Proposed Rule Change to Adopt FINRA Rule 7640A (Data Products Offered By Nasdaq)

Financial Industry Regulatory Authority, Inc. ("FINRA") (f/k/a National Association of Securities Dealers, Inc. ("NASD")) is filing with the Securities and Exchange Commission ("SEC" or "Commission") a proposed rule change to adopt FINRA Rule 7640A (Data Products Offered By Nasdaq) to (1) describe FINRA's practices relating to the distribution of market data for over-the-counter ("OTC") transactions in NMS stocks generated through the operation of the FINRA/Nasdaq Trade Reporting Facility ("FINRA/Nasdaq TRF") by The NASDAQ OMX Group, Inc. ("NASDAQ OMX") and its affiliate, The NASDAQ Stock Market LLC ("Nasdaq"); and (2) identify Nasdaq rules relating to products that distribute FINRA/Nasdaq TRF data to third parties, and specifically Nasdaq Rules 7039 (Nasdaq Last Sale Data Feeds), 7047 (Nasdaq Basic) and 7037 (Nasdaq FilterView Service).