Non-Penny Symbols
                              of above 0.60% of total industry customer
                              equity and ETF option ADV contracts per
                              day in a month.
Tier 5.....................  Participant: (a) adds NOM Market Maker
                              liquidity in Penny Symbols and/or Non-
                              Penny Symbols above 1.00% of total
                              industry customer equity and ETF option
                              ADV contracts per day in a month; or (b)
                              adds NOM Market Maker liquidity in Penny
                              Symbols and/or Non-Penny Symbols of above
                              0.40% of total industry customer equity
                              and ETF option ADV contracts per day in a
                              month and transacts in all securities
                              through one or more of its Nasdaq Market
                              Center MPIDs that represent 0.40% or more
                              of Consolidated Volume (``CV'') which adds
                              liquidity in the same month on The Nasdaq
                              Stock Market.
Tier 6.....................  Participant: (a)(1) adds NOM Market Maker
                              liquidity in Penny Symbols and/or Non-
                              Penny Symbols above 0.95% of total
                              industry customer equity and ETF option
                              ADV contracts per day in a month, (2)
                              executes Total Volume of 250,000 or more
                              contracts per day in a month, of which
                              30,000 or more contracts per day in a
                              month must be removing liquidity, and (3)
                              adds Firm, Broker-Dealer and Non-NOM
                              Market Maker liquidity in Non-Penny
                              Symbols of 10,000 or more contracts per
                              day in a month; or (b)(1) adds NOM Market
                              Maker liquidity in Penny Symbols and/or
                              Non-Penny Symbols above 1.40% of total
                              industry customer equity and ETF option
                              ADV contracts per day in a month, and (2)
                              executes Total Volume of 250,000 or more
                              contracts per day in a month, of which
                              15,000 or more contracts per day in a
                              month must be removing liquidity.
------------------------------------------------------------------------

    Today, pursuant to note 5 of Options 7, Section 2, the NOM Market 
Maker Fee for Adding Liquidity in Non-Penny Symbols of $0.35 per 
contract will apply unless Participants meet the volume thresholds set 
forth in note 5.
    [ssquf] Today, Participants that add NOM Market Maker liquidity in 
Non-Penny Symbols of 0.03% to 0.05% of total industry customer equity 
and ETF option ADV contracts per day in a month are assessed a $0.00 
per contract Non-Penny Options Fee for Adding Liquidity in that month.
    [ssquf] Participants that add NOM Market Maker liquidity in Non-
Penny Symbols of above 0.05% to 0.08% of total industry customer equity 
and ETF option ADV contracts per day in a month receive a Non-Penny 
Rebate to Add Liquidity of $0.20 per contract for that month instead of 
paying the Non-Penny Fee for Adding Liquidity.
    [ssquf] Participants that add NOM Market Maker liquidity in Non-
Penny Symbols of above 0.08% of total industry customer equity and ETF 
option ADV contracts per day in a month receive a Non-Penny Rebate to 
Add Liquidity of $0.40 per contract for that month instead of paying 
the Non-Penny Fee for Adding Liquidity.
Proposal
    At this time, the Exchange proposes to replace certain percentage 
thresholds in note 5 of Options 7, Section 2 with new percentage 
thresholds and increase the $0.20 per contract Non-Penny Rebate to Add 
Liquidity to $0.30 per contract.\7\
---------------------------------------------------------------------------

    \7\ The Exchange would also amend the rebates noted in the Fees 
and Rebates to Add Liquidity in Non-Penny Symbols table in Options 
7, Section 2.
---------------------------------------------------------------------------

    [ssquf] Participants that add NOM Market Maker liquidity in Non-
Penny Symbols of 0.03% to 0.07% of total industry customer equity and 
ETF option ADV contracts per day in a month would be assessed a $0.00 
per contract Non-Penny Options Fee for Adding Liquidity in that month.
    [ssquf] Participants that add NOM Market Maker liquidity in Non-
Penny Symbols of above 0.07% to 0.10% of total industry customer equity 
and ETF option ADV contracts per day in a month would receive a Non-
Penny Rebate to Add Liquidity of $0.30 per contract for that month 
instead of paying the Non-Penny Fee for Adding Liquidity.
    [ssquf] Participants that add NOM Market Maker liquidity in Non-
Penny Symbols of above 0.10% of total industry customer equity and ETF 
option ADV contracts per day in a month would receive a Non-Penny 
Rebate to Add Liquidity of $0.40 per contract for that month instead of 
paying the Non-Penny Fee for Adding Liquidity.
    As proposed, note 5 will state:

    The NOM Market Maker Fee for Adding Liquidity in Non-Penny 
Symbols will apply unless Participants meet the volume thresholds 
set forth in this note. Participants that add NOM Market Maker 
liquidity in Non-Penny Symbols of 0.03% to 0.07% of total industry 
customer equity and ETF option ADV contracts per day in a month will 
be assessed a $0.00 per contract Non-Penny Options Fee for Adding 
Liquidity in that month. Participants that add NOM Market Maker 
liquidity in Non-Penny Symbols of above 0.07% to 0.10% of total 
industry customer equity and ETF option ADV contracts per day in a 
month will receive a Non-Penny Rebate to Add Liquidity of $0.30 per 
contract for that month instead of paying the Non-Penny Fee for 
Adding Liquidity. Participants that add NOM Market Maker liquidity 
in Non-Penny Symbols of above 0.10% of total industry customer 
equity and ETF option ADV contracts per day in a month will receive 
a Non-Penny Rebate to Add Liquidity of $0.40 per contract for that 
month instead of paying the Non-Penny Fee for Adding Liquidity.

    With this proposal, the Exchange would require a greater amount of 
add NOM Market Maker liquidity in Non-Penny Symbols in order to receive 
the increased Non-Penny Rebate to Add Liquidity of $0.30 per contract 
or the current Non-Penny Rebate to Add Liquidity of $0.40 per contract. 
Some Participants that currently receive the Non-Penny Rebate to Add 
Liquidity of $0.20 per contract may receive no rebate as a result of 
this change. Some Participants that currently receive the Non-Penny 
Rebate to Add Liquidity of $0.40 per contract may receive the proposed 
$0.30 per contract rebate as a result of this change. Also, other 
Participants may remain unaffected. The Exchange believes that the 
revised note 5 incentives will encourage NOM Market Makers to add more 
Non-Penny Symbol liquidity on NOM to the benefit of all market 
participants that may interact with that liquidity. Also, the Exchange 
believes that NOM Market Makers will be encouraged to add liquidity to 
receive the increase $0.30 Non-Penny Rebate to Add Liquidity.
2. Statutory Basis
    The Exchange believes that its proposal is consistent

[[Page 40443]]

with Section 6(b) of the Act,\8\ in general, and furthers the 
objectives of Sections 6(b)(4) and 6(b)(5) of the Act,\9\ in 
particular, in that it provides for the equitable allocation of 
reasonable dues, fees and other charges among members and issuers and 
other persons using any facility, and is not designed to permit unfair 
discrimination between customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The Commission and the courts have repeatedly expressed their 
preference for competition over regulatory intervention in determining 
prices, products, and services in the securities markets. In Regulation 
NMS, while adopting a series of steps to improve the current market 
model, the Commission highlighted the importance of market forces in 
determining prices and SRO revenues and, also, recognized that current 
regulation of the market system ``has been remarkably successful in 
promoting market competition in its broader forms that are most 
important to investors and listed companies.'' \10\
---------------------------------------------------------------------------

    \10\ Securities Exchange Act Release No. 51808 (June 9, 2005), 
70 FR 37496, 37499 (June 29, 2005) (``Regulation NMS Adopting 
Release'').
---------------------------------------------------------------------------

    Likewise, in NetCoalition v. Securities and Exchange Commission 
\11\ (``NetCoalition'') the D.C. Circuit upheld the Commission's use of 
a market-based approach in evaluating the fairness of market data fees 
against a challenge claiming that Congress mandated a cost-based 
approach.\12\ As the court emphasized, the Commission ``intended in 
Regulation NMS that `market forces, rather than regulatory 
requirements' play a role in determining the market data . . . to be 
made available to investors and at what cost.'' \13\
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    \11\ NetCoalition v. SEC, 615 F.3d 525 (D.C. Cir. 2010).
    \12\ See NetCoalition, at 534-535.
    \13\ Id. at 537.
---------------------------------------------------------------------------

    Further, ``[n]o one disputes that competition for order flow is 
`fierce.' . . . As the SEC explained, `[i]n the U.S. national market 
system, buyers and sellers of securities, and the broker-dealers that 
act as their order-routing agents, have a wide range of choices of 
where to route orders for execution'; [and] `no exchange can afford to 
take its market share percentages for granted' because `no exchange 
possesses a monopoly, regulatory or otherwise, in the execution of 
order flow from broker dealers'. . . .'' \14\ Although the court and 
the SEC were discussing the cash equities markets, the Exchange 
believes that these views apply with equal force to the options 
markets.
---------------------------------------------------------------------------

    \14\ Id. at 539 (quoting Securities Exchange Act Release No. 
59039 (December 2, 2008), 73 FR 74770, 74782-83 (December 9, 2008) 
(SR-NYSEArca-2006-21)).
---------------------------------------------------------------------------

    The Exchange's proposal to replace certain percentage thresholds in 
note 5 of Options 7, Section 2 with new percentage thresholds related 
to the Non-Penny Options Fee for Adding Liquidity and the Non-Penny 
Rebates to Add Liquidity and increase the $0.20 per contract Non-Penny 
Rebate to Add Liquidity is reasonable because the amended note 5 
incentives will encourage NOM Market Makers to add more Non-Penny 
Symbol liquidity on NOM to the benefit of all market participants that 
may interact with that liquidity. Also, the Exchange believes that NOM 
Market Makers will be encouraged to add liquidity to receive the 
increase $0.30 Non-Penny Rebate to Add Liquidity. As proposed, the 
Exchange will require a greater amount of add NOM Market Maker 
liquidity in Non-Penny Symbols to be assessed no Non-Penny Options Fee 
for Adding Liquidity. As proposed, the Exchange will require a greater 
amount of add NOM Market Maker liquidity in Non-Penny Symbols in order 
to receive the increased Non-Penny Rebate to Add Liquidity of 
$0.20[sic] per contract and the current Non-Penny Rebate to Add 
Liquidity of $0.40 per contract. Some Participants that currently 
receive the Non-Penny Rebate to Add Liquidity of $0.20 per contract may 
receive no rebate as a result of this change. Some Participants that 
currently receive the Non-Penny Rebate to Add Liquidity of $0.40 per 
contract may receive the proposed $0.30 per contract rebate as a result 
of this change. Also, other Participants may remain unaffected.
    The Exchange's proposal to replace certain percentage thresholds in 
note 5 of Options 7, Section 2 with new percentage thresholds related 
to the Non-Penny Options Fee for Adding Liquidity and the Non-Penny 
Rebates to Add Liquidity and increase the $0.20 per contract Non-Penny 
Rebate to Add Liquidity is equitable and not unfairly discriminatory 
because the Exchange will apply the proposed requirements uniformly to 
all qualifying NOM Market Makers. Additionally, all NOM Market Makers 
that qualify for the increased $0.30 per contract Non-Penny Rebate to 
Add Liquidity would be paid the rebate uniformly. The Exchange does not 
believe that it is unfairly discriminatory to offer the note 5 
incentives to only NOM Market Makers because these market participants 
add value through continuous quoting and the commitment of capital.\15\ 
Because NOM Market Makers have these obligations to the market and 
regulatory requirements that normally do not apply to other market 
participants, the Exchange believes that offering the note 5 incentives 
to only NOM Market Makers is equitable and not unfairly discriminatory 
in light of their obligations. Finally, encouraging NOM Market Makers 
to add greater liquidity benefits all market participants in the 
quality of order interaction.
---------------------------------------------------------------------------

    \15\ See Options 2, Sections 4 and 5.
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition not necessary or appropriate in 
furtherance of the purposes of the Act.
Inter-market Competition
    The proposal does not impose an undue burden on inter-market 
competition. The Exchange believes its proposal remains competitive 
with other options markets and will offer market participants with 
another venue in which to submit orders. The Exchange notes that it 
operates in a highly competitive market in which market participants 
can readily favor competing venues if they deem fee levels at a 
particular venue to be excessive, or rebate opportunities available at 
other venues to be more favorable. In such an environment, the Exchange 
must continually adjust its fees to remain competitive with other 
exchanges. Because competitors are free to modify their own fees in 
response, and because market participants may readily adjust their 
order routing practices, the Exchange believes that the degree to which 
fee changes in this market may impose any burden on competition is 
extremely limited.
Intra-market Competition
    The Exchange's proposal to replace certain percentage thresholds in 
note 5 of Options 7, Section 2 with new percentage thresholds related 
to the Non-Penny Options Fee for Adding Liquidity and the Non-Penny 
Rebates to Add Liquidity and increase the $0.20 per contract Non-Penny 
Rebate to Add Liquidity does not impose an undue burden on competition 
because the Exchange will apply the proposed requirements uniformly to 
all qualifying NOM Market Makers. Additionally, all NOM Market Makers 
that qualify for the increased $0.30 per contract Non-Penny Rebate to 
Add Liquidity would be paid

[[Page 40444]]

the rebate uniformly. NOM Market Maker add value through continuous 
quoting and the commitment of capital.\16\ Because NOM Market Makers 
have these obligations to the market and regulatory requirements that 
normally do not apply to other market participants, the Exchange 
believes that offering the note 5 incentives to only NOM Market Makers 
does not impose an undue burden on competition in light of their 
obligations. Finally, encouraging NOM Market Makers to add greater 
liquidity benefits all market participants in the quality of order 
interaction.
---------------------------------------------------------------------------

    \16\ See Options 2, Sections 4 and 5.
---------------------------------------------------------------------------

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    No written comments were either solicited or received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    The foregoing rule change has become effective pursuant to Section 
19(b)(3)(A)(ii) of the Act.\17\
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is: (i) 
necessary or appropriate in the public interest; (ii) for the 
protection of investors; or (iii) otherwise in furtherance of the 
purposes of the Act. If the Commission takes such action, the 
Commission shall institute proceedings to determine whether the 
proposed rule should be approved or disapproved.

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

    <bullet> Use the Commission's internet comment form (<a href="https://www.sec.gov/rules/sro.shtml">https://www.sec.gov/rules/sro.shtml</a>); or
    <bullet> Send an email to <a href="/cdn-cgi/l/email-protection#641611080149070b0909010a1017241701074a030b12"><span class="__cf_email__" data-cfemail="087a7d646d256b6765656d667c7b487b6d6b266f677e">[email&#160;protected]</span></a>. Please include 
file number SR-NASDAQ-2025-058 on the subject line.

Paper Comments

    <bullet> Send paper comments in triplicate to Secretary, Securities 
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.

All submissions should refer to file number SR-NASDAQ-2025-058. This 
file number should be included on the subject line if email 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 website (<a href="https://www.sec.gov/rules/sro.shtml">https://www.sec.gov/rules/sro.shtml</a>). Copies of the filing will be available for inspection and 
copying at the principal office of the Exchange. Do not include 
personal identifiable information in submissions; you should submit 
only information that you wish to make available publicly. We may 
redact in part or withhold entirely from publication submitted material 
that is obscene or subject to copyright protection. All submissions 
should refer to file number SR-NASDAQ-2025-058 and should be submitted 
on or before September 9, 2025.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\18\
---------------------------------------------------------------------------

    \18\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2025-15738 Filed 8-18-25; 8:45 am]
BILLING CODE 8011-01-P


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Indexed from Federal Register on August 19, 2025.

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