80_FR_28853 80 FR 28757 - Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Modify NASDAQ Rule 7018 Governing Fees and Credits Assessed For Execution and Routing

80 FR 28757 - Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Modify NASDAQ Rule 7018 Governing Fees and Credits Assessed For Execution and Routing

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 96 (May 19, 2015)

Page Range28757-28759
FR Document2015-12015

Federal Register, Volume 80 Issue 96 (Tuesday, May 19, 2015)
[Federal Register Volume 80, Number 96 (Tuesday, May 19, 2015)]
[Notices]
[Pages 28757-28759]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-12015]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74946; File No. SR-NASDAQ-2015-052]


Self-Regulatory Organizations; The NASDAQ Stock Market LLC; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To 
Modify NASDAQ Rule 7018 Governing Fees and Credits Assessed For 
Execution and Routing

May 13, 2015.
    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 7, 2015, 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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the 
Substance of the Proposed Rule Change

    The Exchange proposes to modify NASDAQ Rule 7018(a)(1), (2), and 
(3), governing fees and credits assessed for execution and routing 
securities listed on NASDAQ (subsection 1), the New York Stock Exchange 
(``NYSE'') (subsection 2) and on exchanges other than NASDAQ and NYSE 
(subsection 3). NASDAQ will implement the proposed fees on May 1, 2015.
    The text of the proposed rule change is available on the Exchange's 
Web site at http://nasdaq.cchwallstreet.com, at the principal office of 
the Exchange, and at the Commission's Public Reference Room.

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
    NASDAQ is proposing to amend NASDAQ Rule 7018(1), (2) and (3) to 
modify fees assessed for execution and routing securities listed on 
NASDAQ (``Tape C''), NYSE (``Tape A'') and on exchanges other than 
NASDAQ and the NYSE (``Tape B''), respectively, (together, the 
``Tapes''). The Exchange is proposing two categories of changes to 
credits paid regarding midpoint liquidity: (1) Changes to the 
calculation of Equity and Options-linked volume when the Exchange pays 
rebates to members that provide liquidity via midpoint orders that are 
executed; and (2) adding a tier of credits for midpoint liquidity 
provided via non-displayed orders that are executed. These changes are 
described in greater detail below.
    Equity and Options-Linked Volume. With respect to credits paid for 
members adding liquidity via midpoint orders, the Exchange currently 
pays a credit of $0.0030 per share executed for members (i) with shares 
of liquidity provided in all securities during the month representing 
at least 0.40% of Consolidated Volume during the month, through one or 
more of its Nasdaq Market Center MPIDs, and (ii) that qualifies for the 
Nasdaq Options Market Customer and Professional Rebate to add Liquidity 
in Penny Pilot Options Tier 8 under Chapter XV, Section 2 of the Nasdaq 
Options Market rules during the month through one or more of its Nasdaq 
Options Market MPIDs. The Tier 8 program requires that a ``Participant 
adds Customer, Professional, Firm, Non-NOM Market Maker and/or Broker-
Dealer liquidity in Penny Pilot Options and/or Non-Penny Pilot Options 
of 0.75% or more of total industry customer equity and ETF option ADV 
contracts per day in a month.'' The Tier 8 credit is designed to reward 
members that add liquidity broadly across NASDAQ's equity and options 
trading platform whether for trading NASDAQ, NYSE or Amex or other 
exchange-listed securities.
    NASDAQ is proposing to retain the credit rate of $0.0030 for this 
activity tier and to modify the volume calculations for both equity and 
options volume for securities on all three Tapes. First, the Exchange 
is increasing the required percentage of Consolidated Volume of 
equities executed from 0.40 percent to 0.60 percent per member for one 
or more of that member's MPIDs. Second, NASDAQ is retaining the 
existing link between equities and options trading, but it is modifying 
the measure of options volume. Specifically, the Exchange is modifying 
the rule to incorporate language from the Liquidity in Penny Pilot 
Options Tier 8 under Chapter XV, Section 2 of the Nasdaq Options 
Market. Additionally, the Exchange plans to credit members that add 
liquidity of 1.25 percent or more of average daily volume (``ADV'') for 
the industry in the customer clearing range \3\ in Equity and ETF 
Options \4\ based upon volume added by that member in the Customer,\5\ 
Professional,\6\ Firm,\7\ Non-NOM Market Maker \8\ and Broker-Dealer 
\9\ classifications as those classifications are defined in NOM rules.
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    \3\ The term ``customer clearing range'' refers to a clearing 
designation determined by the Options Clearing Corporation that 
applies throughout the options industry.
    \4\ This proposed rule change applies to the same categories of 
options (Penny Pilot, Non-Penny Pilot, Equity and ETF options) and 
the same participant liquidity (Customer, Professional, Firm, Non-
NOM Market Maker and Broker-Dealer) that are identified in Chapter 
XV, Section 2 of the Nasdaq Options Market Rules, Tier 8.
    \5\ As defined in Chapter XV of the Nasdaq Options Market Rules, 
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 Chapter I, Section 1(a)(48)).
    \6\ As defined in Chapter XV of the Nasdaq Options Market Rules, 
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 Chapter 
I, Section 1(a)(48). All Professional orders shall be appropriately 
marked by Participants.
    \7\ As defined in Chapter XV of the Nasdaq Options Market Rules, 
the term ``Firm'' or (``F'') applies to any transaction that is 
identified by a Participant for clearing in the Firm range at OCC.
    \8\ As defined in Chapter XV of the Nasdaq Options Market Rules, 
the term ``Non-NOM Market Maker'' or (``O'') is a registered market 
maker on another options exchange that is not a NOM Market Maker. A 
Non-NOM Market Maker must append the proper Non-NOM Market Maker 
designation to orders routed to NOM.
    \9\ As defined in Chapter XV of the Nasdaq Options Market Rules, 
the term ``Broker-Dealer'' or (``B'') applies to any transaction 
which is not subject to any of the other transaction fees applicable 
within a particular category.
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    Non-Displayed Volume. Currently, NASDAQ Rule 7018 provides for 
credits for the execution of non-displayed liquidity (other than via 
Supplemental

[[Page 28758]]

Orders) when the member provides certain levels of liquidity and also 
provides certain levels of options liquidity simultaneously. The 
credits currently range from $0.0025 to $0.0005 depending upon the 
orders types used and the amount of liquidity provided, where midpoint 
liquidity is highest valued.
    The Exchange is modifying three rebate tiers and adding a new 
rebate tier across Tapes A and B only; Tape C securities will remain 
unmodified. Specifically, the Exchange will raise the credit from 
$0.0020 to $0.0022 per share executed for midpoint orders if the member 
provides an average daily volume of 6 million or more shares through 
midpoint orders during the month, and from $0.0017 to $0.0020 per share 
executed for midpoint orders if the member provides an average daily 
volume between 5 million and less than 6 million shares through 
midpoint orders during the month. Additionally, the Exchange is adding 
a new rebate tier of $0.0018 per share executed for midpoint orders if 
the member provides an average daily volume between 1 million and less 
than 5 million shares through midpoint orders during the month Finally, 
the Exchange is retaining the rebate tier of $0.0014 per share executed 
for midpoint orders but lowering the volume requirement from 5 million 
to 1 million shares average daily volume of midpoint liquidity provided 
during the month.
2. Statutory Basis
    NASDAQ believes that the proposed rule change is consistent with 
the provisions of Section 6 of the Act,\10\ in general, and with 
Sections 6(b)(4) and 6(b)(5) of the Act,\11\ 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 or system which NASDAQ operates or controls, and is not 
designed to permit unfair discrimination between customers, issuers, 
brokers, or dealers.
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    \10\ 15 U.S.C. 78f.
    \11\ 15 U.S.C. 78f(b)(4) and (5).
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    NASDAQ believes that the changes across all tapes to the 
calculation of the Equity and Options-linked credit of $0.0030 for 
members that provide midpoint liquidity are reasonable, equitably 
allocated and not unfairly discriminatory. First, it is reasonable and 
equitable to increase the required percentage of Consolidated Volume of 
equities executed from 0.40 percent to 0.60 percent per member for one 
or more of that member's MPIDs. This change is designed to create 
incentives for members to add additional liquidity to the NASDAQ Market 
Center. Liquidity is critical to the trading efficiency and quality of 
the exchange, and changes to enhance liquidity should be viewed 
favorably by all participants. This change will be applied equally to 
all similarly situated members and therefore should not be considered 
discriminatory, much less unfairly discriminatory.
    NASDAQ also believes that it is reasonable, equitably allocated and 
not unfairly discriminatory to retain the existing link between 
equities and options trading, to modify the measure of options volume. 
As with the previous change, the Exchange is requiring members to add 
additional liquidity (1.25 versus 0.75 percent of ADV), and to apply 
the same numerator (volume added by that member in the Customer, 
Professional, Firm, Non-NOM Market Maker and Broker-Dealer 
classifications) and denominator (total volume in the customer clearing 
range in Equity and ETF Options) for that calculation. Again, it is 
important for the Exchange to encourage members to add liquidity to the 
platforms NASDAQ operates and fair to modify fees to accomplish that 
important goal.
    The Exchange also believes it is reasonable, equitably allocated 
and not unfairly discriminatory to adjust rebate tiers for non-
displayed liquidity for Tapes A and B. NASDAQ notes that each of the 
four changes results in higher rebates per executed share in the future 
for the same volume of shares previously executed. Three of the four 
changes are modifications to existing tiers and the fourth is the 
insertion of a new volume tier, each of which is designed to reward 
more generously the provision of midpoint liquidity on NASDAQ. Midpoint 
liquidity is valuable to the efficient operation and competitiveness of 
the Exchange, and particularly beneficial to investors matching at the 
midpoint.
    NASDAQ believes it is not unfairly discriminatory to apply these 
changes to Tapes A and B versus Tape C because they will be absolute 
rather than relative requirements. As an absolute standard, the 
liquidity requirements will apply uniformly to all Market Makers 
eligible to participate in the program. All members have incentives 
available and equal opportunity to earn the higher rebates for adding 
more liquidity in Tapes A and B securities. NASDAQ has determined that 
modifying the incentives is more necessary for Tape A and B securities 
than for Tape C securities due to differences in NASDAQ's share of 
trading and the total volume traded in the market. If NASDAQ's 
determination is incorrect, NASDAQ would expect its share of trading in 
Tape C securities to decline due to intense competition in the market.
    Further, all participants may qualify to be eligible for these 
rebates, provided they transact the requisite amount of liquidity. It 
is reasonable to emphasize customer liquidity in options trading 
because it offers unique benefits to the market, which benefits all 
market participants. Customer liquidity benefits all options market 
participants by providing more trading opportunities, which attracts 
market makers. An increase in the activity of these market participants 
in turn facilitates tighter spreads, which may cause an additional 
corresponding increase in order flow from other market participants.

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

    NASDAQ does not believe that the proposed rule changes will result 
in any burden on competition that is not necessary or appropriate in 
furtherance of the purposes of the Act, as amended.\12\ NASDAQ 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, 
NASDAQ must continually adjust its fees to remain competitive with 
other exchanges and with alternative trading systems that have been 
exempted from compliance with the statutory standards applicable to 
exchanges. Because competitors are free to modify their own fees in 
response, and because market participants may readily adjust their 
order routing practices, NASDAQ believes that the degree to which fee 
changes in this market may impose any burden on competition is 
extremely limited.
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    \12\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

    In this instance, the changes to liquidity credits for midpoint 
liquidity and to equity and options-lined credits do not impose a 
burden on competition because NASDAQ's execution services are 
completely voluntary and subject to extensive competition both from 
other exchanges and from off-exchange venues. In sum, if the changes 
proposed herein are unattractive to market participants, it is likely 
that NASDAQ will lose market share as a result. Accordingly, NASDAQ 
does not believe that the proposed changes will impair the ability of 
members or competing order execution venues to maintain

[[Page 28759]]

their competitive standing in the financial markets.

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.\13\
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    \13\ 15 U.S.C. 78s(b)(3)(A)(ii).
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    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

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-NASDAQ-2015-052 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields, 
Secretary, Securities and Exchange Commission, 100 F Street NE., 
Washington, DC 20549-1090.

All submissions should refer to File Number SR-NASDAQ-2015-052. 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 Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549 on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available 
for inspection and copying at the principal offices of the Exchange. 
All comments received will be posted without change; the Commission 
does not edit personal identifying information from submissions. You 
should submit only information that you wish to make available 
publicly. All submissions should refer to File Number SR-NASDAQ-2015-
052, and should be submitted on or before June 9, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\14\

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    \14\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-12015 Filed 5-18-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                                             Federal Register / Vol. 80, No. 96 / Tuesday, May 19, 2015 / Notices                                                        28757

                                                For the Commission, by the Division of                the proposed rule change and discussed                tier and to modify the volume
                                              Trading and Markets, pursuant to delegated              any comments it received on the                       calculations for both equity and options
                                              authority.29                                            proposed rule change. The text of these               volume for securities on all three Tapes.
                                              Robert W. Errett,                                       statements may be examined at the                     First, the Exchange is increasing the
                                              Deputy Secretary.                                       places specified in Item IV below. The                required percentage of Consolidated
                                              [FR Doc. 2015–12022 Filed 5–18–15; 8:45 am]             Exchange has prepared summaries, set                  Volume of equities executed from 0.40
                                              BILLING CODE 8011–01–P                                  forth in sections A, B, and C below, of               percent to 0.60 percent per member for
                                                                                                      the most significant aspects of such                  one or more of that member’s MPIDs.
                                                                                                      statements.                                           Second, NASDAQ is retaining the
                                              SECURITIES AND EXCHANGE                                                                                       existing link between equities and
                                              COMMISSION                                              A. Self-Regulatory Organization’s                     options trading, but it is modifying the
                                                                                                      Statement of the Purpose of, and                      measure of options volume.
                                              [Release No. 34–74946; File No. SR–                     Statutory Basis for, the Proposed Rule
                                              NASDAQ–2015–052]                                                                                              Specifically, the Exchange is modifying
                                                                                                      Change                                                the rule to incorporate language from
                                              Self-Regulatory Organizations; The                      1. Purpose                                            the Liquidity in Penny Pilot Options
                                              NASDAQ Stock Market LLC; Notice of                                                                            Tier 8 under Chapter XV, Section 2 of
                                                                                                         NASDAQ is proposing to amend
                                              Filing and Immediate Effectiveness of                                                                         the Nasdaq Options Market.
                                                                                                      NASDAQ Rule 7018(1), (2) and (3) to
                                              Proposed Rule Change To Modify                                                                                Additionally, the Exchange plans to
                                                                                                      modify fees assessed for execution and
                                              NASDAQ Rule 7018 Governing Fees                                                                               credit members that add liquidity of
                                                                                                      routing securities listed on NASDAQ
                                              and Credits Assessed For Execution                                                                            1.25 percent or more of average daily
                                                                                                      (‘‘Tape C’’), NYSE (‘‘Tape A’’) and on
                                              and Routing                                                                                                   volume (‘‘ADV’’) for the industry in the
                                                                                                      exchanges other than NASDAQ and the
                                                                                                                                                            customer clearing range 3 in Equity and
                                              May 13, 2015.                                           NYSE (‘‘Tape B’’), respectively,
                                                                                                                                                            ETF Options 4 based upon volume
                                                 Pursuant to Section 19(b)(1) of the                  (together, the ‘‘Tapes’’). The Exchange is            added by that member in the Customer,5
                                              Securities Exchange Act of 1934                         proposing two categories of changes to                Professional,6 Firm,7 Non-NOM Market
                                              (‘‘Act’’),1 and Rule 19b–4 thereunder,2                 credits paid regarding midpoint                       Maker 8 and Broker-Dealer 9
                                              notice is hereby given that on May 7,                   liquidity: (1) Changes to the calculation             classifications as those classifications
                                              2015, The NASDAQ Stock Market LLC                       of Equity and Options-linked volume                   are defined in NOM rules.
                                              (‘‘Nasdaq’’ or ‘‘Exchange’’) filed with the             when the Exchange pays rebates to                        Non-Displayed Volume. Currently,
                                              Securities and Exchange Commission                      members that provide liquidity via                    NASDAQ Rule 7018 provides for credits
                                              (‘‘SEC’’ or ‘‘Commission’’) the proposed                midpoint orders that are executed; and                for the execution of non-displayed
                                              rule change as described in Items I, II,                (2) adding a tier of credits for midpoint             liquidity (other than via Supplemental
                                              and III, below, which Items have been                   liquidity provided via non-displayed
                                              prepared by the Exchange. The                           orders that are executed. These changes                  3 The term ‘‘customer clearing range’’ refers to a

                                              Commission is publishing this notice to                 are described in greater detail below.                clearing designation determined by the Options
                                                                                                         Equity and Options-Linked Volume.                  Clearing Corporation that applies throughout the
                                              solicit comments on the proposed rule                                                                         options industry.
                                                                                                      With respect to credits paid for
                                              change from interested persons.                                                                                  4 This proposed rule change applies to the same
                                                                                                      members adding liquidity via midpoint                 categories of options (Penny Pilot, Non-Penny Pilot,
                                              I. Self-Regulatory Organization’s                       orders, the Exchange currently pays a                 Equity and ETF options) and the same participant
                                              Statement of the Terms of the Substance                 credit of $0.0030 per share executed for              liquidity (Customer, Professional, Firm, Non-NOM
                                              of the Proposed Rule Change                             members (i) with shares of liquidity                  Market Maker and Broker-Dealer) that are identified
                                                                                                                                                            in Chapter XV, Section 2 of the Nasdaq Options
                                                 The Exchange proposes to modify                      provided in all securities during the                 Market Rules, Tier 8.
                                              NASDAQ Rule 7018(a)(1), (2), and (3),                   month representing at least 0.40% of                     5 As defined in Chapter XV of the Nasdaq Options

                                              governing fees and credits assessed for                 Consolidated Volume during the month,                 Market Rules, the term ‘‘Customer’’ or (‘‘C’’) applies
                                                                                                      through one or more of its Nasdaq                     to any transaction that is identified by a Participant
                                              execution and routing securities listed                                                                       for clearing in the Customer range at The Options
                                              on NASDAQ (subsection 1), the New                       Market Center MPIDs, and (ii) that                    Clearing Corporation (‘‘OCC’’) which is not for the
                                              York Stock Exchange (‘‘NYSE’’)                          qualifies for the Nasdaq Options Market               account of broker or dealer or for the account of a
                                              (subsection 2) and on exchanges other                   Customer and Professional Rebate to                   ‘‘Professional’’ (as that term is defined in Chapter
                                                                                                      add Liquidity in Penny Pilot Options                  I, Section 1(a)(48)).
                                              than NASDAQ and NYSE (subsection                                                                                 6 As defined in Chapter XV of the Nasdaq Options

                                              3). NASDAQ will implement the                           Tier 8 under Chapter XV, Section 2 of                 Market Rules, the term ‘‘Professional’’ or (‘‘P’’)
                                              proposed fees on May 1, 2015.                           the Nasdaq Options Market rules during                means any person or entity that (i) is not a broker
                                                 The text of the proposed rule change                 the month through one or more of its                  or dealer in securities, and (ii) places more than 390
                                                                                                      Nasdaq Options Market MPIDs. The Tier                 orders in listed options per day on average during
                                              is available on the Exchange’s Web site                                                                       a calendar month for its own beneficial account(s)
                                              at http://nasdaq.cchwallstreet.com, at                  8 program requires that a ‘‘Participant               pursuant to Chapter I, Section 1(a)(48). All
                                              the principal office of the Exchange, and               adds Customer, Professional, Firm, Non-               Professional orders shall be appropriately marked
                                              at the Commission’s Public Reference                    NOM Market Maker and/or Broker-                       by Participants.
                                                                                                                                                               7 As defined in Chapter XV of the Nasdaq Options
                                              Room.                                                   Dealer liquidity in Penny Pilot Options
                                                                                                                                                            Market Rules, the term ‘‘Firm’’ or (‘‘F’’) applies to
                                                                                                      and/or Non-Penny Pilot Options of                     any transaction that is identified by a Participant for
                                              II. Self-Regulatory Organization’s                      0.75% or more of total industry                       clearing in the Firm range at OCC.
                                              Statement of the Purpose of, and                        customer equity and ETF option ADV                       8 As defined in Chapter XV of the Nasdaq Options

                                              Statutory Basis for, the Proposed Rule                  contracts per day in a month.’’ The Tier              Market Rules, the term ‘‘Non-NOM Market Maker’’
                                              Change                                                  8 credit is designed to reward members                or (‘‘O’’) is a registered market maker on another
                                                                                                                                                            options exchange that is not a NOM Market Maker.
tkelley on DSK3SPTVN1PROD with NOTICES




                                                In its filing with the Commission, the                that add liquidity broadly across                     A Non-NOM Market Maker must append the proper
                                              Exchange included statements                            NASDAQ’s equity and options trading                   Non-NOM Market Maker designation to orders
                                                                                                      platform whether for trading NASDAQ,                  routed to NOM.
                                              concerning the purpose of and basis for                                                                          9 As defined in Chapter XV of the Nasdaq Options
                                                                                                      NYSE or Amex or other exchange-listed
                                                                                                                                                            Market Rules, the term ‘‘Broker-Dealer’’ or (‘‘B’’)
                                                29 17 CFR 200.30–3(a)(12).                            securities.                                           applies to any transaction which is not subject to
                                                1 15 U.S.C. 78s(b)(1).                                   NASDAQ is proposing to retain the                  any of the other transaction fees applicable within
                                                2 17 CFR 240.19b–4.                                   credit rate of $0.0030 for this activity              a particular category.



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                                              28758                                 Federal Register / Vol. 80, No. 96 / Tuesday, May 19, 2015 / Notices

                                              Orders) when the member provides                           for members to add additional liquidity               NASDAQ’s determination is incorrect,
                                              certain levels of liquidity and also                       to the NASDAQ Market Center.                          NASDAQ would expect its share of
                                              provides certain levels of options                         Liquidity is critical to the trading                  trading in Tape C securities to decline
                                              liquidity simultaneously. The credits                      efficiency and quality of the exchange,               due to intense competition in the
                                              currently range from $0.0025 to $0.0005                    and changes to enhance liquidity should               market.
                                              depending upon the orders types used                       be viewed favorably by all participants.                 Further, all participants may qualify
                                              and the amount of liquidity provided,                      This change will be applied equally to                to be eligible for these rebates, provided
                                              where midpoint liquidity is highest                        all similarly situated members and                    they transact the requisite amount of
                                              valued.                                                    therefore should not be considered                    liquidity. It is reasonable to emphasize
                                                 The Exchange is modifying three                         discriminatory, much less unfairly                    customer liquidity in options trading
                                              rebate tiers and adding a new rebate tier                  discriminatory.                                       because it offers unique benefits to the
                                              across Tapes A and B only; Tape C                             NASDAQ also believes that it is                    market, which benefits all market
                                              securities will remain unmodified.                         reasonable, equitably allocated and not               participants. Customer liquidity benefits
                                              Specifically, the Exchange will raise the                  unfairly discriminatory to retain the                 all options market participants by
                                              credit from $0.0020 to $0.0022 per share                   existing link between equities and                    providing more trading opportunities,
                                              executed for midpoint orders if the                        options trading, to modify the measure                which attracts market makers. An
                                              member provides an average daily                           of options volume. As with the previous               increase in the activity of these market
                                              volume of 6 million or more shares                         change, the Exchange is requiring                     participants in turn facilitates tighter
                                              through midpoint orders during the                         members to add additional liquidity                   spreads, which may cause an additional
                                              month, and from $0.0017 to $0.0020 per                     (1.25 versus 0.75 percent of ADV), and                corresponding increase in order flow
                                              share executed for midpoint orders if                      to apply the same numerator (volume                   from other market participants.
                                              the member provides an average daily                       added by that member in the Customer,
                                                                                                                                                               B. Self-Regulatory Organization’s
                                              volume between 5 million and less than                     Professional, Firm, Non-NOM Market
                                                                                                                                                               Statement on Burden on Competition
                                              6 million shares through midpoint                          Maker and Broker-Dealer classifications)
                                              orders during the month. Additionally,                     and denominator (total volume in the                     NASDAQ does not believe that the
                                              the Exchange is adding a new rebate tier                   customer clearing range in Equity and                 proposed rule changes will result in any
                                              of $0.0018 per share executed for                          ETF Options) for that calculation.                    burden on competition that is not
                                              midpoint orders if the member provides                     Again, it is important for the Exchange               necessary or appropriate in furtherance
                                              an average daily volume between 1                          to encourage members to add liquidity                 of the purposes of the Act, as
                                              million and less than 5 million shares                     to the platforms NASDAQ operates and                  amended.12 NASDAQ notes that it
                                              through midpoint orders during the                         fair to modify fees to accomplish that                operates in a highly competitive market
                                              month Finally, the Exchange is retaining                   important goal.                                       in which market participants can
                                              the rebate tier of $0.0014 per share                          The Exchange also believes it is                   readily favor competing venues if they
                                              executed for midpoint orders but                           reasonable, equitably allocated and not               deem fee levels at a particular venue to
                                              lowering the volume requirement from                       unfairly discriminatory to adjust rebate              be excessive, or rebate opportunities
                                              5 million to 1 million shares average                      tiers for non-displayed liquidity for                 available at other venues to be more
                                              daily volume of midpoint liquidity                         Tapes A and B. NASDAQ notes that                      favorable. In such an environment,
                                              provided during the month.                                 each of the four changes results in                   NASDAQ must continually adjust its
                                                                                                         higher rebates per executed share in the              fees to remain competitive with other
                                              2. Statutory Basis                                         future for the same volume of shares                  exchanges and with alternative trading
                                                 NASDAQ believes that the proposed                       previously executed. Three of the four                systems that have been exempted from
                                              rule change is consistent with the                         changes are modifications to existing                 compliance with the statutory standards
                                              provisions of Section 6 of the Act,10 in                   tiers and the fourth is the insertion of a            applicable to exchanges. Because
                                              general, and with Sections 6(b)(4) and                     new volume tier, each of which is                     competitors are free to modify their own
                                              6(b)(5) of the Act,11 in particular, in that               designed to reward more generously the                fees in response, and because market
                                              it provides for the equitable allocation                   provision of midpoint liquidity on                    participants may readily adjust their
                                              of reasonable dues, fees and other                         NASDAQ. Midpoint liquidity is                         order routing practices, NASDAQ
                                              charges among members and issuers and                      valuable to the efficient operation and               believes that the degree to which fee
                                              other persons using any facility or                        competitiveness of the Exchange, and                  changes in this market may impose any
                                              system which NASDAQ operates or                            particularly beneficial to investors                  burden on competition is extremely
                                              controls, and is not designed to permit                    matching at the midpoint.                             limited.
                                              unfair discrimination between                                 NASDAQ believes it is not unfairly                    In this instance, the changes to
                                              customers, issuers, brokers, or dealers.                   discriminatory to apply these changes to              liquidity credits for midpoint liquidity
                                                 NASDAQ believes that the changes                        Tapes A and B versus Tape C because                   and to equity and options-lined credits
                                              across all tapes to the calculation of the                 they will be absolute rather than relative            do not impose a burden on competition
                                              Equity and Options-linked credit of                        requirements. As an absolute standard,                because NASDAQ’s execution services
                                              $0.0030 for members that provide                           the liquidity requirements will apply                 are completely voluntary and subject to
                                              midpoint liquidity are reasonable,                         uniformly to all Market Makers eligible               extensive competition both from other
                                              equitably allocated and not unfairly                       to participate in the program. All                    exchanges and from off-exchange
                                              discriminatory. First, it is reasonable                    members have incentives available and                 venues. In sum, if the changes proposed
                                              and equitable to increase the required                     equal opportunity to earn the higher                  herein are unattractive to market
                                              percentage of Consolidated Volume of                       rebates for adding more liquidity in                  participants, it is likely that NASDAQ
tkelley on DSK3SPTVN1PROD with NOTICES




                                              equities executed from 0.40 percent to                     Tapes A and B securities. NASDAQ has                  will lose market share as a result.
                                              0.60 percent per member for one or                         determined that modifying the                         Accordingly, NASDAQ does not believe
                                              more of that member’s MPIDs. This                          incentives is more necessary for Tape A               that the proposed changes will impair
                                              change is designed to create incentives                    and B securities than for Tape C                      the ability of members or competing
                                                                                                         securities due to differences in                      order execution venues to maintain
                                                10 15   U.S.C. 78f.                                      NASDAQ’s share of trading and the total
                                                11 15   U.S.C. 78f(b)(4) and (5).                        volume traded in the market. If                         12 15   U.S.C. 78f(b)(8).



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                                                                                   Federal Register / Vol. 80, No. 96 / Tuesday, May 19, 2015 / Notices                                                 28759

                                              their competitive standing in the                          communications relating to the                         established pursuant to Executive Order
                                              financial markets.                                         proposed rule change between the                       13540 and focused on coordinating the
                                                                                                         Commission and any person, other than                  efforts of Federal agencies to improve
                                              C. Self-Regulatory Organization’s
                                                                                                         those that may be withheld from the                    capital, business development
                                              Statement on Comments on the
                                                                                                         public in accordance with the                          opportunities and pre- established
                                              Proposed Rule Change Received From
                                                                                                         provisions of 5 U.S.C. 552, will be                    Federal contracting goals for small
                                              Members, Participants, or Others
                                                                                                         available for Web site viewing and                     business concerns owned and
                                                No written comments were either                          printing in the Commission’s Public                    controlled by veterans (VOB’s) and
                                              solicited or received.                                     Reference Room, 100 F Street NE.,                      service-disabled veterans (SDVOSB’S).
                                              III. Date of Effectiveness of the                          Washington, DC 20549 on official                       Moreover, the Task Force shall
                                              Proposed Rule Change and Timing for                        business days between the hours of                     coordinate administrative and
                                              Commission Action                                          10:00 a.m. and 3:00 p.m. Copies of such                regulatory activities and develop
                                                                                                         filing also will be available for                      proposals relating to ‘‘six focus areas’’:
                                                 The foregoing rule change has become                    inspection and copying at the principal                (1) Access to capital (loans, surety
                                              effective pursuant to Section                              offices of the Exchange. All comments                  bonding and franchising); (2) Ensure
                                              19(b)(3)(A)(ii) of the Act.13                              received will be posted without change;                achievement of pre-established
                                                 At any time within 60 days of the                       the Commission does not edit personal                  contracting goals, including mentor
                                              filing of the proposed rule change, the                    identifying information from                           protégé and matching with contracting
                                              Commission summarily may                                   submissions. You should submit only                    opportunities; (3) Increase the integrity
                                              temporarily suspend such rule change if                    information that you wish to make                      of certifications of status as a small
                                              it appears to the Commission that such                     available publicly. All submissions                    business; (4) Reducing paperwork and
                                              action is: (i) Necessary or appropriate in                 should refer to File Number SR–                        administrative burdens in accessing
                                              the public interest; (ii) for the protection               NASDAQ–2015–052, and should be                         business development and
                                              of investors; or (iii) otherwise in                        submitted on or before June 9, 2015.                   entrepreneurship opportunities; (5)
                                              furtherance of the purposes of the Act.                                                                           Increasing and improving training and
                                              If the Commission takes such action, the                     For the Commission, by the Division of
                                                                                                         Trading and Markets, pursuant to delegated             counseling services; and (6) Making
                                              Commission shall institute proceedings                                                                            other improvements to support veteran’s
                                                                                                         authority.14
                                              to determine whether the proposed rule                                                                            business development by the Federal
                                              should be approved or disapproved.                                                                                government.
                                                                                                         Robert W. Errett,
                                              IV. Solicitation of Comments                               Deputy Secretary.                                        Additional Information: Advance
                                                Interested persons are invited to                        [FR Doc. 2015–12015 Filed 5–18–15; 8:45 am]            notice of attendance is requested.
                                              submit written data, views, and                            BILLING CODE 8011–01–P                                 Anyone wishing to attend and/or make
                                              arguments concerning the foregoing,                                                                               a presentation to the Task Force must
                                              including whether the proposed rule                                                                               contact Cheryl Simms by June 5, 2015
                                              change is consistent with the Act.                         SMALL BUSINESS ADMINISTRATION                          by email in order to be placed on the
                                              Comments may be submitted by any of                                                                               agenda. Comments for the record should
                                              the following methods:                                     Interagency Task Force on Veterans                     be applicable to the ‘‘six focus areas’’ of
                                                                                                         Small Business Development; Federal                    the Task Force and emailed prior to the
                                              Electronic Comments                                        Register Meeting Notice                                meeting for inclusion in the public
                                                • Use the Commission’s Internet                                                                                 record. Comments will be limited to five
                                              comment form (http://www.sec.gov/                          AGENCY:  U.S. Small Business                           minutes in the interest of time and to
                                              rules/sro.shtml); or                                       Administration.                                        accommodate as many presenters as
                                                • Send an email to rule-comments@                        ACTION: Notice of open Federal                         possible. Written comments should be
                                              sec.gov. Please include File Number SR–                    Interagency Task Force meeting.                        emailed to Cheryl Simms, Program
                                              NASDAQ–2015–052 on the subject line.                                                                              Liaison for the Task Force, Office of
                                                                                                         DATES:  Date and Time: June 11, 2015,                  Veterans Business Development at
                                              Paper Comments                                             from 9:00 a.m. to 12:00 noon.                          vetstaskforce@sba.gov. If participants
                                                 • Send paper comments in triplicate                     ADDRESSES: SBA Headquarters, 409 3rd                   need accommodations because of a
                                              to Brent J. Fields, Secretary, Securities                  Street SW., Washington, DC 20416, in                   disability or require additional
                                              and Exchange Commission, 100 F Street                      the Eisenhower Conference Room B,                      information, please contact Cheryl
                                              NE., Washington, DC 20549–1090.                            Concourse Level.                                       Simms, Program Liaison at (202) 205-
                                              All submissions should refer to File                       SUMMARY:                                               6773, or by email at vetstaskforce@
                                              Number SR–NASDAQ–2015–052. This                              Purpose: This public meeting is to                   sba.gov. For more information, please
                                              file number should be included on the                      discuss recommendations identified by                  visit our Web site at www.sba.gov/vets.
                                              subject line if email is used. To help the                 the Interagency Task Force (IATF) to                     Dated: May 8, 2015.
                                              Commission process and review your                         further enable veteran entrepreneurship
                                                                                                                                                                Miguel J. L’Heureux,
                                              comments more efficiently, please use                      policy and programs. In addition, the
                                                                                                                                                                SBA Committee Management Officer.
                                              only one method. The Commission will                       Task Force will allow public comment
                                                                                                         regarding the focus areas.                             [FR Doc. 2015–12042 Filed 5–18–15; 8:45 am]
                                              post all comments on the Commission’s
                                                                                                                                                                BILLING P
                                              Internet Web site (http://www.sec.gov/                     SUPPLEMENTARY INFORMATION: Pursuant
                                              rules/sro.shtml). Copies of the                            to section 10(a) (2) of the Federal
tkelley on DSK3SPTVN1PROD with NOTICES




                                              submission, all subsequent                                 Advisory Committee Act (5 U.S.C.,                      SMALL BUSINESS ADMINISTRATION
                                              amendments, all written statements                         Appendix 2), SBA announces the
                                              with respect to the proposed rule                          meeting of the Interagency Task Force                  Meeting of the Advisory Committee on
                                              change that are filed with the                             on Veterans Small Business                             Veterans Business Affairs
                                              Commission, and all written                                Development. The Task Force is
                                                                                                                                                                AGENCY:U.S. Small Business
                                                13 15   U.S.C. 78s(b)(3)(A)(ii).                           14 17   CFR 200.30–3(a)(12).                         Administration.


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Document Created: 2015-12-15 15:30:06
Document Modified: 2015-12-15 15:30:06
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation80 FR 28757 

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