Proposed Amendments to Section 3 of Schedule A to the NASD By-Laws to Require the Reporting of Transactions Subject to a Regulatory Transaction Fee in an Automated Manner

NASD is filing with the Securities and Exchange Commission ("SEC" or "Commission") a proposed rule change to require members to report all transactions that must be reported to NASD and that are subject to a regulatory transaction fee pursuant to Section 3 of Schedule A to the NASD By-Laws to the Nasdaq Market Center ("NMC") and/or the Trade Reporting and Comparison Service ("TRACS"); provided, however, that odd-lot transactions, transactions where the buyer and seller have agreed to a price substantially unrelated to the current market for the security (also referred to as "away from the market sales"), and purchases or sales of securities effected upon the exercise of an over-the-counter ("OTC") option, as well as other identified transactions, shall not be reported for publication purposes.  In addition, NASD is proposing new provisions in Rules 6130 and 6130A that expressly require members to report odd-lot transactions, away from the market sales, and OTC options with a special indicator denoting that such transactions are reported in accordance with Section 3 of Schedule A to the NASD By-Laws.