80_FR_36988 80 FR 36865 - Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing of Amendment No. 1 and Order Granting Accelerated Approval of Proposed Rule Change, as Modified by Amendment No. 1, To Amend and Restate Certain Nasdaq Rules That Govern the Nasdaq Market Center

80 FR 36865 - Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing of Amendment No. 1 and Order Granting Accelerated Approval of Proposed Rule Change, as Modified by Amendment No. 1, To Amend and Restate Certain Nasdaq Rules That Govern the Nasdaq Market Center

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 123 (June 26, 2015)

Page Range36865-36867
FR Document2015-15686

Federal Register, Volume 80 Issue 123 (Friday, June 26, 2015)
[Federal Register Volume 80, Number 123 (Friday, June 26, 2015)]
[Notices]
[Pages 36865-36867]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-15686]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75252; File No. SR-NASDAQ-2015-024]


Self-Regulatory Organizations; The NASDAQ Stock Market LLC; 
Notice of Filing of Amendment No. 1 and Order Granting Accelerated 
Approval of Proposed Rule Change, as Modified by Amendment No. 1, To 
Amend and Restate Certain Nasdaq Rules That Govern the Nasdaq Market 
Center

June 22, 2015.

 I. Introduction

    On March 16, 2015, The NASDAQ Stock Market LLC (``Nasdaq'' or the 
``Exchange'') filed with the Securities and Exchange Commission 
(``Commission''), pursuant to section 19(b)(1) of the Securities 
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a 
proposed rule change to amend and restate certain Nasdaq rules that 
govern the Nasdaq Market Center in order to provide a clearer and more 
detailed description of certain aspects of its functionality. The 
proposed rule change was published for comment in the Federal Register 
on March 26, 2015.\3\ The Commission received no comment letters 
regarding the proposed rule change. On May 6, 2015, the Commission 
extended to June 24, 2015, the time period in which to approve the 
proposed rule change, disapprove the proposed rule change, or institute 
proceedings to determine whether the proposed rule change should be 
disapproved.\4\ On June 15, 2015, the Exchange filed Amendment No. 1 to 
the proposed rule change.\5\ This order approves the proposed rule 
change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 74558 (March 20, 
2015), 80 FR 16050 (``Notice'').
    \4\ See Securities Exchange Act Release No. 74881, 80 FR 27216 
(May 12, 2015).
    \5\ In Amendment No. 1, the Exchange proposed to correct 
typographical errors in the original filing, further improve the 
clarity of certain rule language, and include additional explanation 
with regard to the purpose of the proposed rule change.
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II. Description of the Amended Proposal

    The Exchange proposes to amend and restate certain rules governing 
the Nasdaq Market Center in order to provide additional detail and 
clarity regarding its order type functionality.\6\ This proposed rule 
change is a response to Chair White's request that each self-regulatory 
organization (``SRO'') conduct a comprehensive review of the operation 
of each of the order types that it offers to members.\7\
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    \6\ See Notice, 80 FR at 16050.
    \7\ Id.; see also Mary Jo White, Chair, Commission, Speech at 
the Sandler O'Neill & Partners, L.P. Global Exchange and Brokerage 
Conference (June 5, 2014), available at http://www.sec.gov/News/Speech/Detail/Speech/1370542004312.
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    While the Exchange believes that its current rules and other public 
disclosures provide a comprehensive description of the operation of the 
Nasdaq Market Center and are sufficient for members and the investing 
public to have an accurate understanding of its market structure,\8\ it 
also acknowledges that a restatement of certain rules will further 
clarify the operation of its system.\9\ For instance, Nasdaq believes 
that adding examples of order type operation to its rules will promote 
greater understanding of Nasdaq's market structure.\10\ In addition, 
Nasdaq asserts that certain functionality previously described as an 
``order type'' is more precisely characterized as an attribute that may 
be added to a particular order.\11\ Accordingly, this proposed rule 
change distinguishes between ``Order Types'' and ``Order Attributes,'' 
and provides descriptions

[[Page 36866]]

of the Order Attributes that may be attached to particular Order 
Types.\12\
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    \8\ See Notice, 80 FR at 16050.
    \9\ Id.
    \10\ Id.
    \11\ Id.
    \12\ Id.
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    Currently, Nasdaq Rule 4751 sets forth most of the rules governing 
Nasdaq's Order Types and Order Attributes, as well as other defined 
terms that pertain to trading securities on the Exchange.\13\ Nasdaq 
proposes to restate and amend Rule 4751 as new Rule 4701.\14\ Nasdaq 
also proposes to amend the definitions pertaining to Order Types and 
Order Attributes and to relocate them from Rule 4751 to new Rules 4702 
(Order Types) and 4703 (Order Attributes), respectively.\15\ In 
addition, Nasdaq proposes certain conforming and technical changes to 
Rules 4752, 4754-4758, and 4780.\16\
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    \13\ See Rule 4751.
    \14\ See proposed Rule 4701.
    \15\ See proposed Rules 4702 and 4703.
    \16\ Nasdaq states that, in subsequent proposed rule changes, it 
plans to restate the remainder of its Rules numbered 4752 through 
4780 so that they appear sequentially following Rule 4703. See 
Notice, 80 FR at 16050.
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    Nasdaq represents that, except where specifically stated otherwise, 
all proposed rules are restatements of existing rules and are not 
intended to reflect substantive changes to the rule text or the 
operation of the Nasdaq Market Center.\17\ Proposed Rule 4702 related 
to Order Types contains definitions and descriptions of Price to Comply 
Orders, Price to Display Orders (referred to as ``Price to Comply Post 
Orders'' in current Rule 4751),\18\ Non-Displayed Orders, Post-Only 
Orders, Midpoint Peg Post-Only Orders, Supplemental Orders, Market 
Maker Peg Orders, Market on Open Orders, Limit on Open Orders, Opening 
Imbalance Only Orders, Market on Close Orders, Limit on Close Orders, 
and Imbalance Only Orders. Proposed Rule 4703 related to Order 
Attributes contains definitions and descriptions of time-in-force 
(``TIF'') modifiers, order size, order price, pegging, minimum 
quantity, routing, discretion, reserve size, attribution, intermarket 
sweep order (``ISO'') designation, display, and participation in the 
Nasdaq opening cross or closing cross.\19\
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    \17\ Id.
    \18\ Id. at 16054 n.29.
    \19\ The Notice contains additional details related to proposed 
Rules 4702 and 4703. See Notice, 80 FR at 16051-69.
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    In Amendment No. 1, the Exchange proposes to add language further 
explaining the operation of the following order types: Post-Only 
Orders; orders with a time-in-force of IOC, including Routable Orders 
and Post-Only Orders; Market Maker Peg Orders; orders with Midpoint 
Pegging, Primary Pegging or Market Pegging; Midpoint Peg Post-Only 
Orders; orders designated with both Pegging and Routing attributes; 
Minimum Quantity Orders; and orders designated with a reactive routing 
strategy.\20\ For example, the Exchange states that for Order Types 
that list both Pegging and Routing as possible Order Attributes, the 
two Order Attributes may be combined since Pegging serves to establish 
the price of the order, while Routing establishes the market center(s) 
to which the system's routing functionality may direct a routed order 
if liquidity is available at that price.\21\ The Exchange also proposes 
to add further specification regarding the availability of certain 
order types only through certain communication protocols.\22\ For 
example, the Exchange states that a Post-Only Order with a TIF of IOC 
may not be entered through the RASH, QIX, or FIX protocols.\23\ In 
addition, the Exchange proposes to add language stating that one or 
more Order Attributes may be assigned to a single order, but if the use 
of multiple Order Attributes would result in contradictory 
instructions, the system will reject the order or remove non-conforming 
Order Attributes.\24\


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    \20\ See Amendment No. 1.
    \21\ Id.
    \22\ Id.
    \23\ Id.
    \24\ Id.
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III. Discussion and Commission Findings

    After careful review, the Commission finds that the proposed rule 
change is consistent with the requirements of the Act and the rules and 
regulations thereunder applicable to a national securities 
exchange.\25\ In particular, the Commission finds that the proposed 
rule change is consistent with section 6(b)(5) of the Act,\26\ which 
requires, among other things, that the rules of a national securities 
exchange be designed to prevent fraudulent and manipulative acts and 
practices, to promote just and equitable principles of trade, to foster 
cooperation and coordination with persons engaged in facilitating 
transactions in securities, 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; and are not 
designed to permit unfair discrimination between customers, issuers, 
brokers, or dealers.
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    \25\ In approving this proposed rule change, the Commission has 
considered the proposed rule's impact on efficiency, competition, 
and capital formation. See 15 U.S.C. 78c(f).
    \26\ 15 U.S.C. 78f(b)(5).
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    The Commission notes that the Exchange believes that the proposal 
is consistent with section 6(b)(5) of the Act because the reorganized 
and enhanced descriptions of its Order Types, Order Attributes, and 
related System functionality should promote just and equitable 
principles of trade and perfect the mechanisms of a free and open 
market and the national market system by providing greater clarity 
concerning certain aspects of the System's operations.\27\ In addition, 
the Commission notes that Nasdaq believes that the proposed rule change 
should contribute to the protection of investors and the public 
interest by making Nasdaq's rules easier to understand.\28\ Further, 
Nasdaq believes that additional specificity in its rules will promote a 
better understanding of Nasdaq's operation, thereby facilitating fair 
competition among brokers and dealers and among markets.\29\
---------------------------------------------------------------------------

    \27\ See Notice, 80 FR at 16069.
    \28\ Id.
    \29\ Id.
---------------------------------------------------------------------------

    The Commission notes that, according to the Exchange, the proposal 
does not add any new functionality but instead re-organizes the 
Exchange's order type rules and provides additional detail regarding 
the order type functionality currently offered by the Exchange. Based 
on the Exchange's representation, the Commission believes that the 
proposed rule change does not raise any novel regulatory considerations 
and should provide greater specificity, clarity and transparency with 
respect to the order type functionality available on the Exchange. In 
addition, the Commission notes that the Exchange's proposed rule 
changes provide additional detail related to functionality for certain 
order types and the handling of orders during initial entry and after 
posting to the Nasdaq Book. Accordingly, the Commission believes that 
this proposed rule change should provide greater transparency with 
respect to the Exchange's order type functionality. For these reasons, 
the Commission believes that the proposal should help to prevent 
fraudulent and manipulative acts and practices, promote just and 
equitable principles of trade, remove impediments to and perfect the 
mechanism of a free and open market and a national market system, and, 
in general, protect investors and the public interest.
    The Commission finds good cause to approve the filing, as amended 
by Amendment No. 1 to the proposed rule change, prior to the thirtieth 
day after

[[Page 36867]]

the date of publication of notice of filing thereof in the Federal 
Register. The proposed amendments should further increase the 
Exchange's transparency with respect to the operation of various order 
types and modifiers, and serve to enhance investors' understanding of 
the tools available with respect to the handling of their orders. 
Accelerated approval would allow the Exchange to update its rule text 
immediately, thus providing users with greater clarity with respect to 
the use and potential use of functionality offered by the Exchange. In 
addition, the initial proposal was open for comment for twenty-one days 
after publication and generated no comment. Accordingly, the Commission 
believes that good cause exists, consistent with sections 6(b)(5) and 
19(b) of the Act,\30\ to approve the filing, as amended by Amendment 
No. 1 to the proposed rule change, on an accelerated basis.
---------------------------------------------------------------------------

    \30\ 15 U.S.C. 78f(b)(5); 15 U.S.C. 78s(b).
---------------------------------------------------------------------------

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule 
change, as amended, 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-2015-024 on the subject line.

Paper Comments

     Send paper comments in triplicate to Robert W. Errett, 
Deputy Secretary, Securities and Exchange Commission, 100 F Street NE., 
Washington, DC 20549-1090.

All submissions should refer to File Number SR-NASDAQ-2015-024. 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-2015-024 and should 
be submitted on or before July 17, 2015.

V. Conclusion

    It is therefore ordered, pursuant to section 19(b)(2) of the 
Act,\31\ that the proposed rule change (SR-NASDAQ-2015-024) be, and it 
hereby is, approved, as amended.
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    \31\ 15 U.S.C. 78s(b)(2).
    \32\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\32\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-15686 Filed 6-25-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                                               Federal Register / Vol. 80, No. 123 / Friday, June 26, 2015 / Notices                                                    36865

                                              they would use to create the proposed                    that the NASDAQ OMX equity markets,                   2015.3 The Commission received no
                                              NLS Plus feed is the same as the source                  which are separate self-regulatory                    comment letters regarding the proposed
                                              available to competing vendors.                          organizations, do not, because of their               rule change. On May 6, 2015, the
                                                 With respect to latency, the Exchange                 relationship as affiliates, offer one                 Commission extended to June 24, 2015,
                                              represents that a competing vendor                       another products or services on a more                the time period in which to approve the
                                              could obtain the underlying data feeds                   favorable basis than that available to                proposed rule change, disapprove the
                                              on the same latency basis as the system                  other competing market participants.                  proposed rule change, or institute
                                              that would be performing the                               For the foregoing reasons, the                      proceedings to determine whether the
                                              aggregation and consolidation of the                     Commission finds that the proposed                    proposed rule change should be
                                              proposed NLS Plus feed and could                         rule change is consistent with section                disapproved.4 On June 15, 2015, the
                                              provide the same kind of product to its                  11A(c)(1)(C) of the Act and Rule                      Exchange filed Amendment No. 1 to the
                                              customers with the same latency they                     603(a)(2) of Regulation NMS                           proposed rule change.5 This order
                                              could achieve by purchasing the NLS                      thereunder,19 and sections 6(b)(5) and                approves the proposed rule change.
                                              Plus feed from NASDAQ.18 The                             (b)(8) of the Act.20
                                              Exchange also represents that it has                                                                           II. Description of the Amended
                                              designed the NLS Plus feed so that it                    IV. Conclusion                                        Proposal
                                              will have no advantages over a                             It is therefore ordered, pursuant to
                                              competing vendor with respect to the                                                                              The Exchange proposes to amend and
                                                                                                       section 19(b)(2) of the Act,21 that the
                                              speed of access to the underlying feeds.                                                                       restate certain rules governing the
                                                                                                       proposed rule change (SR–NASDAQ–
                                                 With respect to pricing, although                                                                           Nasdaq Market Center in order to
                                                                                                       2015–055) be, and hereby is, approved.
                                              specific fees to be charged for NLS Plus                                                                       provide additional detail and clarity
                                                                                                         For the Commission, by the Division of              regarding its order type functionality.6
                                              are not part of the proposed rule change,
                                                                                                       Trading and Markets, pursuant to delegated            This proposed rule change is a response
                                              the Exchange represents that the pricing                 authority.22
                                              will reflect the incremental cost of the                                                                       to Chair White’s request that each self-
                                                                                                       Robert W. Errett,                                     regulatory organization (‘‘SRO’’)
                                              aggregation and consolidation function
                                                                                                       Deputy Secretary.                                     conduct a comprehensive review of the
                                              for NLS Plus, and would not be lower
                                              than the cost to a vendor creating a                     [FR Doc. 2015–15690 Filed 6–25–15; 8:45 am]           operation of each of the order types that
                                              competing product, including the cost                    BILLING CODE 8011–01–P                                it offers to members.7
                                              of receiving the underlying data feeds.                                                                           While the Exchange believes that its
                                              The Exchange further represents that the                                                                       current rules and other public
                                              pricing it would charge clients for NLS                  SECURITIES AND EXCHANGE
                                                                                                       COMMISSION                                            disclosures provide a comprehensive
                                              Plus would enable a vendor to receive                                                                          description of the operation of the
                                              the underlying data feeds and offer a                    [Release No. 34–75252; File No. SR–                   Nasdaq Market Center and are sufficient
                                              similar product on a competitive basis                   NASDAQ–2015–024]                                      for members and the investing public to
                                              and with no greater cost than the                                                                              have an accurate understanding of its
                                              Exchange.                                                Self-Regulatory Organizations; The                    market structure,8 it also acknowledges
                                                 Based on the Exchange’s                               NASDAQ Stock Market LLC; Notice of
                                                                                                                                                             that a restatement of certain rules will
                                              representations with respect to the                      Filing of Amendment No. 1 and Order
                                                                                                                                                             further clarify the operation of its
                                              content, latency, and pricing of NLS                     Granting Accelerated Approval of
                                                                                                                                                             system.9 For instance, Nasdaq believes
                                              Plus—which are central to the                            Proposed Rule Change, as Modified by
                                                                                                                                                             that adding examples of order type
                                              Commission’s analysis of the proposal—                   Amendment No. 1, To Amend and
                                                                                                                                                             operation to its rules will promote
                                              the Commission finds that the proposal                   Restate Certain Nasdaq Rules That
                                                                                                                                                             greater understanding of Nasdaq’s
                                              is consistent with the Act and the rules                 Govern the Nasdaq Market Center
                                                                                                                                                             market structure.10 In addition, Nasdaq
                                              and regulations thereunder applicable to
                                              national securities exchanges. The                       June 22, 2015.                                        asserts that certain functionality
                                              Commission believes that these                                                                                 previously described as an ‘‘order type’’
                                                                                                       I. Introduction                                       is more precisely characterized as an
                                              representations are designed to ensure
                                                                                                          On March 16, 2015, The NASDAQ                      attribute that may be added to a
                                                18 The  Exchange represents that, in order to create   Stock Market LLC (‘‘Nasdaq’’ or the                   particular order.11 Accordingly, this
                                              NLS Plus, the system creating and supporting NLS         ‘‘Exchange’’) filed with the Securities               proposed rule change distinguishes
                                              Plus receives the individual data feeds from each        and Exchange Commission                               between ‘‘Order Types’’ and ‘‘Order
                                              of the NASDAQ OMX equity markets and, in turn,           (‘‘Commission’’), pursuant to section                 Attributes,’’ and provides descriptions
                                              aggregates and summarizes that data to create NLS
                                              Plus and then distribute it to end users. The            19(b)(1) of the Securities Exchange Act
                                              Exchange further represents that this is the same        of 1934 (‘‘Act’’) 1 and Rule 19b–4                      3 See Securities Exchange Act Release No. 74558

                                              process that a competing market data vendor would        thereunder,2 a proposed rule change to                (March 20, 2015), 80 FR 16050 (‘‘Notice’’).
                                              undergo should it want to create a market data                                                                   4 See Securities Exchange Act Release No. 74881,
                                              product similar to NLS Plus to distribute to its end
                                                                                                       amend and restate certain Nasdaq rules
                                                                                                                                                             80 FR 27216 (May 12, 2015).
                                              users. The Exchange also represents that a               that govern the Nasdaq Market Center in                 5 In Amendment No. 1, the Exchange proposed to
                                              competing market data vendor could receive the           order to provide a clearer and more                   correct typographical errors in the original filing,
                                              individual data feeds from each of the NASDAQ            detailed description of certain aspects of            further improve the clarity of certain rule language,
                                              OMX equity markets at the same time the system                                                                 and include additional explanation with regard to
                                              creating and supporting NLS Plus would for it to
                                                                                                       its functionality. The proposed rule
                                                                                                                                                             the purpose of the proposed rule change.
                                              create NLS Plus. Therefore, a competing market           change was published for comment in                     6 See Notice, 80 FR at 16050.
                                              data vendor could obtain the underlying data             the Federal Register on March 26,                       7 Id.; see also Mary Jo White, Chair, Commission,
                                              elements from the NASDAQ OMX equity markets
tkelley on DSK3SPTVN1PROD with NOTICES




                                                                                                                                                             Speech at the Sandler O’Neill & Partners, L.P.
                                              on the same latency basis as the system that would         19 15 U.S.C. 78k–1(c)(1)(C) and 17 CFR
                                                                                                                                                             Global Exchange and Brokerage Conference (June 5,
                                              be performing the aggregation and consolidation of       242.603(a)(2).                                        2014), available at http://www.sec.gov/News/
                                              proposed NLS Plus, and provide a similar product           20 15 U.S.C. 78f(b)(5) and (b)(8).                  Speech/Detail/Speech/1370542004312.
                                              to its customers with the same latency they could          21 15 U.S.C. 78s(b)(2).                               8 See Notice, 80 FR at 16050.
                                              achieve by purchasing NLS Plus from the Exchange.
                                                                                                         22 17 CFR 200.30–3(a)(12).                            9 Id.
                                              The Exchange further represents that it would
                                                                                                         1 15 U.S.C. 78s(b)(1).                                10 Id.
                                              access the underlying NLS feed from the same point
                                              as would a market data vendor.                             2 17 CFR 240.19b–4.                                   11 Id.




                                         VerDate Sep<11>2014   18:15 Jun 25, 2015   Jkt 235001   PO 00000   Frm 00109   Fmt 4703   Sfmt 4703   E:\FR\FM\26JNN1.SGM   26JNN1


                                              36866                           Federal Register / Vol. 80, No. 123 / Friday, June 26, 2015 / Notices

                                              of the Order Attributes that may be                     Peg Post-Only Orders; orders designated                 permit unfair discrimination between
                                              attached to particular Order Types.12                   with both Pegging and Routing                           customers, issuers, brokers, or dealers.
                                                 Currently, Nasdaq Rule 4751 sets                     attributes; Minimum Quantity Orders;                       The Commission notes that the
                                              forth most of the rules governing                       and orders designated with a reactive                   Exchange believes that the proposal is
                                              Nasdaq’s Order Types and Order                          routing strategy.20 For example, the                    consistent with section 6(b)(5) of the Act
                                              Attributes, as well as other defined                    Exchange states that for Order Types                    because the reorganized and enhanced
                                              terms that pertain to trading securities                that list both Pegging and Routing as                   descriptions of its Order Types, Order
                                              on the Exchange.13 Nasdaq proposes to                   possible Order Attributes, the two Order                Attributes, and related System
                                              restate and amend Rule 4751 as new                      Attributes may be combined since                        functionality should promote just and
                                              Rule 4701.14 Nasdaq also proposes to                    Pegging serves to establish the price of                equitable principles of trade and perfect
                                              amend the definitions pertaining to                     the order, while Routing establishes the                the mechanisms of a free and open
                                              Order Types and Order Attributes and                    market center(s) to which the system’s                  market and the national market system
                                              to relocate them from Rule 4751 to new                  routing functionality may direct a                      by providing greater clarity concerning
                                              Rules 4702 (Order Types) and 4703                       routed order if liquidity is available at               certain aspects of the System’s
                                              (Order Attributes), respectively.15 In                  that price.21 The Exchange also                         operations.27 In addition, the
                                              addition, Nasdaq proposes certain                       proposes to add further specification                   Commission notes that Nasdaq believes
                                              conforming and technical changes to                     regarding the availability of certain                   that the proposed rule change should
                                              Rules 4752, 4754–4758, and 4780.16                      order types only through certain                        contribute to the protection of investors
                                                 Nasdaq represents that, except where                                                                         and the public interest by making
                                                                                                      communication protocols.22 For
                                              specifically stated otherwise, all                                                                              Nasdaq’s rules easier to understand.28
                                                                                                      example, the Exchange states that a
                                              proposed rules are restatements of                                                                              Further, Nasdaq believes that additional
                                                                                                      Post-Only Order with a TIF of IOC may
                                              existing rules and are not intended to                                                                          specificity in its rules will promote a
                                              reflect substantive changes to the rule                 not be entered through the RASH, QIX,
                                                                                                                                                              better understanding of Nasdaq’s
                                              text or the operation of the Nasdaq                     or FIX protocols.23 In addition, the
                                                                                                                                                              operation, thereby facilitating fair
                                              Market Center.17 Proposed Rule 4702                     Exchange proposes to add language
                                                                                                                                                              competition among brokers and dealers
                                              related to Order Types contains                         stating that one or more Order                          and among markets.29
                                              definitions and descriptions of Price to                Attributes may be assigned to a single                     The Commission notes that, according
                                              Comply Orders, Price to Display Orders                  order, but if the use of multiple Order                 to the Exchange, the proposal does not
                                              (referred to as ‘‘Price to Comply Post                  Attributes would result in contradictory                add any new functionality but instead
                                              Orders’’ in current Rule 4751),18 Non-                  instructions, the system will reject the                re-organizes the Exchange’s order type
                                              Displayed Orders, Post-Only Orders,                     order or remove non-conforming Order                    rules and provides additional detail
                                              Midpoint Peg Post-Only Orders,                          Attributes.24                                           regarding the order type functionality
                                              Supplemental Orders, Market Maker Peg                                                                           currently offered by the Exchange.
                                              Orders, Market on Open Orders, Limit                                                                            Based on the Exchange’s representation,
                                              on Open Orders, Opening Imbalance                       III. Discussion and Commission                          the Commission believes that the
                                              Only Orders, Market on Close Orders,                    Findings                                                proposed rule change does not raise any
                                              Limit on Close Orders, and Imbalance                                                                            novel regulatory considerations and
                                              Only Orders. Proposed Rule 4703                            After careful review, the Commission                 should provide greater specificity,
                                              related to Order Attributes contains                    finds that the proposed rule change is                  clarity and transparency with respect to
                                              definitions and descriptions of time-in-                consistent with the requirements of the                 the order type functionality available on
                                              force (‘‘TIF’’) modifiers, order size, order            Act and the rules and regulations                       the Exchange. In addition, the
                                              price, pegging, minimum quantity,                       thereunder applicable to a national                     Commission notes that the Exchange’s
                                              routing, discretion, reserve size,                      securities exchange.25 In particular, the               proposed rule changes provide
                                              attribution, intermarket sweep order                    Commission finds that the proposed                      additional detail related to functionality
                                              (‘‘ISO’’) designation, display, and                     rule change is consistent with section                  for certain order types and the handling
                                              participation in the Nasdaq opening                     6(b)(5) of the Act,26 which requires,                   of orders during initial entry and after
                                              cross or closing cross.19                               among other things, that the rules of a                 posting to the Nasdaq Book.
                                                 In Amendment No. 1, the Exchange                     national securities exchange be                         Accordingly, the Commission believes
                                              proposes to add language further                        designed to prevent fraudulent and                      that this proposed rule change should
                                              explaining the operation of the                         manipulative acts and practices, to                     provide greater transparency with
                                              following order types: Post-Only Orders;                promote just and equitable principles of                respect to the Exchange’s order type
                                              orders with a time-in-force of IOC,                     trade, to foster cooperation and                        functionality. For these reasons, the
                                              including Routable Orders and Post-                     coordination with persons engaged in                    Commission believes that the proposal
                                              Only Orders; Market Maker Peg Orders;                   facilitating transactions in securities, to             should help to prevent fraudulent and
                                              orders with Midpoint Pegging, Primary                   remove impediments to and perfect the                   manipulative acts and practices,
                                              Pegging or Market Pegging; Midpoint                     mechanism of a free and open market                     promote just and equitable principles of
                                                                                                      and a national market system, and, in                   trade, remove impediments to and
                                                12 Id.
                                                                                                      general, to protect investors and the                   perfect the mechanism of a free and
                                                13 See  Rule 4751.                                    public interest; and are not designed to                open market and a national market
                                                14 See  proposed Rule 4701.
                                                15 See proposed Rules 4702 and 4703.                                                                          system, and, in general, protect
                                                16 Nasdaq states that, in subsequent proposed rule
                                                                                                        20 See   Amendment No. 1.                             investors and the public interest.
                                                                                                        21 Id.
                                              changes, it plans to restate the remainder of its                                                                  The Commission finds good cause to
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                                                                                                        22 Id.
                                              Rules numbered 4752 through 4780 so that they                                                                   approve the filing, as amended by
                                              appear sequentially following Rule 4703. See              23 Id.
                                                                                                                                                              Amendment No. 1 to the proposed rule
                                              Notice, 80 FR at 16050.                                   24 Id.
                                                17 Id.                                                  25 In approving this proposed rule change, the
                                                                                                                                                              change, prior to the thirtieth day after
                                                18 Id. at 16054 n.29.                                 Commission has considered the proposed rule’s
                                                                                                                                                               27 See   Notice, 80 FR at 16069.
                                                19 The Notice contains additional details related     impact on efficiency, competition, and capital
                                              to proposed Rules 4702 and 4703. See Notice, 80         formation. See 15 U.S.C. 78c(f).                         28 Id.

                                              FR at 16051–69.                                           26 15 U.S.C. 78f(b)(5).                                29 Id.




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                                                                                  Federal Register / Vol. 80, No. 123 / Friday, June 26, 2015 / Notices                                                  36867

                                              the date of publication of notice of filing                public in accordance with the                          solicit comments on the proposed rule
                                              thereof in the Federal Register. The                       provisions of 5 U.S.C. 552, will be                    change from interested persons.
                                              proposed amendments should further                         available for Web site viewing and
                                                                                                                                                                I. Clearing Agency’s Statement of the
                                              increase the Exchange’s transparency                       printing in the Commission’s Public
                                                                                                                                                                Terms of Substance of the Proposed
                                              with respect to the operation of various                   Reference Room, 100 F Street NE.,
                                                                                                                                                                Rule Change
                                              order types and modifiers, and serve to                    Washington, DC 20549, on official
                                              enhance investors’ understanding of the                    business days between the hours of                        The Commission recently approved a
                                              tools available with respect to the                        10:00 a.m. and 3:00 p.m. Copies of the                 proposed rule change, and issued a
                                              handling of their orders. Accelerated                      filing also will be available for                      Notice of No-Objection to an Advance
                                              approval would allow the Exchange to                       inspection and copying at the principal                Notice Filing, concerning the
                                              update its rule text immediately, thus                     office of the Exchange. All comments                   establishment of procedures to resize
                                              providing users with greater clarity with                  received will be posted without change;                OCC’s Clearing Fund and the addition
                                              respect to the use and potential use of                    the Commission does not edit personal                  of financial resources through intra-day
                                              functionality offered by the Exchange.                     identifying information from                           margin calls and/or an intra-month
                                              In addition, the initial proposal was                      submissions. You should submit only                    increase of the Clearing Fund.3 This
                                              open for comment for twenty-one days                       information that you wish to make                      proposed rule change by OCC would
                                              after publication and generated no                         available publicly. All submissions                    codify the authority granted to OCC
                                              comment. Accordingly, the Commission                       should refer to File Number SR–                        through such approval and non-
                                              believes that good cause exists,                           NASDAQ–2015–024 and should be                          objection by amending the second
                                              consistent with sections 6(b)(5) and                       submitted on or before July 17, 2015.                  sentence of Rule 1001(a).
                                              19(b) of the Act,30 to approve the filing,                                                                        II. Clearing Agency’s Statement of the
                                              as amended by Amendment No. 1 to the                       V. Conclusion
                                                                                                                                                                Purpose of, and Statutory Basis for, the
                                              proposed rule change, on an accelerated                      It is therefore ordered, pursuant to                 Proposed Rule Change
                                              basis.                                                     section 19(b)(2) of the Act,31 that the                   In its filing with the Commission,
                                              IV. Solicitation of Comments                               proposed rule change (SR–NASDAQ–                       OCC included statements concerning
                                                Interested persons are invited to                        2015–024) be, and it hereby is,                        the purpose of and basis for the
                                              submit written data, views, and                            approved, asamended.                                   proposed rule change and discussed any
                                              arguments concerning the foregoing,                          For the Commission, by the Division of               comments it received on the proposed
                                              including whether the proposed rule                        Trading and Markets, pursuant to delegated             rule change. The text of these statements
                                              change, as amended, is consistent with                     authority.32                                           may be examined at the places specified
                                              the Act. Comments may be submitted by                      Robert W. Errett,                                      in Item IV below. OCC has prepared
                                              any of the following methods:                              Deputy Secretary.                                      summaries, set forth in sections (A), (B),
                                                                                                         [FR Doc. 2015–15686 Filed 6–25–15; 8:45 am]            and (C) below, of the most significant
                                              Electronic Comments                                                                                               aspects of these statements.
                                                                                                         BILLING CODE 8011–01–P
                                                • Use the Commission’s Internet
                                              comment form (http://www.sec.gov/                                                                                 (A) Clearing Agency’s Statement of the
                                              rules/sro.shtml); or                                                                                              Purpose of, and Statutory Basis for, the
                                                                                                         SECURITIES AND EXCHANGE
                                                • Send an email to rule-comments@                                                                               Proposed Rule Change
                                                                                                         COMMISSION
                                              sec.gov. Please include File Number SR–                                                                           1. Purpose
                                              NASDAQ–2015–024 on the subject line.                       [Release No. 34–75260; File No. SR–OCC–                   OCC is submitting this proposed rule
                                              Paper Comments                                             2015–013]                                              change to amend Rule 1001(a) in order
                                                 • Send paper comments in triplicate                                                                            to codify the Commission’s recent
                                                                                                         Self-Regulatory Organizations; The                     approval of and non-objection to
                                              to Robert W. Errett, Deputy Secretary,                     Options Clearing Corporation; Notice
                                              Securities and Exchange Commission,                                                                               procedures for resizing the Clearing
                                                                                                         of Filing of Proposed Rule Change To                   Fund on a monthly basis and increasing
                                              100 F Street NE., Washington, DC                           Codify Procedures for Resizing the
                                              20549–1090.                                                                                                       such Clearing Fund size on an intra-
                                                                                                         Options Clearing Corporation’s                         month basis to ensure OCC maintains
                                              All submissions should refer to File                       Clearing Fund on a Monthly Basis and                   sufficient financial resources consistent
                                              Number SR–NASDAQ–2015–024. This                            Increasing Such Clearing Fund Size on                  with regulatory requirements.4
                                              file number should be included on the                      an Intra-Month Basis                                      On October 16, 2014, OCC filed a
                                              subject line if email is used. To help the
                                                                                                         June 22, 2015.                                         notice reflecting emergency action taken
                                              Commission process and review your
                                                                                                                                                                to permit it to increase the size of the
                                              comments more efficiently, please use                         Pursuant to Section 19(b)(1) of the                 Clearing Fund intra-month to ensure
                                              only one method. The Commission will                       Securities Exchange Act of 1934                        that it had sufficient financial resources
                                              post all comments on the Commission’s                      (‘‘Act’’) 1 and Rule 19b–4 thereunder,2                to cover the potential loss associated
                                              Internet Web site (http://www.sec.gov/                     notice is hereby given that on June 19,                with a Clearing Member default that
                                              rules/sro.shtml). Copies of the                            2015, The Options Clearing Corporation                 presented the largest exposure to OCC
                                              submission, all subsequent                                 (‘‘OCC’’) filed with the Securities and                under extreme but plausible market
                                              amendments, all written statements                         Exchange Commission (‘‘Commission’’)                   conditions.5 The Commission since has
                                              with respect to the proposed rule                          the proposed rule change as described
                                              change that are filed with the                             in Items I, II and III below, which Items                3 See Securities Exchange Act Release No. 74980
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                                              Commission, and all written                                have been prepared by OCC. The                         (May 15, 2015), 80 FR 29364 (May 21, 2015) (SR–
                                              communications relating to the                             Commission is publishing this notice to                OCC–2015–009). See also Securities Exchange Act
                                              proposed rule change between the                                                                                  Release No. 74981 (May 15, 2015), 80 FR 29367
                                                                                                                                                                (May 21, 2015) (SR–OCC–2014–811).
                                              Commission and any person, other than                        31 15 U.S.C. 78s(b)(2).                                4 Id.
                                              those that may be withheld from the                          32 17 CFR 200.30–3(a)(12).                             5 See Securities Exchange Act Release No. 73579
                                                                                                           1 15 U.S.C. 78s(b)(1).
                                                                                                                                                                (November 12, 2014), 79 FR 68747 (November 18,
                                                30 15   U.S.C. 78f(b)(5); 15 U.S.C. 78s(b).                2 17 CFR 240.19b–4.                                                                           Continued




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Document Created: 2015-12-15 14:15:52
Document Modified: 2015-12-15 14:15:52
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 36865 

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