80_FR_38372 80 FR 38245 - Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Modify Recent Changes to Rules 4751(h) and 4754(b)

80 FR 38245 - Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Modify Recent Changes to Rules 4751(h) and 4754(b)

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 127 (July 2, 2015)

Page Range38245-38247
FR Document2015-16274

Federal Register, Volume 80 Issue 127 (Thursday, July 2, 2015)
[Federal Register Volume 80, Number 127 (Thursday, July 2, 2015)]
[Notices]
[Pages 38245-38247]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-16274]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75316; File No. SR-NASDAQ-2015-064]


Self-Regulatory Organizations; The NASDAQ Stock Market LLC; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To 
Modify Recent Changes to Rules 4751(h) and 4754(b)

June 26, 2015.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on June 19, 2015, The NASDAQ Stock Market LLC (``NASDAQ'' or 
``Exchange'') filed with the Securities and Exchange Commission 
(``SEC'' or ``Commission'') the proposed rule change as described in 
Items I, II, and III, below, which Items have been prepared by the 
Exchange. The Commission is publishing this notice to solicit comments 
on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the 
Substance of the Proposed Rule Change

    The Exchange proposes to modify recent changes to Rules 4751(h) and 
4754(b), which are effective but not yet implemented.
    The text of the proposed rule change is available on the Exchange's 
Web site at http://nasdaq.cchwallstreet.com, at the principal office of 
the Exchange, and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements 
concerning the purpose of and basis for the proposed rule change and 
discussed any comments it received on the proposed rule change. The 
text of these statements may be examined at the places specified in 
Item IV below. The Exchange has prepared summaries, set forth in 
sections A, B, and C below, of the most significant aspects of such 
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    NASDAQ is proposing to modify certain recent changes made to Rules 
4751(h) and 4754(b), which are effective but not yet implemented. On 
December 16, 2014, the Exchange filed an immediately effective filing 
\3\ to amend the processing of the Closing Cross under Rule 4754(b) to 
adopt a ``Lockdown Period,'' the point at which NASDAQ would close the 
order book for participation in the Closing Cross and the continuous 
market, and which would represent the close of the Regular Market 
Session.\4\ The Exchange also amended Rule 4751(h) to harmonize the 
processing of Market Hours Day orders \5\ and Good-til-market close 
orders \6\ upon initiation of the Lockdown Period.
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    \3\ Securities Exchange Act Release No. 73943 (December 24, 
2014), 80 FR 69 (January 2, 2015) (SR-NASDAQ-2014-123).
    \4\ As defined by Rule 4120(b)(4)(D).
    \5\ See Rule 4751(h)(6).
    \6\ See Rule 4751(h)(8).
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    The Exchange had originally anticipated implementing the changes in 
mid-February 2015, after the expiration of the 30-day operative delay 
provided by Rule 19b-4(f)(6)(iii) under the Act.\7\ The Exchange 
subsequently

[[Page 38246]]

extended the period for implementation to Monday, April 13, 2015,\8\ 
and then again until successful completion of a User Acceptance Test to 
ensure the proper function of the proposed changes.\9\ Upon successful 
completion of that test, the Exchange committed to announce a new 
implementation date and provide notice of that date to the industry.
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    \7\ 17 CFR 240.19b-4(f)(6)(iii).
    \8\ Securities Exchange Act Release No. 74342 (February 20, 
2015), 80 FR 10562 (February 26, 2015) (SR-NASDAQ-2015-014).
    \9\ Securities Exchange Act Release No. 74795 (April 23, 2015), 
80 FR 23839 (April 29, 2015) (SR-NASDAQ-2015-038).
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    The Exchange originally proposed to adopt the Lockdown Period so 
that there would be a time at which no further orders would be accepted 
for participation in the regular hours market including the Closing 
Cross.\10\ The Closing Cross is the process by which NASDAQ determines 
the price at which orders will be executed at market close. Each 
trading day, NASDAQ accepts orders designated to participate in the 
Closing Cross.\11\ Beginning at 3:50 p.m. Eastern Time, NASDAQ 
disseminates an Order Imbalance Indicator \12\ every five seconds until 
market close, which allows market participants to see the nature of 
interest in a security and make investment decisions accordingly. The 
NASDAQ closing process is initiated at 4:00 p.m. Eastern Time, after 
which individual Closing Crosses are conducted for each security traded 
on NASDAQ.\13\ During the brief period between the initiation of the 
closing process and the conclusion of the last Closing Cross,\14\ the 
continuous order book is open to accept orders and cancellations in a 
security until the Closing Cross for that security is complete. These 
orders can affect the ultimate closing price of the security.
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    \10\ See Rule 4754.
    \11\ See Rule 4754(a)(1) for a description of quotes and orders 
eligible for participation in the Closing Cross.
    \12\ The Order Imbalance Indicator provides information about 
orders eligible to participate in the Closing Cross and the price at 
which those orders would execute at the time of dissemination.
    \13\ Once the closing process is initiated, the System will 
execute crosses in each individual security traded on NASDAQ one by 
one. The order in which each security is processed is random and 
differs day by day.
    \14\ This brief period is normally well under one second.
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    The Exchange proposed adopting the Lockdown Period in an effort to 
avoid a potential risk, albeit slight, that the closing price of a 
security may be significantly altered by an aberrant order in a 
security due to an error.\15\ The Exchange had balanced the benefits of 
allowing orders up to the completion of the cross in an individual 
security against the potential risk of an aberrant order affecting the 
closing price of a security, and determined that setting a time after 
which orders for participation in the cross would no longer be accepted 
was the best approach to minimize risk. As the Exchange prepared to 
implement the new process, a further review from technological and 
broader market impact perspectives was conducted. This additional in-
depth review raised concerns regarding the challenges with maintaining 
a lockdown state on the Exchange. In particular, the Exchange 
reevaluated whether market participants, including other exchanges, 
would react negatively to the brief Lockdown Period during which the 
Exchange would not accept orders. Additionally, the Lockdown Period 
introduced technological challenges that the Exchange believes were 
addressed successfully. Nonetheless even successful solutions to 
difficult challenges can create unforeseen risks. As such, the Exchange 
has determined that the risk associated with making a broad change such 
as the Lockdown Period outweighs the risk associated with isolated 
events in which an order may have an undesirable impact on a particular 
security. As a consequence, the Exchange is eliminating from Rule 
4754(b) text stating that, beginning at 4:00 p.m. Eastern Time, no 
further orders will be accepted for participation in the Closing Cross 
or the continuous market, and is replacing it with new rule text which 
makes it clear that the Exchange will accept orders for participation 
in the Closing Cross or the continuous market after 4:00 p.m. Eastern 
Time up to the conclusion of the Closing Cross in the individual 
security.
---------------------------------------------------------------------------

    \15\ For example, a member firm that enters an order that is 
erroneous in price and/or size may cause significant order 
imbalances, which may cause the closing price of the security to be 
significantly different from what is anticipated.
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    As a consequence of the proposed changes to Rule 4754(b), the 
Exchange is proposing to modify rule text in Rules 4751(h)(6) and (8), 
which note that the Exchange will not accept MDAY and GTMC Orders, 
respectively, after 4:00 p.m. Eastern Time. The Exchange is amending 
this language to make it clear that the System will accept such orders 
up to the conclusion of the Closing Cross in the individual security, 
which will occur sometime after 4:00 p.m. Eastern Time. A MDAY or GTMC 
order entered after completion of the Closing Cross in the security for 
which the order was designated will not be accepted.
    The Exchange will begin implementation of the proposed changes the 
week of August 17, 2015 and will complete the implementation the week 
of August 31, 2015. The Exchange will issue an Equity Trader Alert 
notifying Exchange member firms of the changes.
2. Statutory Basis
    NASDAQ believes that the proposed rule change is consistent with 
the provisions of section 6 of the Act,\16\ in general, and with 
section 6(b)(5) of the Act,\17\ in particular, because it is 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 regulating, clearing, settling, 
processing information with respect to, and 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 is not designed to 
permit unfair discrimination between customers, issuers, brokers, or 
dealers.
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78f.
    \17\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed changes to Rules 4751(h) 
and 4754(b) further perfect the NASDAQ market and serve to protect 
investors because they are designed to minimize risk and promote 
consistency in the closing process. Although the Exchange had 
originally adopted the Lockdown Period to address a potential and 
slight risk that an aberrant trade could affect the closing price of a 
security, it has since determined that instituting such a change would 
introduce new risks to the closing process, which would outweigh the 
benefit of adopting the Lockdown Period. As such, the Exchange believes 
the proposed changes protect investors and the public interest because 
they will serve to minimize risk in the closing process while also 
promoting both consistency in how MDAY and GTMC orders are handled in 
the closing process and transparency in the process for handling orders 
at the close.

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

    NASDAQ does not believe that the proposed rule change will result 
in any burden on competition that is not necessary or appropriate in 
furtherance of the purposes of the Act, as amended.\18\ The Exchange 
believes that the proposal is irrelevant to competition because it is 
not driven by, and will have no impact on, competition. Specifically, 
the proposal is

[[Page 38247]]

representative of the Exchange's efforts to minimize risk in its market 
during the closing process, and to harmonize and simplify the 
processing of MDAY and GTMC orders during the closing process.
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78f(b)(8).
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C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    No written comments were either solicited or received.

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

    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)(iii) of the Act \19\ and 
subparagraph (f)(6) of Rule 19b-4 thereunder.\20\ At any time within 60 
days of the filing of the proposed rule change, the Commission 
summarily may temporarily suspend such rule change if it appears to the 
Commission that such action is: (i) Necessary or appropriate in the 
public interest; (ii) for the protection of investors; or (iii) 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission shall institute proceedings to 
determine whether the proposed rule should be approved or disapproved.
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78s(b)(3)(a)(iii).
    \20\ 17 CFR 240.19b-4(f)(6).
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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 rule-comments@sec.gov. Please include 
File Number SR-NASDAQ-2015-064 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-2015-064. This 
file number should be included on the subject line if email is used. To 
help the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549 on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available 
for inspection and copying at the principal offices of the Exchange. 
All comments received will be posted without change; the Commission 
does not edit personal identifying information from submissions. You 
should submit only information that you wish to make available 
publicly. All submissions should refer to File Number SR-NASDAQ-2015-
064, and should be submitted on or before July 23, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\21\
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    \21\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-16274 Filed 7-1-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                    Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Notices                                                    38245

                                                    approval of the extension and expansion                  Commission, and all written                             I. Self-Regulatory Organization’s
                                                    of the Pilot Program and will allow the                  communications relating to the                          Statement of the Terms of the Substance
                                                    Exchange and the Commission                              proposed rule change between the                        of the Proposed Rule Change
                                                    additional time to analyze the impact of                 Commission and any person, other than                      The Exchange proposes to modify
                                                    the Pilot Program.10 Accordingly, the                    those that may be withheld from the                     recent changes to Rules 4751(h) and
                                                    Commission designates the proposed                       public in accordance with the                           4754(b), which are effective but not yet
                                                    rule change as operative upon filing                     provisions of 5 U.S.C. 552, will be                     implemented.
                                                    with the Commission.11                                   available for Web site viewing and                         The text of the proposed rule change
                                                       At any time within 60 days of the                     printing in the Commission’s Public                     is available on the Exchange’s Web site
                                                    filing of such proposed rule change, the                 Reference Room, 100 F Street NE.,                       at http://nasdaq.cchwallstreet.com, at
                                                    Commission summarily may                                 Washington, DC 20549–1090 on official                   the principal office of the Exchange, and
                                                    temporarily suspend such rule change if                  business days between the hours of                      at the Commission’s Public Reference
                                                    it appears to the Commission that such                   10:00 a.m. and 3:00 p.m. Copies of the                  Room.
                                                    action is necessary or appropriate in the                filing will also be available for
                                                    public interest, for the protection of                   inspection and copying at the principal                 II. Self-Regulatory Organization’s
                                                    investors, or otherwise in furtherance of                office of the Exchange. All comments                    Statement of the Purpose of, and
                                                    the purposes of the Act. If the                          received will be posted without change;                 Statutory Basis for, the Proposed Rule
                                                    Commission takes such action, the                        the Commission does not edit personal                   Change
                                                    Commission shall institute proceedings                   identifying information from                              In its filing with the Commission, the
                                                    under Section 19(b)(2)(B) 12 of the Act to               submissions. You should submit only                     Exchange included statements
                                                    determine whether the proposed rule                      information that you wish to make                       concerning the purpose of and basis for
                                                    change should be approved or                             available publicly. All submissions                     the proposed rule change and discussed
                                                    disapproved.                                             should refer to File Number SR–ISE                      any comments it received on the
                                                    IV. Solicitation of Comments                             Gemini–2015–12 and should be                            proposed rule change. The text of these
                                                                                                             submitted on or before July 23, 2015.                   statements may be examined at the
                                                      Interested persons are invited to
                                                    submit written data, views, and                            For the Commission, by the Division of                places specified in Item IV below. The
                                                    arguments concerning the foregoing,                      Trading and Markets, pursuant to delegated              Exchange has prepared summaries, set
                                                    including whether the proposed rule                      authority.13                                            forth in sections A, B, and C below, of
                                                    change is consistent with the Act.                       Robert W. Errett,                                       the most significant aspects of such
                                                    Comments may be submitted by any of                                                                              statements.
                                                                                                             Deputy Secretary.
                                                    the following methods:                                   [FR Doc. 2015–16273 Filed 7–1–15; 8:45 am]              A. Self-Regulatory Organization’s
                                                    Electronic Comments                                      BILLING CODE 8011–01–P                                  Statement of the Purpose of, and
                                                                                                                                                                     Statutory Basis for, the Proposed Rule
                                                      • Use the Commission’s Internet                                                                                Change
                                                    comment form (http://www.sec.gov/                        SECURITIES AND EXCHANGE
                                                    rules/sro.shtml); or                                                                                             1. Purpose
                                                                                                             COMMISSION
                                                      • Send an email to rule-comments@                                                                                 NASDAQ is proposing to modify
                                                    sec.gov. Please include File Number SR–                                                                          certain recent changes made to Rules
                                                    ISE Gemini–2015–12 on the subject line.                  [Release No. 34–75316; File No. SR–
                                                                                                                                                                     4751(h) and 4754(b), which are effective
                                                                                                             NASDAQ–2015–064]
                                                    Paper Comments                                                                                                   but not yet implemented. On December
                                                                                                             Self-Regulatory Organizations; The                      16, 2014, the Exchange filed an
                                                       • Send paper comments in triplicate                                                                           immediately effective filing 3 to amend
                                                    to Secretary, Securities and Exchange                    NASDAQ Stock Market LLC; Notice of
                                                                                                             Filing and Immediate Effectiveness of                   the processing of the Closing Cross
                                                    Commission, 100 F Street NE.,                                                                                    under Rule 4754(b) to adopt a
                                                    Washington, DC 20549–1090.                               Proposed Rule Change To Modify
                                                                                                             Recent Changes to Rules 4751(h) and                     ‘‘Lockdown Period,’’ the point at which
                                                    All submissions should refer to File                                                                             NASDAQ would close the order book
                                                    Number SR–ISE Gemini–2015–12. This                       4754(b)
                                                                                                                                                                     for participation in the Closing Cross
                                                    file number should be included on the                    June 26, 2015.                                          and the continuous market, and which
                                                    subject line if email is used. To help the                                                                       would represent the close of the Regular
                                                    Commission process and review your                          Pursuant to section 19(b)(1) of the
                                                                                                             Securities Exchange Act of 1934                         Market Session.4 The Exchange also
                                                    comments more efficiently, please use                                                                            amended Rule 4751(h) to harmonize the
                                                    only one method. The Commission will                     (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                                                                             notice is hereby given that on June 19,                 processing of Market Hours Day orders 5
                                                    post all comments on the Commission’s                                                                            and Good-til-market close orders 6 upon
                                                    Internet Web site (http://www.sec.gov/                   2015, The NASDAQ Stock Market LLC
                                                                                                             (‘‘NASDAQ’’ or ‘‘Exchange’’) filed with                 initiation of the Lockdown Period.
                                                    rules/sro.shtml). Copies of the                                                                                     The Exchange had originally
                                                    submission, all subsequent                               the Securities and Exchange
                                                                                                             Commission (‘‘SEC’’ or ‘‘Commission’’)                  anticipated implementing the changes
                                                    amendments, all written statements                                                                               in mid-February 2015, after the
                                                    with respect to the proposed rule                        the proposed rule change as described
                                                                                                             in Items I, II, and III, below, which Items             expiration of the 30-day operative delay
                                                    change that are filed with the                                                                                   provided by Rule 19b–4(f)(6)(iii) under
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                             have been prepared by the Exchange.
                                                                                                             The Commission is publishing this                       the Act.7 The Exchange subsequently
                                                       10 See Securities Exchange Act Release No. 61061

                                                    (November 24, 2009), 74 FR 62857 (December 1,            notice to solicit comments on the
                                                                                                                                                                       3 Securities Exchange Act Release No. 73943
                                                    2009) (SR–NYSEArca–2009–44).                             proposed rule change from interested
                                                       11 For purposes only of waiving the operative                                                                 (December 24, 2014), 80 FR 69 (January 2, 2015)
                                                                                                             persons.                                                (SR–NASDAQ–2014–123).
                                                    delay for this proposal, the Commission has
                                                                                                                                                                       4 As defined by Rule 4120(b)(4)(D).
                                                    considered the proposed rule’s impact on
                                                                                                                  13 17 CFR 200.30–3(a)(12).                           5 See Rule 4751(h)(6).
                                                    efficiency, competition, and capital formation. See
                                                    15 U.S.C. 78c(f).                                             1 15 U.S.C. 78s(b)(1).                               6 See Rule 4751(h)(8).
                                                       12 15 U.S.C. 78s(b)(2)(B).                                 2 17 CFR 240.19b–4.                                  7 17 CFR 240.19b–4(f)(6)(iii).




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                                                    38246                           Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Notices

                                                    extended the period for implementation                   Exchange had balanced the benefits of                 and will complete the implementation
                                                    to Monday, April 13, 2015,8 and then                     allowing orders up to the completion of               the week of August 31, 2015. The
                                                    again until successful completion of a                   the cross in an individual security                   Exchange will issue an Equity Trader
                                                    User Acceptance Test to ensure the                       against the potential risk of an aberrant             Alert notifying Exchange member firms
                                                    proper function of the proposed                          order affecting the closing price of a                of the changes.
                                                    changes.9 Upon successful completion                     security, and determined that setting a
                                                                                                                                                                   2. Statutory Basis
                                                    of that test, the Exchange committed to                  time after which orders for participation
                                                    announce a new implementation date                       in the cross would no longer be                          NASDAQ believes that the proposed
                                                    and provide notice of that date to the                   accepted was the best approach to                     rule change is consistent with the
                                                    industry.                                                minimize risk. As the Exchange                        provisions of section 6 of the Act,16 in
                                                       The Exchange originally proposed to                   prepared to implement the new process,                general, and with section 6(b)(5) of the
                                                    adopt the Lockdown Period so that there                  a further review from technological and               Act,17 in particular, because it is
                                                    would be a time at which no further                      broader market impact perspectives was                designed to prevent fraudulent and
                                                    orders would be accepted for                             conducted. This additional in-depth                   manipulative acts and practices, to
                                                    participation in the regular hours                       review raised concerns regarding the                  promote just and equitable principles of
                                                    market including the Closing Cross.10                    challenges with maintaining a lockdown                trade, to foster cooperation and
                                                    The Closing Cross is the process by                      state on the Exchange. In particular, the             coordination with persons engaged in
                                                    which NASDAQ determines the price at                     Exchange reevaluated whether market                   regulating, clearing, settling, processing
                                                    which orders will be executed at market                  participants, including other exchanges,              information with respect to, and
                                                    close. Each trading day, NASDAQ                          would react negatively to the brief                   facilitating transactions in securities, to
                                                    accepts orders designated to participate                 Lockdown Period during which the                      remove impediments to and perfect the
                                                    in the Closing Cross.11 Beginning at 3:50                Exchange would not accept orders.                     mechanism of a free and open market
                                                    p.m. Eastern Time, NASDAQ                                Additionally, the Lockdown Period                     and a national market system, and, in
                                                    disseminates an Order Imbalance                          introduced technological challenges                   general, to protect investors and the
                                                    Indicator 12 every five seconds until                    that the Exchange believes were                       public interest; and is not designed to
                                                    market close, which allows market                        addressed successfully. Nonetheless                   permit unfair discrimination between
                                                    participants to see the nature of interest               even successful solutions to difficult                customers, issuers, brokers, or dealers.
                                                                                                             challenges can create unforeseen risks.                  The Exchange believes that the
                                                    in a security and make investment
                                                                                                             As such, the Exchange has determined                  proposed changes to Rules 4751(h) and
                                                    decisions accordingly. The NASDAQ
                                                                                                             that the risk associated with making a                4754(b) further perfect the NASDAQ
                                                    closing process is initiated at 4:00 p.m.
                                                                                                             broad change such as the Lockdown                     market and serve to protect investors
                                                    Eastern Time, after which individual
                                                                                                             Period outweighs the risk associated                  because they are designed to minimize
                                                    Closing Crosses are conducted for each
                                                                                                             with isolated events in which an order                risk and promote consistency in the
                                                    security traded on NASDAQ.13 During
                                                                                                             may have an undesirable impact on a                   closing process. Although the Exchange
                                                    the brief period between the initiation of
                                                                                                             particular security. As a consequence,                had originally adopted the Lockdown
                                                    the closing process and the conclusion
                                                                                                             the Exchange is eliminating from Rule                 Period to address a potential and slight
                                                    of the last Closing Cross,14 the
                                                                                                             4754(b) text stating that, beginning at               risk that an aberrant trade could affect
                                                    continuous order book is open to accept
                                                                                                             4:00 p.m. Eastern Time, no further                    the closing price of a security, it has
                                                    orders and cancellations in a security
                                                                                                             orders will be accepted for participation             since determined that instituting such a
                                                    until the Closing Cross for that security
                                                                                                             in the Closing Cross or the continuous                change would introduce new risks to
                                                    is complete. These orders can affect the
                                                                                                             market, and is replacing it with new                  the closing process, which would
                                                    ultimate closing price of the security.
                                                                                                             rule text which makes it clear that the               outweigh the benefit of adopting the
                                                       The Exchange proposed adopting the                    Exchange will accept orders for                       Lockdown Period. As such, the
                                                    Lockdown Period in an effort to avoid                    participation in the Closing Cross or the             Exchange believes the proposed changes
                                                    a potential risk, albeit slight, that the                continuous market after 4:00 p.m.                     protect investors and the public interest
                                                    closing price of a security may be                       Eastern Time up to the conclusion of the              because they will serve to minimize risk
                                                    significantly altered by an aberrant                     Closing Cross in the individual security.             in the closing process while also
                                                    order in a security due to an error.15 The                  As a consequence of the proposed                   promoting both consistency in how
                                                      8 Securities Exchange Act Release No. 74342
                                                                                                             changes to Rule 4754(b), the Exchange                 MDAY and GTMC orders are handled in
                                                    (February 20, 2015), 80 FR 10562 (February 26,
                                                                                                             is proposing to modify rule text in Rules             the closing process and transparency in
                                                    2015) (SR–NASDAQ–2015–014).                              4751(h)(6) and (8), which note that the               the process for handling orders at the
                                                      9 Securities Exchange Act Release No. 74795            Exchange will not accept MDAY and                     close.
                                                    (April 23, 2015), 80 FR 23839 (April 29, 2015) (SR–      GTMC Orders, respectively, after 4:00
                                                    NASDAQ–2015–038).                                        p.m. Eastern Time. The Exchange is                    B. Self-Regulatory Organization’s
                                                      10 See Rule 4754.
                                                                                                             amending this language to make it clear               Statement on Burden on Competition
                                                      11 See Rule 4754(a)(1) for a description of quotes

                                                    and orders eligible for participation in the Closing     that the System will accept such orders                 NASDAQ does not believe that the
                                                    Cross.                                                   up to the conclusion of the Closing                   proposed rule change will result in any
                                                      12 The Order Imbalance Indicator provides              Cross in the individual security, which               burden on competition that is not
                                                    information about orders eligible to participate in      will occur sometime after 4:00 p.m.                   necessary or appropriate in furtherance
                                                    the Closing Cross and the price at which those
                                                    orders would execute at the time of dissemination.
                                                                                                             Eastern Time. A MDAY or GTMC order                    of the purposes of the Act, as
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                                                      13 Once the closing process is initiated, the          entered after completion of the Closing               amended.18 The Exchange believes that
                                                    System will execute crosses in each individual           Cross in the security for which the order             the proposal is irrelevant to competition
                                                    security traded on NASDAQ one by one. The order          was designated will not be accepted.                  because it is not driven by, and will
                                                    in which each security is processed is random and           The Exchange will begin                            have no impact on, competition.
                                                    differs day by day.
                                                      14 This brief period is normally well under one
                                                                                                             implementation of the proposed                        Specifically, the proposal is
                                                    second.                                                  changes the week of August 17, 2015
                                                      15 For example, a member firm that enters an                                                                   16 15 U.S.C. 78f.
                                                                                                                                                                     17 15 U.S.C. 78f(b)(5).
                                                    order that is erroneous in price and/or size may         cause the closing price of the security to be
                                                    cause significant order imbalances, which may            significantly different from what is anticipated.       18 15 U.S.C. 78f(b)(8).




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                                                                                        Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Notices                                            38247

                                                    representative of the Exchange’s efforts                  file number should be included on the                   (‘‘Commission’’) the proposed rule
                                                    to minimize risk in its market during the                 subject line if email is used. To help the              change as described in Items I and II
                                                    closing process, and to harmonize and                     Commission process and review your                      below, which Items have been prepared
                                                    simplify the processing of MDAY and                       comments more efficiently, please use                   by the Exchange. The Exchange has
                                                    GTMC orders during the closing                            only one method. The Commission will                    designated the proposed rule change as
                                                    process.                                                  post all comments on the Commission’s                   one establishing or changing a member
                                                                                                              Internet Web site (http://www.sec.gov/                  due, fee, or other charge imposed by the
                                                    C. Self-Regulatory Organization’s                         rules/sro.shtml). Copies of the                         Exchange under section 19(b)(3)(A)(ii)
                                                    Statement on Comments on the                              submission, all subsequent                              of the Act 3 and Rule 19b–4(f)(2)
                                                    Proposed Rule Change Received From                        amendments, all written statements                      thereunder,4 which renders the
                                                    Members, Participants, or Others                          with respect to the proposed rule                       proposed rule change effective upon
                                                      No written comments were either                         change that are filed with the                          filing with the Commission. The
                                                    solicited or received.                                    Commission, and all written                             Commission is publishing this notice to
                                                                                                              communications relating to the                          solicit comments on the proposed rule
                                                    III. Date of Effectiveness of the
                                                                                                              proposed rule change between the                        change from interested persons.
                                                    Proposed Rule Change and Timing for
                                                                                                              Commission and any person, other than
                                                    Commission Action                                                                                                 I. Self-Regulatory Organization’s
                                                                                                              those that may be withheld from the
                                                       Because the foregoing proposed rule                                                                            Statement of the Terms of Substance of
                                                                                                              public in accordance with the
                                                    change does not: (i) Significantly affect                                                                         the Proposed Rule Change
                                                                                                              provisions of 5 U.S.C. 552, will be
                                                    the protection of investors or the public                 available for Web site viewing and                         The Exchange filed a proposal to
                                                    interest; (ii) impose any significant                     printing in the Commission’s Public                     amend its fee schedule applicable to its
                                                    burden on competition; and (iii) become                   Reference Room, 100 F Street NE.,                       equity options platform to: (i) Establish
                                                    operative for 30 days from the date on                    Washington, DC 20549 on official                        fees for the Multicast PITCH market data
                                                    which it was filed, or such shorter time                  business days between the hours of                      feed; and (ii) add definitions for terms
                                                    as the Commission may designate, it has                   10:00 a.m. and 3:00 p.m. Copies of such                 that apply to market data fees.
                                                    become effective pursuant to section                      filing also will be available for                          The text of the proposed rule change
                                                    19(b)(3)(A)(iii) of the Act 19 and                        inspection and copying at the principal                 is available at the Exchange’s Web site
                                                    subparagraph (f)(6) of Rule 19b–4                         offices of the Exchange. All comments                   at www.batstrading.com, at the
                                                    thereunder.20 At any time within 60                       received will be posted without change;                 principal office of the Exchange, and at
                                                    days of the filing of the proposed rule                   the Commission does not edit personal                   the Commission’s Public Reference
                                                    change, the Commission summarily may                      identifying information from                            Room.
                                                    temporarily suspend such rule change if                   submissions. You should submit only                     II. Self-Regulatory Organization’s
                                                    it appears to the Commission that such                    information that you wish to make                       Statement of the Purpose of, and
                                                    action is: (i) Necessary or appropriate in                available publicly. All submissions                     Statutory Basis for, the Proposed Rule
                                                    the public interest; (ii) for the protection              should refer to File Number SR–                         Change
                                                    of investors; or (iii) otherwise in                       NASDAQ–2015–064, and should be
                                                    furtherance of the purposes of the Act.                   submitted on or before July 23, 2015.                      In its filing with the Commission, the
                                                    If the Commission takes such action, the                                                                          Exchange included statements
                                                                                                                For the Commission, by the Division of                concerning the purpose of and basis for
                                                    Commission shall institute proceedings                    Trading and Markets, pursuant to delegated
                                                    to determine whether the proposed rule                    authority.21
                                                                                                                                                                      the proposed rule change and discussed
                                                    should be approved or disapproved.                                                                                any comments it received on the
                                                                                                              Robert W. Errett,
                                                                                                                                                                      proposed rule change. The text of these
                                                    IV. Solicitation of Comments                              Deputy Secretary.
                                                                                                                                                                      statements may be examined at the
                                                                                                              [FR Doc. 2015–16274 Filed 7–1–15; 8:45 am]              places specified in Item IV below. The
                                                      Interested persons are invited to
                                                                                                              BILLING CODE 8011–01–P                                  Exchange has prepared summaries, set
                                                    submit written data, views, and
                                                    arguments concerning the foregoing,                                                                               forth in sections A, B, and C below, of
                                                    including whether the proposed rule                                                                               the most significant parts of such
                                                                                                              SECURITIES AND EXCHANGE                                 statements.
                                                    change is consistent with the Act.                        COMMISSION
                                                    Comments may be submitted by any of                                                                               A. Self-Regulatory Organization’s
                                                    the following methods:                                    [Release No. 34–75313; File No. SR–BATS–
                                                                                                              2015–46]                                                Statement of the Purpose of, and
                                                    Electronic Comments                                                                                               Statutory Basis for, the Proposed Rule
                                                                                                              Self-Regulatory Organizations; BATS                     Change
                                                      • Use the Commission’s Internet
                                                                                                              Exchange, Inc.; Notice of Filing and                    1. Purpose
                                                    comment form (http://www.sec.gov/
                                                                                                              Immediate Effectiveness of a Proposed
                                                    rules/sro.shtml); or                                                                                                 The Exchange proposes to amend its
                                                                                                              Rule Change Related to Fees for Use
                                                      • Send an email to rule-comments@                                                                               fee schedule applicable to its equity
                                                                                                              of BATS Exchange, Inc.
                                                    sec.gov. Please include File Number SR–                                                                           options platform to: (i) Establish fees for
                                                    NASDAQ–2015–064 on the subject line.                      June 26, 2015.                                          the Multicast PITCH market data feed;
                                                    Paper Comments                                               Pursuant to section 19(b)(1) of the                  and (ii) add definitions for terms that
                                                                                                              Securities Exchange Act of 1934 (the                    apply to market data fees.
                                                      • Send paper comments in triplicate
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                                                                                                              ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                    to Secretary, Securities and Exchange                     notice is hereby given that on June 19,                 Definitions Applicable to Market Data
                                                    Commission, 100 F Street NE.,                             2015, BATS Exchange, Inc. (the                          Fees
                                                    Washington, DC 20549–1090.                                ‘‘Exchange’’ or ‘‘BATS’’) filed with the                   The Exchange proposes to include in
                                                    All submissions should refer to File                      Securities and Exchange Commission                      its fee schedule the following defined
                                                    Number SR–NASDAQ–2015–064. This                                                                                   terms that relate to the Exchange’s
                                                                                                                   21 17 CFR 200.30–3(a)(12).
                                                      19 15 U.S.C. 78s(b)(3)(a)(iii).                              1 15 U.S.C. 78s(b)(1).                               3 15   U.S.C. 78s(b)(3)(A)(ii).
                                                      20 17 CFR 240.19b–4(f)(6).                                   2 17 CFR 240.19b–4.                                  4 17   CFR 240.19b–4(f)(2).



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Document Created: 2015-12-15 13:16:06
Document Modified: 2015-12-15 13:16:06
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation80 FR 38245 

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