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Notice02-136232002-05-31

Self-Regulatory Organizations; Notice of Filing of Proposed Rule Change by National Association of Securities Dealers, Inc. Relating to Permanent Approval of the Primex Auction System ®

Securities and Exchange Commission

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Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Securities and Exchange Commission [Release No. 34-45983; File No. SR-NASD-2002-60] 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 May 1, 2002, the National Association of Securities Dealers, Inc. (“NASD”), through its subsidiary, The Nasdaq Stock Market, Inc. (“Nasdaq”), filed with the Securities and Exchange Commission (“SEC” or “Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been prepared by Nasdaq. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change Nasdaq is seeking permanent approval of its application of the Primex ( printed page 38153) Auction System ® (“Primex” or “System”). The System began operating as a Pilot Trading System on December 17, 2001, pursuant to Rule 19b-5 of the Act. [ 3 ] Pursuant to paragraph (f) of Rule 19b-5 of the Act, [ 4 ] Nasdaq has filed a companion proposed rule change to continue operating the System while the Commission considers granting permanent approval. [ 5 ] The companion proposed rule change is effective upon filing. The Exchange represents that the proposed rule language contained in the companion filing and set forth below is identical and

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Citation: 67 FR 38152