80_FR_34586 80 FR 34471 - Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Chapter VI, Section 18 of the Exchange's Options Rules

80 FR 34471 - Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Chapter VI, Section 18 of the Exchange's Options Rules

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 115 (June 16, 2015)

Page Range34471-34473
FR Document2015-14670

Federal Register, Volume 80 Issue 115 (Tuesday, June 16, 2015)
[Federal Register Volume 80, Number 115 (Tuesday, June 16, 2015)]
[Notices]
[Pages 34471-34473]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-14670]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75141; File No. SR-NASDAQ-2015-060]


Self-Regulatory Organizations; The NASDAQ Stock Market LLC; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To 
Amend Chapter VI, Section 18 of the Exchange's Options Rules

June 10, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act'') \1\, and Rule 19b-4 \2\ thereunder, notice is hereby given 
that, on June 4, 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 and II 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 Chapter VI, Section 18 of the 
Exchange's options rules.
    The text of the proposed rule change is below; proposed new 
language is italicized; proposed deletions are in brackets.
* * * * *

NASDAQ Stock Market Rules

* * * * *
Options Rules
* * * * *

Chapter VI Trading Systems

* * * * *
Sec. 18 Order Price Protection
    Order Price Protection (``OPP'') is a feature of the System that 
prevents certain day limit, good til cancelled, and immediate or cancel 
orders at prices outside of pre-set standard limits from being accepted 
by the System. OPP applies to all options but does not apply to market 
orders or Intermarket Sweep Orders.
    (a) OPP is operational each trading day after the opening until the 
close of trading, except during trading halts. [The Exchange may also 
temporarily deactivate OPP from time to time on an intraday basis at 
its discretion if it determines that volatility warrants deactivation. 
Participants will be notified of intraday OPP deactivation due to 
volatility and any subsequent intraday reactivation by the Exchange 
through the issuance of system status messages.]
    (b) OPP will reject incoming orders that exceed certain parameters 
according to the following algorithm:
    (i) If the better of the NBBO or the internal market BBO (the 
``Reference BBO'') on the contra-side of an incoming order is greater 
than $1.00, orders with a limit more than 50% through such contra-side 
[NBBO] Reference BBO will be rejected by the System upon receipt. For 
example, if the [NBBO] Reference BBO on the offer side is $1.10, an 
order to buy options for more than $1.65 would be rejected. Similarly, 
if the [NBBO] Reference BBO on the bid side is $1.10, an order to sell 
options for less than $0.55 will be rejected.
    (ii) If the [NBBO] Reference BBO on the contra-side of an incoming 
order is less than or equal to $1.00, orders with a limit more than 
100% through such contra-side [NBBO] Reference BBO will be rejected by 
the System upon receipt. For example, if the [NBBO] Reference BBO on 
the offer side is $1.00, an order to buy options for more than $2.00 
would be rejected. However, if the [NBBO] Reference BBO of the bid side 
of an incoming order to sell is less than or equal to $1.00, the OPP 
limits set forth above will result in all incoming sell orders being 
accepted regardless of their limit.
* * * * *

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 purpose of the proposed rule change is to amend and correct 
Chapter VI, Section 18 of the NOM Rulebook which describes Order Price 
Protection (``OPP''), a feature of the NOM trading system that prevents 
certain day limit, good till cancelled, and immediate or cancel orders 
at prices outside of pre-set standard limits from being accepted by the 
System. The amendments also remove language providing for the temporary 
deactivation of OPP from time to time on an intraday basis at the 
Exchange's discretion if the Exchange determines that volatility 
warrants deactivation.
    OPP applies to all options but does not apply to market orders or 
Intermarket Sweep Orders. OPP is operational each trading day after the 
opening until the close of trading, except during trading halts. 
Chapter VI, Section 18 also currently provides that the Exchange may 
temporarily deactivate OPP from time to time on an intraday basis at 
its discretion if it determines that volatility warrants deactivation. 
Participants are notified of

[[Page 34472]]

intraday OPP deactivation due to volatility and any subsequent intraday 
reactivation by the Exchange through the issuance of system status 
messages.
    OPP rejects incoming orders that exceed certain parameters. 
Currently, Chapter VI, Section 18(b) establishes those parameters with 
reference to the NBBO. It states that if the NBBO on the contra-side of 
an incoming order is greater than $1.00, orders with a limit more than 
50% through such contraside NBBO will be rejected by the system upon 
receipt. For example, the rule provides that if the NBBO on the offer 
side is $1.10, an order to buy options for more than $1.65 would be 
rejected. Similarly, the rule states that if the NBBO on the bid side 
is $1.10, an order to sell options for less than $0.55 will be 
rejected. The rule provides that if the NBBO on the contra-side of an 
incoming order is less than or equal to $1.00, orders with a limit more 
than 100% through such contra-side NBBO will be rejected by the system 
upon receipt. For example, under the rule if the NBBO on the offer side 
is $1.00, an order to buy options for more than $2.00 would be 
rejected. However, the rule provides that if the NBBO of the bid side 
of an incoming order to sell is less than or equal to $1.00, the OPP 
limits set forth above will result in all incoming sell orders being 
accepted regardless of their limit.
    The Exchange has determined that a discrepancy exists between this 
rule description of how the OPP process works and how the system 
actually functions in cases where Price Improving Orders are present. 
Price Improving Orders may be submitted in $0.01 increments on NOM 
rather than at the minimum price variation (``MPV'').\3\ These Price 
Improving Orders are considered part of the Exchange's internal market 
BBO at their non-MPV limit and are displayed at the allowable MPV price 
as part of the NBBO. While Chapter VI, Section 18 states that the NBBO 
is used for OPP determinations as described above, the system is 
actually basing OPP determinations on the better of (a) the NBBO, or 
(b) the Exchange's internal market BBO, which may differ from the NBBO 
due to the presence of Price Improving Orders. The Exchange is 
proposing to correct this discrepancy by deleting the term ``NBBO'' in 
each instance where it appears in Chapter VI, Section 18 and replacing 
it with the term ``Reference BBO'' which will be defined in the rule as 
the better of the NBBO or the internal market BBO.
---------------------------------------------------------------------------

    \3\ See Chapter VI, Section 1, which provides that Price 
Improving Orders are orders to buy or sell an option at a specified 
price at an increment smaller than the minimum price variation in 
the security. Price Improving Orders may be entered in increments as 
small as one cent. Price Improving Orders that are available for 
display shall be displayed at the minimum price variation in that 
security and shall be rounded up for sell orders and rounded down 
for buy orders.
---------------------------------------------------------------------------

    Finally, the Exchange is removing from Chapter VI, Section 18 the 
statements that the Exchange may temporarily deactivate OPP from time 
to time on an intraday basis at its discretion if it determines that 
volatility warrants deactivation, and that members will be notified of 
intraday OPP deactivation due to volatility and any subsequent intraday 
reactivation by the Exchange through the issuance of system status 
messages. The Exchange currently lacks the technology to implement 
intraday OPP deactivation and is deleting the language which suggests 
that it has such capability.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act in general, and furthers the objectives of Section 
6(b)(5) of the Act in particular, in that it is designed to promote 
just and equitable principles of trade, to remove impediments to and 
perfect the mechanism of a free and open market and a national market 
system, and, in general to protect investors and the public interest, 
by amending and correcting the rule text to that it accurately reflects 
the functioning of the trading system. The amendments concerning the 
Reference BBO and the elimination of references to intraday 
deactivation of the OPP are both intended to improve the accuracy of 
the rule. The Exchange believes that the amendments should promote just 
and equitable principles of trade as well as protect investors and the 
public interest by making clear how OPP determinations are actually 
made on the Exchange and by eliminating the potential for confusion 
inherent in the statement that the Exchange may temporarily deactivate 
OPP on an intraday basis when in fact it lacks the technical capacity 
to do so. Calculating OPP on the basis of the better of the NBBO or the 
internal market BBO rather than solely on the basis of the NBBO 
protects investors and the public interest by extending the benefits of 
OPP to orders received in instances where the internal market BBO is 
better than the NBBO.

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, as the amendments to Chapter 
VI, Section 18 will apply uniformly to all market participants availing 
themselves of the OPP feature. Nor will the proposal impose a burden on 
competition among the options exchanges, because of the vigorous 
competition for order flow among the options exchanges. To the extent 
that market participants disagree with the particular approach taken by 
the Exchange herein, market participants can easily and readily direct 
order flow to competing venues.

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

    The Exchange neither solicited nor received written comments on the 
proposed rule change.

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

    Because the foregoing proposed rule change does not: (i) 
Significantly affect the protection of investors or the public 
interest; (ii) impose any significant burden on competition; and (iii) 
become operative for 30 days from the date on which it was filed, or 
such shorter time as the Commission may designate, it has become 
effective pursuant to Section 19(b)(3)(A) of the Act \4\ and Rule 19b-
4(f)(6) thereunder.\5\
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78s(b)(3)(A).
    \5\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6) 
requires a self-regulatory organization to give the Commission 
written notice of its intent to file the proposed rule change at 
least five business days prior to the date of filing of the proposed 
rule change, or such shorter time as designated by the Commission. 
The Commission has determined to waive the five-day pre-filing 
period in this case.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the 
Act \6\ normally does not become operative for 30 days after the date 
of its filing. However, Rule 19b-4(f)(6) \7\ permits the Commission to 
designate a shorter time if such action is consistent with the 
protection of investors and the public interest. The Exchange believes 
that waiving the 30-day operative delay is consistent with the 
protection of investors and the public interest because it would allow 
the Exchange to immediately correct the inaccuracy with respect to the 
NBBO described above, as well as eliminate language suggesting the 
Exchange possesses the capability to temporarily deactivate OPP on an 
intraday basis when in fact this is not the case. The Exchange believes 
that the public interest would not be served by preserving these 
inaccuracies in its rules during a notice and comment period for

[[Page 34473]]

this proposed rule change. The Commission believes that waiving the 30-
day operative delay \8\ is consistent with the protection of investors 
and the public interest and designates the proposal operative on 
filing.
---------------------------------------------------------------------------

    \6\ 17 CFR 240.19b-4(f)(6).
    \7\ 17 CFR 240.19b-4(f)(6).
    \8\ For purposes only of waiving the 30-day operative delay, the 
Commission has considered the proposed rule's impact on efficiency, 
competition, and capital formation. See 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

    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 necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission will institute proceedings to 
determine whether the proposed rule change 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-2015-060 on the subject line.

Paper Comments

     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-2015-060. 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 the filing also will be available 
for inspection and copying at the principal office 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-060 and should be 
submitted on or before July 7, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-14670 Filed 6-15-15; 8:45 am]
BILLING CODE 8011-01-P



                                                                                   Federal Register / Vol. 80, No. 115 / Tuesday, June 16, 2015 / Notices                                            34471

                                                    Commission process and review your                      rule change as described in Items I and                   (ii) If the [NBBO] Reference BBO on
                                                    comments more efficiently, please use                   II below, which Items have been                        the contra-side of an incoming order is
                                                    only one method. The Commission will                    prepared by the Exchange. The                          less than or equal to $1.00, orders with
                                                    post all comments on the Commission’s                   Commission is publishing this notice to                a limit more than 100% through such
                                                    Internet Web site (http://www.sec.gov/                  solicit comments on the proposed rule                  contra-side [NBBO] Reference BBO will
                                                    rules/sro.shtml). Copies of the                         change from interested persons.                        be rejected by the System upon receipt.
                                                    submission, all subsequent                                                                                     For example, if the [NBBO] Reference
                                                    amendments, all written statements                      I. Self-Regulatory Organization’s
                                                                                                                                                                   BBO on the offer side is $1.00, an order
                                                    with respect to the proposed rule                       Statement of the Terms of Substance of
                                                                                                                                                                   to buy options for more than $2.00
                                                    change that are filed with the                          the Proposed Rule Change
                                                                                                                                                                   would be rejected. However, if the
                                                    Commission, and all written                                The Exchange proposes to amend                      [NBBO] Reference BBO of the bid side
                                                    communications relating to the                          Chapter VI, Section 18 of the Exchange’s               of an incoming order to sell is less than
                                                    proposed rule change between the                        options rules.                                         or equal to $1.00, the OPP limits set
                                                    Commission and any person, other than                      The text of the proposed rule change                forth above will result in all incoming
                                                    those that may be withheld from the                     is below; proposed new language is                     sell orders being accepted regardless of
                                                    public in accordance with the                           italicized; proposed deletions are in                  their limit.
                                                    provisions of 5 U.S.C. 552, will be                     brackets.                                              *       *     *    *    *
                                                    available for Web site viewing and                      *      *    *     *    *
                                                    printing in the Commission’s Public                                                                            II. Self-Regulatory Organization’s
                                                    Reference Room, 100 F Street NE.,                       NASDAQ Stock Market Rules                              Statement of the Purpose of, and
                                                    Washington, DC 20549 on official                                                                               Statutory Basis for, the Proposed Rule
                                                                                                            *      *      *       *      *
                                                    business days between the hours of                                                                             Change
                                                    10:00 a.m. and 3:00 p.m. Copies of the                  Options Rules                                             In its filing with the Commission, the
                                                    filing also will be available for                       *      *      *       *      *                         Exchange included statements
                                                    inspection and copying at the principal                                                                        concerning the purpose of and basis for
                                                    office of the Exchange. All comments                    Chapter VI Trading Systems                             the proposed rule change and discussed
                                                    received will be posted without change;                 *      *      *       *      *                         any comments it received on the
                                                    the Commission does not edit personal                                                                          proposed rule change. The text of these
                                                    identifying information from                            Sec. 18 Order Price Protection
                                                                                                                                                                   statements may be examined at the
                                                    submissions. You should submit only                        Order Price Protection (‘‘OPP’’) is a               places specified in Item IV below. The
                                                    information that you wish to make                       feature of the System that prevents                    Exchange has prepared summaries, set
                                                    available publicly. All submissions                     certain day limit, good til cancelled, and             forth in sections A, B, and C below, of
                                                    should refer to File Number SR–C2–                      immediate or cancel orders at prices                   the most significant aspects of such
                                                    2015–013 and should be submitted on                     outside of pre-set standard limits from                statements.
                                                    or before July 7, 2015.                                 being accepted by the System. OPP
                                                                                                                                                                   A. Self-Regulatory Organization’s
                                                      For the Commission, by the Division of                applies to all options but does not apply
                                                    Trading and Markets, pursuant to delegated                                                                     Statement of the Purpose of, and
                                                                                                            to market orders or Intermarket Sweep
                                                    authority.20                                                                                                   Statutory Basis for, the Proposed Rule
                                                                                                            Orders.
                                                    Robert W. Errett,                                                                                              Change
                                                                                                               (a) OPP is operational each trading
                                                    Deputy Secretary.                                       day after the opening until the close of               1. Purpose
                                                    [FR Doc. 2015–14672 Filed 6–15–15; 8:45 am]             trading, except during trading halts.                     The purpose of the proposed rule
                                                    BILLING CODE 8011–01–P                                  [The Exchange may also temporarily                     change is to amend and correct Chapter
                                                                                                            deactivate OPP from time to time on an                 VI, Section 18 of the NOM Rulebook
                                                                                                            intraday basis at its discretion if it                 which describes Order Price Protection
                                                    SECURITIES AND EXCHANGE                                 determines that volatility warrants                    (‘‘OPP’’), a feature of the NOM trading
                                                    COMMISSION                                              deactivation. Participants will be                     system that prevents certain day limit,
                                                    [Release No. 34–75141; File No. SR–                     notified of intraday OPP deactivation                  good till cancelled, and immediate or
                                                    NASDAQ–2015–060]                                        due to volatility and any subsequent                   cancel orders at prices outside of pre-set
                                                                                                            intraday reactivation by the Exchange                  standard limits from being accepted by
                                                    Self-Regulatory Organizations; The                      through the issuance of system status                  the System. The amendments also
                                                    NASDAQ Stock Market LLC; Notice of                      messages.]                                             remove language providing for the
                                                    Filing and Immediate Effectiveness of                      (b) OPP will reject incoming orders                 temporary deactivation of OPP from
                                                    Proposed Rule Change To Amend                           that exceed certain parameters                         time to time on an intraday basis at the
                                                    Chapter VI, Section 18 of the                           according to the following algorithm:                  Exchange’s discretion if the Exchange
                                                    Exchange’s Options Rules                                   (i) If the better of the NBBO or the                determines that volatility warrants
                                                    June 10, 2015.                                          internal market BBO (the ‘‘Reference                   deactivation.
                                                       Pursuant to Section 19(b)(1) of the                  BBO’’) on the contra-side of an incoming                  OPP applies to all options but does
                                                    Securities Exchange Act of 1934                         order is greater than $1.00, orders with               not apply to market orders or
                                                    (‘‘Act’’) 1, and Rule 19b–4 2 thereunder,               a limit more than 50% through such                     Intermarket Sweep Orders. OPP is
                                                                                                            contra-side [NBBO] Reference BBO will                  operational each trading day after the
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    notice is hereby given that, on June 4,
                                                    2015, The NASDAQ Stock Market LLC                       be rejected by the System upon receipt.                opening until the close of trading,
                                                    (‘‘Nasdaq’’ or ‘‘Exchange’’) filed with the             For example, if the [NBBO] Reference                   except during trading halts. Chapter VI,
                                                    Securities and Exchange Commission                      BBO on the offer side is $1.10, an order               Section 18 also currently provides that
                                                    (‘‘SEC’’ or ‘‘Commission’’) the proposed                to buy options for more than $1.65                     the Exchange may temporarily
                                                                                                            would be rejected. Similarly, if the                   deactivate OPP from time to time on an
                                                      20 17 CFR 200.30–3(a)(12).                            [NBBO] Reference BBO on the bid side                   intraday basis at its discretion if it
                                                      1 15 U.S.C. 78s(b)(1).                                is $1.10, an order to sell options for less            determines that volatility warrants
                                                      2 17 CFR 240.19b–4.                                   than $0.55 will be rejected.                           deactivation. Participants are notified of


                                               VerDate Sep<11>2014   17:18 Jun 15, 2015   Jkt 235001   PO 00000   Frm 00109   Fmt 4703   Sfmt 4703   E:\FR\FM\16JNN1.SGM   16JNN1


                                                    34472                          Federal Register / Vol. 80, No. 115 / Tuesday, June 16, 2015 / Notices

                                                    intraday OPP deactivation due to                        instance where it appears in Chapter VI,               amendments to Chapter VI, Section 18
                                                    volatility and any subsequent intraday                  Section 18 and replacing it with the                   will apply uniformly to all market
                                                    reactivation by the Exchange through                    term ‘‘Reference BBO’’ which will be                   participants availing themselves of the
                                                    the issuance of system status messages.                 defined in the rule as the better of the               OPP feature. Nor will the proposal
                                                       OPP rejects incoming orders that                     NBBO or the internal market BBO.                       impose a burden on competition among
                                                    exceed certain parameters. Currently,                      Finally, the Exchange is removing                   the options exchanges, because of the
                                                    Chapter VI, Section 18(b) establishes                   from Chapter VI, Section 18 the                        vigorous competition for order flow
                                                    those parameters with reference to the                  statements that the Exchange may                       among the options exchanges. To the
                                                    NBBO. It states that if the NBBO on the                 temporarily deactivate OPP from time to                extent that market participants disagree
                                                    contra-side of an incoming order is                     time on an intraday basis at its                       with the particular approach taken by
                                                    greater than $1.00, orders with a limit                 discretion if it determines that volatility            the Exchange herein, market
                                                    more than 50% through such contraside                   warrants deactivation, and that                        participants can easily and readily
                                                    NBBO will be rejected by the system                     members will be notified of intraday                   direct order flow to competing venues.
                                                    upon receipt. For example, the rule                     OPP deactivation due to volatility and
                                                    provides that if the NBBO on the offer                  any subsequent intraday reactivation by                C. Self-Regulatory Organization’s
                                                    side is $1.10, an order to buy options for              the Exchange through the issuance of                   Statement on Comments on the
                                                    more than $1.65 would be rejected.                      system status messages. The Exchange                   Proposed Rule Change Received From
                                                    Similarly, the rule states that if the                  currently lacks the technology to                      Members, Participants, or Others
                                                    NBBO on the bid side is $1.10, an order                 implement intraday OPP deactivation                      The Exchange neither solicited nor
                                                    to sell options for less than $0.55 will                and is deleting the language which                     received written comments on the
                                                    be rejected. The rule provides that if the              suggests that it has such capability.                  proposed rule change.
                                                    NBBO on the contra-side of an incoming                                                                         III. Date of Effectiveness of the
                                                                                                            2. Statutory Basis
                                                    order is less than or equal to $1.00,                                                                          Proposed Rule Change and Timing for
                                                    orders with a limit more than 100%                         The Exchange believes that its
                                                                                                            proposal is consistent with Section 6(b)               Commission Action
                                                    through such contra-side NBBO will be
                                                    rejected by the system upon receipt. For                of the Act in general, and furthers the                   Because the foregoing proposed rule
                                                    example, under the rule if the NBBO on                  objectives of Section 6(b)(5) of the Act               change does not: (i) Significantly affect
                                                    the offer side is $1.00, an order to buy                in particular, in that it is designed to               the protection of investors or the public
                                                    options for more than $2.00 would be                    promote just and equitable principles of               interest; (ii) impose any significant
                                                    rejected. However, the rule provides                    trade, to remove impediments to and                    burden on competition; and (iii) become
                                                    that if the NBBO of the bid side of an                  perfect the mechanism of a free and                    operative for 30 days from the date on
                                                    incoming order to sell is less than or                  open market and a national market                      which it was filed, or such shorter time
                                                    equal to $1.00, the OPP limits set forth                system, and, in general to protect                     as the Commission may designate, it has
                                                    above will result in all incoming sell                  investors and the public interest, by                  become effective pursuant to Section
                                                    orders being accepted regardless of their               amending and correcting the rule text to               19(b)(3)(A) of the Act 4 and Rule 19b–
                                                    limit.                                                  that it accurately reflects the functioning            4(f)(6) thereunder.5
                                                       The Exchange has determined that a                   of the trading system. The amendments                     A proposed rule change filed
                                                    discrepancy exists between this rule                    concerning the Reference BBO and the                   pursuant to Rule 19b–4(f)(6) under the
                                                    description of how the OPP process                      elimination of references to intraday                  Act 6 normally does not become
                                                    works and how the system actually                       deactivation of the OPP are both                       operative for 30 days after the date of its
                                                    functions in cases where Price                          intended to improve the accuracy of the                filing. However, Rule 19b–4(f)(6) 7
                                                    Improving Orders are present. Price                     rule. The Exchange believes that the                   permits the Commission to designate a
                                                    Improving Orders may be submitted in                    amendments should promote just and                     shorter time if such action is consistent
                                                    $0.01 increments on NOM rather than at                  equitable principles of trade as well as               with the protection of investors and the
                                                    the minimum price variation (‘‘MPV’’).3                 protect investors and the public interest              public interest. The Exchange believes
                                                    These Price Improving Orders are                        by making clear how OPP                                that waiving the 30-day operative delay
                                                    considered part of the Exchange’s                       determinations are actually made on the                is consistent with the protection of
                                                    internal market BBO at their non-MPV                    Exchange and by eliminating the                        investors and the public interest
                                                    limit and are displayed at the allowable                potential for confusion inherent in the                because it would allow the Exchange to
                                                    MPV price as part of the NBBO. While                    statement that the Exchange may                        immediately correct the inaccuracy with
                                                    Chapter VI, Section 18 states that the                  temporarily deactivate OPP on an                       respect to the NBBO described above, as
                                                    NBBO is used for OPP determinations as                  intraday basis when in fact it lacks the               well as eliminate language suggesting
                                                    described above, the system is actually                 technical capacity to do so. Calculating               the Exchange possesses the capability to
                                                    basing OPP determinations on the better                 OPP on the basis of the better of the                  temporarily deactivate OPP on an
                                                    of (a) the NBBO, or (b) the Exchange’s                  NBBO or the internal market BBO rather                 intraday basis when in fact this is not
                                                    internal market BBO, which may differ                   than solely on the basis of the NBBO                   the case. The Exchange believes that the
                                                    from the NBBO due to the presence of                    protects investors and the public                      public interest would not be served by
                                                    Price Improving Orders. The Exchange                    interest by extending the benefits of                  preserving these inaccuracies in its rules
                                                    is proposing to correct this discrepancy                OPP to orders received in instances                    during a notice and comment period for
                                                    by deleting the term ‘‘NBBO’’ in each                   where the internal market BBO is better                  4 15  U.S.C. 78s(b)(3)(A).
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                            than the NBBO.                                           5 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                                      3 See Chapter VI, Section 1, which provides that
                                                    Price Improving Orders are orders to buy or sell an     B. Self-Regulatory Organization’s                      4(f)(6) requires a self-regulatory organization to give
                                                    option at a specified price at an increment smaller                                                            the Commission written notice of its intent to file
                                                                                                            Statement on Burden on Competition                     the proposed rule change at least five business days
                                                    than the minimum price variation in the security.
                                                    Price Improving Orders may be entered in                  The Exchange does not believe that                   prior to the date of filing of the proposed rule
                                                                                                                                                                   change, or such shorter time as designated by the
                                                    increments as small as one cent. Price Improving        the proposed rule change will impose                   Commission. The Commission has determined to
                                                    Orders that are available for display shall be          any burden on competition not
                                                    displayed at the minimum price variation in that                                                               waive the five-day pre-filing period in this case.
                                                    security and shall be rounded up for sell orders and    necessary or appropriate in furtherance                  6 17 CFR 240.19b–4(f)(6).

                                                    rounded down for buy orders.                            of the purposes of the Act, as the                       7 17 CFR 240.19b–4(f)(6).




                                               VerDate Sep<11>2014   17:18 Jun 15, 2015   Jkt 235001   PO 00000   Frm 00110   Fmt 4703   Sfmt 4703   E:\FR\FM\16JNN1.SGM    16JNN1


                                                                                   Federal Register / Vol. 80, No. 115 / Tuesday, June 16, 2015 / Notices                                                    34473

                                                    this proposed rule change. The                          available for Web site viewing and                      and routing of orders in securities
                                                    Commission believes that waiving the                    printing in the Commission’s Public                     priced at $1 or more per share.
                                                    30-day operative delay 8 is consistent                  Reference Room, 100 F Street NE.,                          The text of the proposed rule change
                                                    with the protection of investors and the                Washington, DC 20549, on official                       is available on the Exchange’s Web site
                                                    public interest and designates the                      business days between the hours of                      at http://
                                                    proposal operative on filing.                           10:00 a.m. and 3:00 p.m. Copies of the                  nasdaqomxphlx.cchwallstreet.com/, at
                                                       At any time within 60 days of the                    filing also will be available for                       the principal office of the Exchange, and
                                                    filing of the proposed rule change, the                 inspection and copying at the principal                 at the Commission’s Public Reference
                                                    Commission summarily may                                office of the Exchange. All comments                    Room.
                                                    temporarily suspend such rule change if                 received will be posted without change;                 II. Self-Regulatory Organization’s
                                                    it appears to the Commission that such                  the Commission does not edit personal                   Statement of the Purpose of, and
                                                    action is necessary or appropriate in the               identifying information from                            Statutory Basis for, the Proposed Rule
                                                    public interest, for the protection of                  submissions. You should submit only                     Change
                                                    investors, or otherwise in furtherance of               information that you wish to make
                                                    the purposes of the Act. If the                         available publicly. All submissions                        In its filing with the Commission, the
                                                    Commission takes such action, the                       should refer to File Number SR–                         Exchange included statements
                                                    Commission will institute proceedings                   NASDAQ–060 and should be submitted                      concerning the purpose of and basis for
                                                    to determine whether the proposed rule                  on or before July 7, 2015.                              the proposed rule change and discussed
                                                    change should be approved or                                                                                    any comments it received on the
                                                                                                              For the Commission, by the Division of                proposed rule change. The text of these
                                                    disapproved.                                            Trading and Markets, pursuant to delegated              statements may be examined at the
                                                    IV. Solicitation of Comments                            authority.9
                                                                                                                                                                    places specified in Item IV below. The
                                                                                                            Robert W. Errett,                                       Exchange has prepared summaries, set
                                                      Interested persons are invited to                     Deputy Secretary.
                                                    submit written data, views and                                                                                  forth in sections A, B, and C below, of
                                                    arguments concerning the foregoing,
                                                                                                            [FR Doc. 2015–14670 Filed 6–15–15; 8:45 am]             the most significant aspects of such
                                                    including whether the proposed rule                     BILLING CODE 8011–01–P                                  statements.
                                                    change is consistent with the Act.                                                                              A. Self-Regulatory Organization’s
                                                    Comments may be submitted by any of                     SECURITIES AND EXCHANGE                                 Statement of the Purpose of, and
                                                    the following methods:                                  COMMISSION                                              Statutory Basis for, the Proposed Rule
                                                    Electronic Comments                                                                                             Change
                                                                                                            [Release No. 34–75142; File No. SR–Phlx–
                                                      • Use the Commission’s Internet                                                                               1. Purpose
                                                                                                            2015–48]
                                                    comment form (http://www.sec.gov/                                                                                  The purpose of the proposed rule
                                                    rules/sro.shtml); or                                    Self-Regulatory Organizations;                          change is to amend the charges assessed
                                                      • Send an email to rule-comments@                     NASDAQ OMX PHLX LLC; Notice of                          and credits provided for the execution
                                                    sec.gov. Please include File Number SR–                 Filing and Immediate Effectiveness of                   of securities priced at $1 or more.
                                                    NASDAQ–2015–060 on the subject line.                    Proposed Rule Change Relating to the                    Specifically, the Exchange is amending
                                                                                                            Exchange’s Pricing Schedule Under                       what it assesses a member organization
                                                    Paper Comments                                          Section VIII With Respect to Execution                  entering order that executes in
                                                       • Send paper comments in triplicate                  and Routing of Orders in Securities                     NASDAQ OMX PSX System (‘‘PSX’’),
                                                    to Secretary, Securities and Exchange                   Priced at $1 or More Per Share                          and it is eliminating the additional
                                                    Commission, 100 F Street NE.,                                                                                   credit provided to a member firm with
                                                    Washington, DC 20549–1090.                              June 10, 2015.
                                                                                                                                                                    a displayed quotes/order with a size of
                                                                                                               Pursuant to Section 19(b)(1) of the                  2,000 or more shares.
                                                    All submissions should refer to File
                                                                                                            Securities Exchange Act of 1934                            The Exchange currently assesses a
                                                    Number SR–NASDAQ–2015–060. This
                                                                                                            (‘‘Act’’) 1, and Rule 19b–4 2 thereunder,               member organization a charge of
                                                    file number should be included on the
                                                                                                            notice is hereby given that, on June 1,                 $0.0029 per share executed for an order
                                                    subject line if email is used. To help the
                                                                                                            2015, NASDAQ OMX PHLX LLC                               entered by a member organization that
                                                    Commission process and review your
                                                                                                            (‘‘Phlx’’ or ‘‘Exchange’’) filed with the               executes on PSX, regardless of the
                                                    comments more efficiently, please use
                                                                                                            Securities and Exchange Commission                      exchange that the security is listed on.
                                                    only one method. The Commission will
                                                                                                            (‘‘SEC’’ or ‘‘Commission’’) the proposed                The Exchange had previously applied
                                                    post all comments on the Commission’s
                                                                                                            rule change as described in Items I, II,                different charges for execution of an
                                                    Internet Web site (http://www.sec.gov/
                                                                                                            and III below, which Items have been                    order based on listing venue, but
                                                    rules/sro.shtml). Copies of the
                                                                                                            prepared by the Exchange. The                           recently harmonized the charge for all
                                                    submission, all subsequent
                                                                                                            Commission is publishing this notice to                 orders that execute on PSX.3 The
                                                    amendments, all written statements
                                                                                                            solicit comments on the proposed rule                   Exchange is now proposing to reduce
                                                    with respect to the proposed rule
                                                                                                            change from interested persons.                         the charge assessed a member
                                                    change that are filed with the
                                                    Commission, and all written                             I. Self-Regulatory Organization’s                       organization for receiving an execution
                                                    communications relating to the                          Statement of the Terms of Substance of                  on PSX in a Nasdaq-listed security from
                                                    proposed rule change between the                        the Proposed Rule Change                                $0.0029 per share executed to $0.0028
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    Commission and any person, other than                                                                           per share executed. The Exchange is
                                                                                                              The Exchange proposes to amend the                    also proposing to reduce the charge for
                                                    those that may be withheld from the                     Exchange’s Pricing Schedule under
                                                    public in accordance with the                                                                                   receiving an execution on PSX in New
                                                                                                            Section VIII, entitled ‘‘NASDAQ OMX                     York Stock Exchange (‘‘NYSE’’)-listed
                                                    provisions of 5 U.S.C. 552, will be                     PSX FEES,’’ with respect to execution                   securities and securities listed on
                                                      8 For purposes only of waiving the 30-day
                                                                                                              9 17 CFR 200.30–3(a)(12).
                                                    operative delay, the Commission has considered the                                                                3 See Securities Exchange Act Release No. 74880
                                                                                                              1 15 U.S.C. 78s(b)(1).
                                                    proposed rule’s impact on efficiency, competition,                                                              (May 6, 2015), 80 FR 27207 (May 12, 2015) (SR–
                                                    and capital formation. See 15 U.S.C. 78c(f).              2 17 CFR 240.19b–4.                                   NASDAQ–2015–45).



                                               VerDate Sep<11>2014   17:18 Jun 15, 2015   Jkt 235001   PO 00000   Frm 00111   Fmt 4703    Sfmt 4703   E:\FR\FM\16JNN1.SGM   16JNN1



Document Created: 2018-02-22 10:23:15
Document Modified: 2018-02-22 10:23:15
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 34471 

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR