80_FR_46767 80 FR 46617 - Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to Amend Rule 4703(a)

80 FR 46617 - Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to Amend Rule 4703(a)

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 150 (August 5, 2015)

Page Range46617-46619
FR Document2015-19134

Federal Register, Volume 80 Issue 150 (Wednesday, August 5, 2015)
[Federal Register Volume 80, Number 150 (Wednesday, August 5, 2015)]
[Notices]
[Pages 46617-46619]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-19134]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75568; File No. SR-BX-2015-043]


Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of 
Filing and Immediate Effectiveness of Proposed Rule Change to Amend 
Rule 4703(a)

July 30, 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 July 20, 2015, NASDAQ OMX BX, Inc. (``BX'' or ``Exchange'') filed 
with the Securities and Exchange Commission (``SEC'' or ``Commission'') 
the proposed rule change as described in Items I and II below, which 
Items have been prepared by the Exchange. The Commission is publishing 
this notice to solicit comments on the proposed rule change from 
interested persons.
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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 Substance 
of the Proposed Rule Change

    The Exchange proposes to amend Rule 4703(a) to remove the Market 
Hours Immediate or Cancel Time in Force and to delay implementation of 
changes to the Good-til-market close Time in Force, which were recently 
adopted by BX but are not yet implemented.
    The text of the proposed rule change is available on the Exchange's 
Web site at http://nasdaqomxbx.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
    The Exchange is proposing to amend Rule 4703(a) to remove the 
Market Hours Immediate or Cancel (``Market Hours IOC'' or ``MIOC'') 
Time-in-Force and to delay implementation of changes to the Good-til-
market close (``GTMC'') Time-in-Force, which were recently adopted by 
BX but are not yet implemented.\3\ Time-in-Force (``TIF'') is

[[Page 46618]]

a characteristic of an order that limits the period of time that the 
System will hold an order for potential execution. An Order that is 
designated to deactivate immediately after determining whether the 
Order is marketable may be referred to as having a TIF of ``Immediate 
or Cancel'' or ``IOC''.\4\ Any Order with a TIF of IOC entered between 
9:30 a.m. ET and 4:00 p.m. ET is considered as having a TIF of MIOC.\5\ 
The MIOC TIF is very similar to the SIOC \6\ TIF, but MIOC designated 
orders are limited to entry and potential execution only during Regular 
Market Hours. An order designated with a TIF of MIOC that is entered 
outside of Regular Market Hours would be returned to the entering 
member firm without attempting to execute. The Exchange has determined 
that, based on a lack of market participant desire for a MIOC TIF and 
the cost that would be incurred in developing and implementing it on 
the Exchange, it will not implement the MIOC TIF at this juncture. 
Accordingly, the Exchange is proposing to delete text concerning the 
MIOC TIF, which is effective but not yet operative.
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    \3\ The Exchange notes that the text at issue in this filing 
concerning the MIOC TIF under Rule 4703(a)(1) is not yet 
implemented, but was recently inadvertently incorporated into the BX 
rulebook when the Commission approved certain rules governing the BX 
equities market in order to provide additional detail and clarity 
regarding its order type functionality. See Securities Exchange Act 
Release No. 75291 (June 24, 2015), 80 FR 37698 (July 1, 2015) (SR-
BX-2015-015). Notwithstanding its inadvertent inclusion in the 
rulebook, the rule text concerning the MIOC TIF is not yet 
effective. The Exchange had anticipated implementing the MIOC and 
GTMC changes in the second quarter of 2015. See Securities Exchange 
Act Release No. 74638 (April 2, 2015), 80 FR 18890 (April 8, 2015) 
(SR-BX-2015-016).
    \4\ See Rule 4703(a)(1).
    \5\ Id.
    \6\ An Order with a TIF of IOC that is entered at any time 
between 7:00 a.m. ET and 7:00 p.m. ET may be referred to as having a 
TIF of ``System Hours Immediate or Cancel'' or ``SIOC''. Id.
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    The Exchange is also proposing to amend Rule 4703(a)(6) to make it 
clear that the Exchange will no longer accept GTMC orders for execution 
after 4:00 p.m. Eastern Time, which are currently accepted and 
converted to SIOC orders if received after 4:00 p.m. Eastern Time. In 
April 2015, the Exchange proposed this change to the predecessor rule 
concerning GTMC orders in a prior filing with the Commission,\7\ and 
had anticipated implementing the change at some point in the second 
quarter of 2015. During that time, the Commission approved a rule 
change that renumbered and clarified the rule.\8\ Accordingly, the 
Exchange is now amending the renumbered rule to reflect the changes 
made in the prior filing. The Exchange is also proposing to delay the 
change to the operation of GTMC orders after 4:00 p.m. Eastern Time, so 
that this change will now be implemented the week of August 17, 2015 
and will complete the implementation the week of August 31, 2015.
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    \7\ See Securities Exchange Act Release No. 74638 (April 2, 
2015), 80 FR 18890 (April 8, 2015) (SR-BX-2015-016).
    \8\ The Exchange also made a clarifying change to the rule, 
which was incorporated into the renumbered rule. Supra note 3.
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    The Exchange is also making a minor technical correction to Rule 
4703(a)(6) by inserting hyphenation in the term ``Time-in-Force,'' 
which will make it consistent with its use in other paragraphs of the 
rule.
2. Statutory Basis
    BX believes that the proposed rule change is consistent with the 
provisions of Section 6 of the Act,\9\ in general, and with Section 
6(b)(5) of the Act,\10\ in particular, in that the proposal 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 also in that it is not 
designed to permit unfair discrimination between customers, issuers, 
brokers, or dealers. The Exchange believes that, in light of a lack of 
market participant interest and the costs the Exchange would incur in 
developing and implementing a MIOC TIF, it would be in the best 
interest of the market and market participants not to implement the 
change at this juncture. Implementing a change, which will not be used 
significantly yet will represent a cost to the Exchange to implement, 
could ultimately result in increased costs to market participants in 
the form of increased fees. Accordingly, the Exchange is eliminating 
the MIOC TIF until such time that the demand for it justifies the 
expenditure.
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    \9\ 15 U.S.C. 78f.
    \10\ 15 U.S.C. 78f(b)(5).
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    The proposed change to Rule 4703(a)(6) is designed 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 because it modifies the rule to reflect a change made 
to the predecessor rule, which was filed with the Commission as an 
immediately effective filing to be implemented sometime in the second 
quarter of 2015. The change, which was subject to the notice and 
comment process, had not been implemented prior to the rule's 
renumbering. Accordingly, the proposed change to amend Rule 4703(a)(6) 
merely modifies the rule text so that it is consistent with the changes 
made to the predecessor rule.
    The proposed delay in implementing the changes to the Good-til-
market close TIF is designed 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 because it 
will provide the Exchange with a brief extension to adequately program 
and test the proposed changes to the TIF. Moreover, the Exchange is 
delaying implementation of the changes until after the reconstitution 
of the Russell indexes, which is a day of significant volume in the 
market and immediately prior to which the Exchange reduces the number 
of changes made to the System. Accordingly, the proposed delay will 
serve to reduce risk in the market during a time of significant volume 
and provide the Exchange adequate time to program and test the proposed 
changes, thereby protecting investors and the public interest.

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

    The Exchange 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. Specifically, 
the Exchange notes that there is little interest in MIOC among market 
participants on BX, and accordingly removing MIOC before it is 
implemented will not impact the Exchange's competitiveness among 
exchanges or other execution venues. In addition, the Exchange does not 
believe that briefly delaying the changes to the Good-til-market close 
TIF will place any burden on competition whatsoever because the TIF 
will continue to be available unchanged until the Exchange has 
adequately programmed and tested the proposed changes.

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

    No written comments were either solicited or received.

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

    The Exchange has filed the proposed rule change pursuant to Section 
19(b)(3)(A)(iii) of the Act \11\ and Rule 19b-4(f)(6) thereunder.\12\ 
Because the 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

[[Page 46619]]

was filed, or such shorter time as the Commission may designate, if 
consistent with the protection of investors and the public interest, 
the proposed rule change has become effective pursuant to Section 
19(b)(3)(A) of the Act \13\ and Rule 19b-4(f)(6) thereunder.\14\
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    \11\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \12\ 17 CFR 240.19b-4(f)(6).
    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) 
requires the Exchange to give the Commission written notice of the 
Exchange's intent to file the proposed rule change, along with a 
brief description and text of the proposed rule change, at least 
five business days prior to the date of filing of the proposed rule 
change, or such shorter time as designated by the Commission. The 
Exchange has satisfied this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) \15\ normally 
does not become operative prior to 30 days after the date of the 
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\16\ the Commission 
may designate a shorter time if such action is consistent with the 
protection of investors and the public interest. The Exchange has asked 
the Commission to waive the 30-day operative delay so that the proposed 
rule change may become operative immediately. The Exchange represents 
that market participants have not expressed interest in the MIOC TIF. 
The Exchange therefore argues that waiver of the operative delay is 
consistent with the protection of investors and the public interest 
because it will allow the Exchange to remove the MIOC TIF prior its 
implementation, thereby serving to avoid investor confusion. The 
Exchange also reasons that waiving the operative delay would allow the 
Exchange to make the required technical and operational changes to the 
GTMC TIF after the reconstitution of the Russell Indexes. Based on the 
foregoing, the Commission finds that waiving the 30-day operative delay 
is consistent with the protection of investors and the public interest 
and hereby designates the proposal operative upon filing.\17\
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    \15\ 17 CFR 240.19b-4(f)(6).
    \16\ 17 CFR 240.19b-4(f)(6)(iii).
    \17\ For purposes only of waiving the 30-day operative delay, 
the Commission has considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
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    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission shall institute proceedings to 
determine whether the proposed rule change should be approved or 
disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-BX-2015-043 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-BX-2015-043. 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-BX-2015-043, 
and should be submitted on or before August 26, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\18\
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    \18\ 17 CFR 200.30-3(a)(12), (59).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-19134 Filed 8-4-15; 8:45 am]
BILLING CODE 8011-01-P



                                                                                Federal Register / Vol. 80, No. 150 / Wednesday, August 5, 2015 / Notices                                                     46617

                                                    to Rule 19b–4(f)(6)(iii), the Commission                post all comments on the Commission’s                 comments on the proposed rule change
                                                    may designate a shorter time if such                    Internet Web site (http://www.sec.gov/                from interested persons.
                                                    action is consistent with the protection                rules/sro.shtml). Copies of the
                                                                                                                                                                  I. Self-Regulatory Organization’s
                                                    of investors and the public interest. The               submission, all subsequent
                                                                                                                                                                  Statement of the Terms of Substance of
                                                    Exchange has asked the Commission to                    amendments, all written statements
                                                                                                            with respect to the proposed rule                     the Proposed Rule Change
                                                    waive the 30-day operative delay so that
                                                    BATS may implement the proposed rule                    change that are filed with the                           The Exchange proposes to amend
                                                    change immediately. The Commission                      Commission, and all written                           Rule 4703(a) to remove the Market
                                                    believes that waiving the 30-day                        communications relating to the                        Hours Immediate or Cancel Time in
                                                    operative delay is consistent with the                  proposed rule change between the                      Force and to delay implementation of
                                                    protection of investors and the public                  Commission and any person, other than                 changes to the Good-til-market close
                                                    interest as it will immediately notify                  those that may be withheld from the                   Time in Force, which were recently
                                                    members that the currently scheduled                    public in accordance with the                         adopted by BX but are not yet
                                                    operative date for recent amendments to                 provisions of 5 U.S.C. 552, will be                   implemented.
                                                    BATS Post Only Orders has changed                       available for Web site viewing and                       The text of the proposed rule change
                                                    from July 30, 2015.17 Therefore, the                    printing in the Commission’s Public                   is available on the Exchange’s Web site
                                                    Commission hereby waives the 30-day                     Reference Room, 100 F Street NE.,                     at http://
                                                    operative delay and designates the                      Washington, DC 20549 on official                      nasdaqomxbx.cchwallstreet.com, at the
                                                    proposed rule change to be operative                    business days between the hours of                    principal office of the Exchange, and at
                                                    upon filing with the Commission.18                      10:00 a.m. and 3:00 p.m. Copies of such               the Commission’s Public Reference
                                                       At any time within 60 days of the                    filing also will be available for                     Room.
                                                    filing of the proposed rule change, the                 inspection and copying at the principal
                                                    Commission may summarily                                offices of the Exchange. All comments                 II. Self-Regulatory Organization’s
                                                    temporarily suspend such rule change if                 received will be posted without change;               Statement of the Purpose of, and
                                                    it appears to the Commission that such                  the Commission does not edit personal                 Statutory Basis for, the Proposed Rule
                                                    action is: (1) Necessary or appropriate in              identifying information from                          Change
                                                    the public interest; (2) for the protection             submissions. You should submit only                     In its filing with the Commission, the
                                                    of investors; or (3) otherwise in                       information that you wish to make                     Exchange included statements
                                                    furtherance of the purposes of the Act.                 available publicly. All submissions                   concerning the purpose of and basis for
                                                    If the Commission takes such action, the                should refer to File Number SR–BATS–                  the proposed rule change and discussed
                                                    Commission shall institute proceedings                  2015–54, and should be submitted on or                any comments it received on the
                                                    to determine whether the proposed rule                  before August 26, 2015.                               proposed rule change. The text of these
                                                    should be approved or disapproved.                        For the Commission, by the Division of              statements may be examined at the
                                                    IV. Solicitation of Comments                            Trading and Markets, pursuant to delegated            places specified in Item IV below. The
                                                                                                            authority.19                                          Exchange has prepared summaries, set
                                                      Interested persons are invited to                     Robert W. Errett,                                     forth in sections A, B, and C below, of
                                                    submit written data, views, and                         Deputy Secretary.                                     the most significant aspects of such
                                                    arguments concerning the foregoing,                                                                           statements.
                                                                                                            [FR Doc. 2015–19133 Filed 8–4–15; 8:45 am]
                                                    including whether the proposed rule
                                                                                                            BILLING CODE 8011–01–P
                                                    change is consistent with the Act.                                                                            A. Self-Regulatory Organization’s
                                                    Comments may be submitted by any of                                                                           Statement of the Purpose of, and
                                                    the following methods:                                                                                        Statutory Basis for, the Proposed Rule
                                                                                                            SECURITIES AND EXCHANGE
                                                                                                                                                                  Change
                                                    Electronic Comments                                     COMMISSION
                                                      • Use the Commission’s Internet                       [Release No. 34–75568; File No. SR–BX–
                                                                                                                                                                  1. Purpose
                                                    comment form (http://www.sec.gov/                       2015–043]                                               The Exchange is proposing to amend
                                                    rules/sro.shtml); or                                                                                          Rule 4703(a) to remove the Market
                                                      • Send an email to rule-comments@                     Self-Regulatory Organizations;                        Hours Immediate or Cancel (‘‘Market
                                                    sec.gov. Please include File Number SR–                 NASDAQ OMX BX, Inc.; Notice of Filing                 Hours IOC’’ or ‘‘MIOC’’) Time-in-Force
                                                    BATS–2015–54 on the subject line.                       and Immediate Effectiveness of                        and to delay implementation of changes
                                                                                                            Proposed Rule Change to Amend Rule                    to the Good-til-market close (‘‘GTMC’’)
                                                    Paper Comments                                          4703(a)                                               Time-in-Force, which were recently
                                                      • Send paper comments in triplicate                                                                         adopted by BX but are not yet
                                                                                                            July 30, 2015.
                                                    to Brent J. Fields, Secretary, Securities                                                                     implemented.3 Time-in-Force (‘‘TIF’’) is
                                                                                                               Pursuant to Section 19(b)(1) of the
                                                    and Exchange Commission, 100 F Street
                                                                                                            Securities Exchange Act of 1934
                                                    NE., Washington, DC 20549–1090.
                                                                                                            (‘‘Act’’),1 and Rule 19b-4 thereunder,2                  3 The Exchange notes that the text at issue in this

                                                    All submissions should refer to File                    notice is hereby given that on July 20,               filing concerning the MIOC TIF under Rule
                                                    Number SR–BATS–2015–54. This file                                                                             4703(a)(1) is not yet implemented, but was recently
                                                                                                            2015, NASDAQ OMX BX, Inc. (‘‘BX’’ or                  inadvertently incorporated into the BX rulebook
                                                    number should be included on the                        ‘‘Exchange’’) filed with the Securities               when the Commission approved certain rules
                                                    subject line if email is used. To help the              and Exchange Commission (‘‘SEC’’ or                   governing the BX equities market in order to
                                                    Commission process and review your
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                            ‘‘Commission’’) the proposed rule                     provide additional detail and clarity regarding its
                                                    comments more efficiently, please use                                                                         order type functionality. See Securities Exchange
                                                                                                            change as described in Items I and II                 Act Release No. 75291 (June 24, 2015), 80 FR 37698
                                                    only one method. The Commission will                    below, which Items have been prepared                 (July 1, 2015) (SR–BX–2015–015). Notwithstanding
                                                                                                            by the Exchange. The Commission is                    its inadvertent inclusion in the rulebook, the rule
                                                      17 See supra note 7.
                                                                                                            publishing this notice to solicit                     text concerning the MIOC TIF is not yet effective.
                                                      18 For purposes only of waiving the operative                                                               The Exchange had anticipated implementing the
                                                    delay for this proposal, the Commission has                                                                   MIOC and GTMC changes in the second quarter of
                                                                                                              19 17 CFR 200.30–3(a)(12).
                                                    considered the proposed rule’s impact on                                                                      2015. See Securities Exchange Act Release No.
                                                                                                              1 15 U.S.C. 78s(b)(1).
                                                    efficiency, competition, and capital formation. See                                                           74638 (April 2, 2015), 80 FR 18890 (April 8, 2015)
                                                    15 U.S.C. 78c(f).                                         2 17 CFR 240.19b-4.                                 (SR–BX–2015–016).



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                                                    46618                        Federal Register / Vol. 80, No. 150 / Wednesday, August 5, 2015 / Notices

                                                    a characteristic of an order that limits                  by inserting hyphenation in the term                    to and perfect the mechanism of a free
                                                    the period of time that the System will                   ‘‘Time-in-Force,’’ which will make it                   and open market and a national market
                                                    hold an order for potential execution.                    consistent with its use in other                        system, and, in general, to protect
                                                    An Order that is designated to                            paragraphs of the rule.                                 investors and the public interest
                                                    deactivate immediately after                                                                                      because it will provide the Exchange
                                                                                                              2. Statutory Basis
                                                    determining whether the Order is                                                                                  with a brief extension to adequately
                                                    marketable may be referred to as having                      BX believes that the proposed rule                   program and test the proposed changes
                                                    a TIF of ‘‘Immediate or Cancel’’ or                       change is consistent with the provisions                to the TIF. Moreover, the Exchange is
                                                    ‘‘IOC’’.4 Any Order with a TIF of IOC                     of Section 6 of the Act,9 in general, and               delaying implementation of the changes
                                                    entered between 9:30 a.m. ET and 4:00                     with Section 6(b)(5) of the Act,10 in                   until after the reconstitution of the
                                                    p.m. ET is considered as having a TIF                     particular, in that the proposal is                     Russell indexes, which is a day of
                                                    of MIOC.5 The MIOC TIF is very similar                    designed to prevent fraudulent and                      significant volume in the market and
                                                    to the SIOC 6 TIF, but MIOC designated                    manipulative acts and practices, to                     immediately prior to which the
                                                    orders are limited to entry and potential                 promote just and equitable principles of                Exchange reduces the number of
                                                    execution only during Regular Market                      trade, to foster cooperation and                        changes made to the System.
                                                    Hours. An order designated with a TIF                     coordination with persons engaged in                    Accordingly, the proposed delay will
                                                    of MIOC that is entered outside of                        regulating, clearing, settling, processing              serve to reduce risk in the market during
                                                    Regular Market Hours would be                             information with respect to, and                        a time of significant volume and provide
                                                    returned to the entering member firm                      facilitating transactions in securities, to             the Exchange adequate time to program
                                                    without attempting to execute. The                        remove impediments to and perfect the                   and test the proposed changes, thereby
                                                    Exchange has determined that, based on                    mechanism of a free and open market                     protecting investors and the public
                                                    a lack of market participant desire for a                 and a national market system, and, in                   interest.
                                                    MIOC TIF and the cost that would be                       general, to protect investors and the
                                                    incurred in developing and                                public interest; and also in that it is not             B. Self-Regulatory Organization’s
                                                    implementing it on the Exchange, it will                  designed to permit unfair                               Statement on Burden on Competition
                                                    not implement the MIOC TIF at this                        discrimination between customers,                         The Exchange does not believe that
                                                    juncture. Accordingly, the Exchange is                    issuers, brokers, or dealers. The                       the proposed rule change will result in
                                                    proposing to delete text concerning the                   Exchange believes that, in light of a lack              any burden on competition that is not
                                                    MIOC TIF, which is effective but not yet                  of market participant interest and the                  necessary or appropriate in furtherance
                                                    operative.                                                costs the Exchange would incur in                       of the purposes of the Act. Specifically,
                                                       The Exchange is also proposing to                      developing and implementing a MIOC                      the Exchange notes that there is little
                                                    amend Rule 4703(a)(6) to make it clear                    TIF, it would be in the best interest of                interest in MIOC among market
                                                    that the Exchange will no longer accept                   the market and market participants not                  participants on BX, and accordingly
                                                    GTMC orders for execution after 4:00                      to implement the change at this                         removing MIOC before it is
                                                    p.m. Eastern Time, which are currently                    juncture. Implementing a change, which                  implemented will not impact the
                                                    accepted and converted to SIOC orders                     will not be used significantly yet will                 Exchange’s competitiveness among
                                                    if received after 4:00 p.m. Eastern Time.                 represent a cost to the Exchange to                     exchanges or other execution venues. In
                                                    In April 2015, the Exchange proposed                      implement, could ultimately result in                   addition, the Exchange does not believe
                                                    this change to the predecessor rule                       increased costs to market participants in               that briefly delaying the changes to the
                                                    concerning GTMC orders in a prior                         the form of increased fees. Accordingly,                Good-til-market close TIF will place any
                                                    filing with the Commission,7 and had                      the Exchange is eliminating the MIOC                    burden on competition whatsoever
                                                    anticipated implementing the change at                    TIF until such time that the demand for                 because the TIF will continue to be
                                                    some point in the second quarter of                       it justifies the expenditure.                           available unchanged until the Exchange
                                                    2015. During that time, the Commission                       The proposed change to Rule                          has adequately programmed and tested
                                                    approved a rule change that renumbered                    4703(a)(6) is designed to remove                        the proposed changes.
                                                    and clarified the rule.8 Accordingly, the                 impediments to and perfect the
                                                    Exchange is now amending the                              mechanism of a free and open market                     C. Self-Regulatory Organization’s
                                                    renumbered rule to reflect the changes                    and a national market system, and, in                   Statement on Comments on the
                                                    made in the prior filing. The Exchange                    general, to protect investors and the                   Proposed Rule Change Received from
                                                    is also proposing to delay the change to                  public interest because it modifies the                 Members, Participants, or Others
                                                    the operation of GTMC orders after 4:00                   rule to reflect a change made to the                      No written comments were either
                                                    p.m. Eastern Time, so that this change                    predecessor rule, which was filed with                  solicited or received.
                                                    will now be implemented the week of                       the Commission as an immediately
                                                    August 17, 2015 and will complete the                     effective filing to be implemented                      III. Date of Effectiveness of the
                                                    implementation the week of August 31,                     sometime in the second quarter of 2015.                 Proposed Rule Change and Timing for
                                                    2015.                                                     The change, which was subject to the                    Commission Action
                                                       The Exchange is also making a minor                    notice and comment process, had not                        The Exchange has filed the proposed
                                                    technical correction to Rule 4703(a)(6)                   been implemented prior to the rule’s                    rule change pursuant to Section
                                                                                                              renumbering. Accordingly, the proposed                  19(b)(3)(A)(iii) of the Act 11 and Rule
                                                      4 See   Rule 4703(a)(1).                                change to amend Rule 4703(a)(6) merely                  19b–4(f)(6) thereunder.12 Because the
                                                      5 Id.
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                                                      6 An Order with a TIF of IOC that is entered at
                                                                                                              modifies the rule text so that it is                    proposed rule change does not: (i)
                                                    any time between 7:00 a.m. ET and 7:00 p.m. ET            consistent with the changes made to the                 Significantly affect the protection of
                                                    may be referred to as having a TIF of ‘‘System Hours      predecessor rule.                                       investors or the public interest; (ii)
                                                    Immediate or Cancel’’ or ‘‘SIOC’’. Id.                       The proposed delay in implementing                   impose any significant burden on
                                                      7 See Securities Exchange Act Release No. 74638
                                                                                                              the changes to the Good-til-market close                competition; and (iii) become operative
                                                    (April 2, 2015), 80 FR 18890 (April 8, 2015) (SR–
                                                    BX–2015–016).
                                                                                                              TIF is designed to remove impediments                   for 30 days from the date on which it
                                                      8 The Exchange also made a clarifying change to
                                                                                                                9 15   U.S.C. 78f.                                      11 15   U.S.C. 78s(b)(3)(A)(iii).
                                                    the rule, which was incorporated into the
                                                    renumbered rule. Supra note 3.                              10 15   U.S.C. 78f(b)(5).                               12 17   CFR 240.19b–4(f)(6).



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                                                                                 Federal Register / Vol. 80, No. 150 / Wednesday, August 5, 2015 / Notices                                                    46619

                                                    was filed, or such shorter time as the                    change should be approved or                            For the Commission, by the Division of
                                                    Commission may designate, if                              disapproved.                                          Trading and Markets, pursuant to delegated
                                                    consistent with the protection of                                                                               authority.18
                                                    investors and the public interest, the                    IV. Solicitation of Comments                          Robert W. Errett,
                                                    proposed rule change has become                                                                                 Deputy Secretary.
                                                                                                                Interested persons are invited to
                                                    effective pursuant to Section 19(b)(3)(A)                 submit written data, views, and                       [FR Doc. 2015–19134 Filed 8–4–15; 8:45 am]
                                                    of the Act 13 and Rule 19b–4(f)(6)                        arguments concerning the foregoing,                   BILLING CODE 8011–01–P
                                                    thereunder.14                                             including whether the proposed rule
                                                       A proposed rule change filed under                     change is consistent with the Act.
                                                                                                              Comments may be submitted by any of                   SECURITIES AND EXCHANGE
                                                    Rule 19b–4(f)(6) 15 normally does not
                                                                                                              the following methods:                                COMMISSION
                                                    become operative prior to 30 days after
                                                    the date of the filing. However, pursuant                                                                       [Release No. 34–75570; File No. SR–Phlx–
                                                    to Rule 19b–4(f)(6)(iii),16 the                           Electronic Comments                                   2015–49]
                                                    Commission may designate a shorter                          • Use the Commission’s Internet
                                                    time if such action is consistent with the                                                                      Self-Regulatory Organizations;
                                                                                                              comment form (http://www.sec.gov/                     NASDAQ OMX PHLX LLC; Notice of
                                                    protection of investors and the public                    rules/sro.shtml); or
                                                    interest. The Exchange has asked the                                                                            Designation of a Longer Period for
                                                    Commission to waive the 30-day                              • Send an email to rule-comments@                   Commission Action on a Proposed
                                                    operative delay so that the proposed                      sec.gov. Please include File Number SR–               Rule Change To Amend and Correct
                                                    rule change may become operative                          BX–2015–043 on the subject line.                      Rule 1080.07
                                                    immediately. The Exchange represents                      Paper Comments                                        July 30, 2015.
                                                    that market participants have not                                                                                  On June 5, 2015, NASDAQ OMX
                                                    expressed interest in the MIOC TIF. The                     • Send paper comments in triplicate                 PHLX LLC (the ‘‘Exchange’’ or ‘‘Phlx’’)
                                                    Exchange therefore argues that waiver of                  to Secretary, Securities and Exchange                 filed with the Securities and Exchange
                                                    the operative delay is consistent with                    Commission, 100 F Street, NE.,                        Commission (‘‘Commission’’), pursuant
                                                    the protection of investors and the                       Washington, DC 20549–1090.                            to Section 19(b)(1) of the Securities
                                                    public interest because it will allow the                                                                       Exchange Act of 1934 (‘‘Act’’) 1 and Rule
                                                                                                              All submissions should refer to File
                                                    Exchange to remove the MIOC TIF prior                                                                           19b–4 thereunder,2 a proposed rule
                                                                                                              Number SR–BX–2015–043. This file
                                                    its implementation, thereby serving to                                                                          change to amend and correct several
                                                                                                              number should be included on the
                                                    avoid investor confusion. The Exchange                                                                          provisions in Phlx Rule 1080.07, which
                                                                                                              subject line if email is used. To help the
                                                    also reasons that waiving the operative                                                                         governs the trading of Complex Orders
                                                                                                              Commission process and review your
                                                    delay would allow the Exchange to                                                                               on Phlx XL. The proposed rule change
                                                                                                              comments more efficiently, please use
                                                    make the required technical and                                                                                 was published for comment in the
                                                    operational changes to the GTMC TIF                       only one method. The Commission will
                                                                                                              post all comments on the Commission’s                 Federal Register on June 23, 2015.3 The
                                                    after the reconstitution of the Russell                                                                         Commission received no comments
                                                    Indexes. Based on the foregoing, the                      Internet Web site (http://www.sec.gov/
                                                                                                              rules/sro.shtml). Copies of the                       regarding the proposal.
                                                    Commission finds that waiving the 30-                                                                              Section 19(b)(2) of the Act 4 provides
                                                    day operative delay is consistent with                    submission, all subsequent
                                                                                                              amendments, all written statements                    that within 45 days of the publication of
                                                    the protection of investors and the                                                                             notice of the filing of a proposed rule
                                                    public interest and hereby designates                     with respect to the proposed rule
                                                                                                              change that are filed with the                        change, or within such longer period up
                                                    the proposal operative upon filing.17                                                                           to 90 days as the Commission may
                                                                                                              Commission, and all written
                                                       At any time within 60 days of the                      communications relating to the                        designate if it finds such longer period
                                                    filing of the proposed rule change, the                   proposed rule change between the                      to be appropriate and publishes its
                                                    Commission summarily may                                  Commission and any person, other than                 reasons for so finding or as to which the
                                                    temporarily suspend such rule change if                   those that may be withheld from the                   self-regulatory organization consents,
                                                    it appears to the Commission that such                    public in accordance with the                         the Commission shall either approve the
                                                    action is necessary or appropriate in the                 provisions of 5 U.S.C. 552, will be                   proposed rule change, disapprove the
                                                    public interest, for the protection of                    available for Web site viewing and                    proposed rule change, or institute
                                                    investors, or otherwise in furtherance of                 printing in the Commission’s Public                   proceedings to determine whether the
                                                    the purposes of the Act. If the                           Reference Room, 100 F Street, NE.,                    proposed rule change should be
                                                    Commission takes such action, the                         Washington, DC 20549 on official                      disapproved. The 45th day for this filing
                                                    Commission shall institute proceedings                    business days between the hours of                    is August 7, 2015.
                                                    to determine whether the proposed rule                    10:00 a.m. and 3:00 p.m. Copies of such                  The Commission is extending the 45-
                                                                                                              filing also will be available for                     day period for Commission action on
                                                      13 15  U.S.C. 78s(b)(3)(A).                             inspection and copying at the principal               the proposed rule change. The
                                                      14 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                                                                                              offices of the Exchange. All comments                 Commission finds that it is appropriate
                                                    4(f)(6)(iii) requires the Exchange to give the                                                                  to designate a longer period within
                                                    Commission written notice of the Exchange’s intent        received will be posted without change;
                                                    to file the proposed rule change, along with a brief      the Commission does not edit personal                 which to take action on the proposed
                                                    description and text of the proposed rule change,         identifying information from                          rule change. In particular, the extension
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                                                    at least five business days prior to the date of filing
                                                                                                              submissions. You should submit only                   of time will ensure that the Commission
                                                    of the proposed rule change, or such shorter time                                                               has sufficient time to consider and take
                                                    as designated by the Commission. The Exchange             information that you wish to make
                                                    has satisfied this requirement.                           available publicly. All submissions                   action on the Exchange’s proposal.
                                                       15 17 CFR 240.19b–4(f)(6).
                                                                                                              should refer to File Number SR–BX–                      1 15
                                                       16 17 CFR 240.19b–4(f)(6)(iii).                                                                                      U.S.C. 78s(b)(1).
                                                                                                              2015–043, and should be submitted on                    2 17
                                                       17 For purposes only of waiving the 30-day                                                                           CFR 240.19b–4.
                                                                                                              or before August 26, 2015.                               3 See Securities Exchange Act Release No. 75189
                                                    operative delay, the Commission has considered the
                                                    proposed rule’s impact on efficiency, competition,                                                              (June 17, 2015), 80 FR 35997.
                                                    and capital formation. See 15 U.S.C. 78c(f).               18 17   CFR 200.30–3(a)(12), (59).                      4 15 U.S.C. 78s(b)(2).




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Document Created: 2018-02-23 10:53:22
Document Modified: 2018-02-23 10:53:22
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 46617 

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