80 FR 50898 - Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to Verifiable Disruption or Malfunction of Exchange Systems
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 80, Issue 162 (August 21, 2015)
Federal Register Volume 80, Issue 162 (August 21, 2015)
| Page Range | 50898-50900 | |
| FR Document | 2015-20656 |
[Federal Register Volume 80, Number 162 (Friday, August 21, 2015)] [Notices] [Pages 50898-50900] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-20656] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-75715; File No. SR-NASDAQ-2015-100] Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to Verifiable Disruption or Malfunction of Exchange Systems August 17, 2015. Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 (``Act''),\1\ and Rule 19b-4 \2\ thereunder, notice is hereby given that on August 13, 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 NASDAQ. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78s(b)(1). \2\ 17 CFR 240.19b-4. --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change NASDAQ is filing with the Commission a proposal to amend chapter V, section 6 (Nullification and Adjustment of Options Transactions including Obvious Errors) of the rules of the NASDAQ Options Market (``NOM'') related to a verifiable disruption or malfunction of Exchange systems. The text of the amended Exchange rule is set forth immediately below. Proposed new language is italicized and proposed deleted language is [bracketed]. NASDAQ Stock Market Rules Options Rules * * * * * Chapter V Regulation of Trading on NOM * * * * * Sec. 6 Nullification and Adjustment of Options Transactions Including Obvious Errors The Exchange may nullify a transaction or adjust the execution price of a transaction in accordance with this Rule. However, the determination as to whether a trade was executed at an erroneous price may be made by mutual agreement of the affected parties to a particular transaction. A trade may be nullified or adjusted on the terms that all parties to a particular transaction agree, provided, however, that such agreement to nullify or adjust must be conveyed to the Exchange in a manner prescribed by the Exchange prior to 8:30 a.m. Eastern Time on the first trading day following the execution. It is considered conduct inconsistent with just and equitable principles of trade for any Participant to use the mutual adjustment process to circumvent any applicable Exchange rule, the Act or any of the rules and regulations thereunder. (a)-(j) No Change. (k) Verifiable Disruption or Malfunction of Exchange Systems. Parties to a trade may have a trade nullified or its price adjusted if it resulted from a verifiable disruption or malfunction of Exchange execution, dissemination, or communication systems that caused a quote/ order to trade in excess of its disseminated size (e.g. a quote/order that is frozen, because of an Exchange system error, and repeatedly traded). Parties to a trade may have a trade nullified or its price adjusted if it resulted from a verifiable disruption or malfunction of an Exchange dissemination or communication system that prevented a member from updating or canceling a quote/order for which the member is responsible where there is Exchange documentation providing that the member sought to update or cancel the quote/order. ([k]l) Appeals. A party to a transaction affected by a decision made under this section may appeal that decision to the Nasdaq Review Council. An appeal must be made in writing, and must be [[Page 50899]] received by Nasdaq within thirty (30) minutes after the person making the appeal is given the notification of the determination being appealed. The Nasdaq Review Council may review any decision appealed, including whether a complaint was timely, whether an Obvious Error or Catastrophic Error occurred, whether the correct Theoretical Price was used, and whether an adjustment was made at the correct price. * * * * * The text of the proposed rule change is available from NASDAQ's Web site at http://nasdaq.cchwallstreet.com, at NASDAQ's principal office, 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, NASDAQ 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. NASDAQ 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 seeking to amend its rules related to obvious errors. Specifically, the Exchange is seeking to amend NOM chapter V, section 6 to add new section 6(k) and provide the Exchange the ability to nullify or adjust transactions arising out of a verifiable disruption or malfunction of Exchange systems. Similar to NASDAQ OMX PHLX LLC (``Phlx'') Rule 1092(k), proposed NOM chapter V, section 6(k) would indicate that parties to a trade may have a trade nullified or its price adjusted if it resulted from a verifiable disruption or malfunction of Exchange execution, dissemination, or communication systems that caused a quote/order to trade in excess of its disseminated size (e.g. a quote/order that is frozen, because of an Exchange system error, and repeatedly traded).\3\ Parties to a trade may have a trade nullified or its price adjusted if it resulted from a verifiable disruption or malfunction of an Exchange dissemination or communication system that prevented a member from updating or canceling a quote/order for which the member is responsible where there is Exchange documentation providing that the member sought to update or cancel the quote/order. The Exchange notes that the proposed NOM chapter V, section 6(k) language is identical to that of Phlx Rule 1092(k). Per NOM chapter V, section 6, transactions that qualify for price adjustment will be adjusted to Theoretical Price, as defined in paragraph (b) of section 6. --------------------------------------------------------------------------- \3\ There is no reference to open outcry as NOM is all- electronic. --------------------------------------------------------------------------- The Exchange believes that it is appropriate to provide the flexibility and authority provided for in the proposed rule so as not to limit the Exchange's ability to plan for and respond to unforeseen systems problems or malfunctions. The proposed rule change would provide the Exchange with the same authority that Phlx and other exchanges have to nullify or adjust trades in the event of a ``verifiable disruption or malfunction'' in the use or operation of its systems.\4\ For this reason, the Exchange believes that, in the interest of maintaining a fair and orderly market and for the protection of investors, authority to nullify or adjust trades in these circumstances, consistent with the authority on other exchanges, is warranted. --------------------------------------------------------------------------- \4\ See, e.g., Phlx Rule 1092(k), Chicago Board Options Exchange (``CBOE'') Rule 6.25.05, CBOE C2 (``C2'') Rule 6.15.06, and NYSE Arca, Inc. (``Arca'') Rule 6.89. --------------------------------------------------------------------------- By way of housekeeping, the Exchange proposes to renumber current section 6(k) of NOM chapter V to section 6(l). There are no other changes to section 6(l), which deals with appeals regarding decisions pursuant to NOM chapter V, section 6. 2. Statutory Basis The Exchange believes the proposed rule change is consistent with the Act and the rules and regulations thereunder applicable to the Exchange and, in particular, the requirements of section 6(b) of the Act.\5\ Specifically, the Exchange believes the proposed rule change is consistent with the section 6(b)(5) \6\ requirements that the rules of an exchange be designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in 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. Additionally, the Exchange believes the proposed rule change is consistent with the section 6(b)(5) requirement that the rules of an exchange not be designed to permit unfair discrimination between customers, issuers, brokers, or dealers. --------------------------------------------------------------------------- \5\ 15 U.S.C. 78f(b). \6\ 15 U.S.C. 78f(b)(5). --------------------------------------------------------------------------- In particular, the Exchange believes that the proposed rule change would remove impediments to and perfect the mechanism of a free and open market and national market system and promote a fair and orderly market because it would provide authority for the Exchange to nullify or adjust trades that may have resulted from a verifiable systems disruption or malfunction. The Exchange believes that it is appropriate to provide the flexibility and authority provided for in the proposed rule so as not to limit the Exchange's ability to plan for and respond to unforeseen systems problems or malfunctions that may result in harm to the public. Allowing for the nullification or modification of transactions that result from verifiable disruptions and/or malfunctions of the Exchange's systems will offer market participants on NOM a level of relief presently not available. The Exchange notes that the proposed rule change is the same as the equivalent Phlx rule and substantially similar to the equivalent CBOE, C2, and Arca rules. B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition not necessary or appropriate in furtherance of the purposes of the Act. To the contrary, the Exchange believes that the proposed rule change is pro-competitive because it will align the NOM rules with the rules of other markets, including Phlx, CBOE, C2, and Arca. By adopting the proposed rule, the Exchange will be in a position to treat transactions that are a result of a verifiable systems issue or malfunction in a manner similar to other exchanges. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others Written comments were neither solicited nor 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 [[Page 50900]] 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) \7\ of the Act and subparagraph (f)(6) of Rule 19b-4 thereunder.\8\ --------------------------------------------------------------------------- \7\ 15 U.S.C. 78s(b)(3)(A). \8\ 17 CFR 240.19b-4(f)(6). --------------------------------------------------------------------------- At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is: (i) Necessary or appropriate in the public interest; (ii) for the protection of investors; or (iii) otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission shall institute proceedings to determine whether the proposed rule should be approved or disapproved. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic CommentsUse the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or Send an email to [email protected]. Please include File Number SR-NASDAQ-2015-100 on the subject line. Paper Comments Send paper comments in triplicate to Brent J. Fields, Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-NASDAQ-2015-100. 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 office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-NASDAQ-2015-100, and should be submitted on or before September 11, 2015. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\9\ --------------------------------------------------------------------------- \9\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Robert W. Errett, Deputy Secretary. [FR Doc. 2015-20656 Filed 8-20-15; 8:45 am] BILLING CODE 8011-01-P
![50898 Federal Register / Vol. 80, No. 162 / Friday, August 21, 2015 / Notices
Commission may designate if consistent public in accordance with the the NASDAQ Options Market (‘‘NOM’’)
with the protection of investors and the provisions of 5 U.S.C. 552, will be related to a verifiable disruption or
public interest; provided that the self- available for Web site viewing and malfunction of Exchange systems.
regulatory organization has given the printing in the Commission’s Public The text of the amended Exchange
Commission written notice of its intent Reference Room, 100 F Street NE., rule is set forth immediately below.
to file the proposed rule change, along Washington, DC 20549, on official Proposed new language is italicized
with a brief description and text of the business days between the hours of and proposed deleted language is
proposed rule change, at least five 10:00 a.m. and 3:00 p.m. Copies of such [bracketed].
business days prior to the date of filing filing will also be available for NASDAQ Stock Market Rules
of the proposed rule change, or such inspection and copying at the principal Options Rules
shorter time as designated by the office of the Exchange. All comments * * * * *
Commission.16 received will be posted without change; Chapter V Regulation of Trading on
At any time within 60 days of the the Commission does not edit personal NOM
filing of the proposed rule change, the identifying information from
Commission summarily may * * * * *
submissions. You should submit only
Sec. 6 Nullification and Adjustment of
temporarily suspend such rule change if information that you wish to make
Options Transactions Including Obvious
it appears to the Commission that such available publicly. All submissions
Errors
action is: (i) Necessary or appropriate in should refer to File No. SR– EDGX–
the public interest; (ii) for the protection 2015–36 and should be submitted on or The Exchange may nullify a
of investors; or (iii) otherwise in before September 11, 2015. transaction or adjust the execution price
furtherance of the purposes of the Act. of a transaction in accordance with this
For the Commission, by the Division of Rule. However, the determination as to
If the Commission takes such action, the Trading and Markets, pursuant to delegated
Commission shall institute proceedings authority.17
whether a trade was executed at an
to determine whether the proposed rule erroneous price may be made by mutual
Robert W. Errett,
should be approved or disapproved. agreement of the affected parties to a
Deputy Secretary.
particular transaction. A trade may be
IV. Solicitation of Comments [FR Doc. 2015–20655 Filed 8–20–15; 8:45 am] nullified or adjusted on the terms that
BILLING CODE 8011–01–P all parties to a particular transaction
Interested persons are invited to
submit written data, views and agree, provided, however, that such
arguments concerning the foregoing, agreement to nullify or adjust must be
SECURITIES AND EXCHANGE conveyed to the Exchange in a manner
including whether the proposal is COMMISSION
consistent with the Act. Comments may prescribed by the Exchange prior to 8:30
be submitted by any of the following [Release No. 34–75715; File No. SR– a.m. Eastern Time on the first trading
methods: NASDAQ–2015–100] day following the execution. It is
considered conduct inconsistent with
Electronic Comments Self-Regulatory Organizations; The just and equitable principles of trade for
• Use the Commission’s Internet NASDAQ Stock Market LLC; Notice of any Participant to use the mutual
comment form (http://www.sec.gov/ Filing and Immediate Effectiveness of adjustment process to circumvent any
rules/sro.shtml); or a Proposed Rule Change Relating to applicable Exchange rule, the Act or any
• Send an email to rule-comments@ Verifiable Disruption or Malfunction of of the rules and regulations thereunder.
sec.gov. Please include File No. SR– Exchange Systems (a)–(j) No Change.
EDGX–2015–36 on the subject line. August 17, 2015. (k) Verifiable Disruption or
Pursuant to section 19(b)(1) of the Malfunction of Exchange Systems.
Paper Comments
Securities Exchange Act of 1934 Parties to a trade may have a trade
• Send paper comments in triplicate nullified or its price adjusted if it
(‘‘Act’’),1 and Rule 19b–4 2 thereunder,
to Secretary, Securities and Exchange resulted from a verifiable disruption or
notice is hereby given that on August
Commission, 100 F Street NE., malfunction of Exchange execution,
13, 2015, The NASDAQ Stock Market
Washington, DC 20549–1090. dissemination, or communication
LLC (‘‘NASDAQ’’ or ‘‘Exchange’’) filed
All submissions should refer to File No. with the Securities and Exchange systems that caused a quote/order to
SR–EDGX–2015–36. This file number Commission (‘‘SEC’’ or ‘‘Commission’’) trade in excess of its disseminated size
should be included on the subject line the proposed rule change as described (e.g. a quote/order that is frozen,
if email is used. To help the in Items I, II, and III, below, which Items because of an Exchange system error,
Commission process and review your have been prepared by NASDAQ. The and repeatedly traded). Parties to a
comments more efficiently, please use Commission is publishing this notice to trade may have a trade nullified or its
only one method. The Commission will solicit comments on the proposed rule price adjusted if it resulted from a
post all comments on the Commission’s change from interested persons. verifiable disruption or malfunction of
Internet Web site (http://www.sec.gov/ an Exchange dissemination or
rules/sro.shtml). Copies of the I. Self-Regulatory Organization’s communication system that prevented a
submission, all subsequent Statement of the Terms of Substance of member from updating or canceling a
amendments, all written statements the Proposed Rule Change quote/order for which the member is
with respect to the proposed rule NASDAQ is filing with the responsible where there is Exchange
change that are filed with the Commission a proposal to amend documentation providing that the
rmajette on DSK7SPTVN1PROD with NOTICES
Commission, and all written chapter V, section 6 (Nullification and member sought to update or cancel the
communications relating to the Adjustment of Options Transactions quote/order.
proposed rule change between the including Obvious Errors) of the rules of ([k]l) Appeals. A party to a transaction
Commission and any person, other than affected by a decision made under this
those that may be withheld from the 17 17 CFR 200.30–3(a)(12). section may appeal that decision to the
1 15 U.S.C. 78s(b)(1). Nasdaq Review Council. An appeal
16 The Exchange has fulfilled this requirement. 2 17 CFR 240.19b–4. must be made in writing, and must be
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![50900 Federal Register / Vol. 80, No. 162 / Friday, August 21, 2015 / Notices
the protection of investors or the public provisions of 5 U.S.C. 552, will be I. Self-Regulatory Organization’s
interest; (ii) impose any significant available for Web site viewing and Statement of the Terms of Substance of
burden on competition; and (iii) become printing in the Commission’s Public the Proposed Rule Change
operative for 30 days from the date on Reference Room, 100 F Street NE.,
The Exchange filed a proposal to
which it was filed, or such shorter time Washington, DC 20549 on official
amend Rule 11.22 to describe a market
as the Commission may designate, it has business days between the hours of
data product known as BZX Book
become effective pursuant to section 10:00 a.m. and 3:00 p.m. Copies of such
Viewer.
19(b)(3)(A) 7 of the Act and filing also will be available for
The text of the proposed rule change
subparagraph (f)(6) of Rule 19b–4 inspection and copying at the principal
is available at the Exchange’s Web site
thereunder.8 office of the Exchange. All comments
At any time within 60 days of the at www.batstrading.com, at the
received will be posted without change;
filing of the proposed rule change, the principal office of the Exchange, and at
the Commission does not edit personal
Commission summarily may the Commission’s Public Reference
identifying information from
temporarily suspend such rule change if Room.
submissions. You should submit only
it appears to the Commission that such information that you wish to make II. Self-Regulatory Organization’s
action is: (i) Necessary or appropriate in available publicly. All submissions Statement of the Purpose of, and
the public interest; (ii) for the protection should refer to File Number SR– Statutory Basis for, the Proposed Rule
of investors; or (iii) otherwise in NASDAQ–2015–100, and should be Change
furtherance of the purposes of the Act. submitted on or before September 11,
In its filing with the Commission, the
If the Commission takes such action, the 2015.
Exchange included statements
Commission shall institute proceedings For the Commission, by the Division of concerning the purpose of and basis for
to determine whether the proposed rule Trading and Markets, pursuant to delegated the proposed rule change and discussed
should be approved or disapproved. authority.9 any comments it received on the
IV. Solicitation of Comments Robert W. Errett, proposed rule change. The text of these
Deputy Secretary. statements may be examined at the
Interested persons are invited to
submit written data, views, and [FR Doc. 2015–20656 Filed 8–20–15; 8:45 am] places specified in Item IV below. The
arguments concerning the foregoing, BILLING CODE 8011–01–P Exchange has prepared summaries, set
including whether the proposed rule forth in Sections A, B, and C below, of
change is consistent with the Act. the most significant parts of such
Comments may be submitted by any of SECURITIES AND EXCHANGE statements.
the following methods: COMMISSION
(A) Self-Regulatory Organization’s
Electronic Comments [Release No. 34–75711; File No. SR–BATS– Statement of the Purpose of, and
2015–62] Statutory Basis for, the Proposed Rule
• Use the Commission’s Internet Change
comment form (http://www.sec.gov/ Self-Regulatory Organizations; BATS
rules/sro.shtml); or Exchange, Inc.; Notice of Filing and 1. Purpose
• Send an email to rule-comments@ Immediate Effectiveness of a Proposed The Exchange proposes to add
sec.gov. Please include File Number SR– Rule Change To Amend Rule 11.22 To language to Rule 11.22 describing a
NASDAQ–2015–100 on the subject line. Describe the Market Data Product BZX market data product known as BZX
Paper Comments Book Viewer Book Viewer. The proposal
• Send paper comments in triplicate memorializes in the Exchange’s rules a
August 17, 2015.
to Brent J. Fields, Secretary, Securities data feed that is currently available
Pursuant to Section 19(b)(1) of the through the Exchange’s public Web site
and Exchange Commission, 100 F Street Securities Exchange Act of 1934 (the
NE., Washington, DC 20549–1090. free of charge. BZX Book Viewer is a
‘‘Act’’),1 and Rule 19b–4 thereunder,2 data feed that disseminates, on a real-
All submissions should refer to File notice is hereby given that on August 7,
Number SR–NASDAQ–2015–100. This time basis, the aggregated two-side
2015, BATS Exchange, Inc. (the quotations for up to five (5) price levels
file number should be included on the ‘‘Exchange’’ or ‘‘BATS’’) filed with the
subject line if email is used. To help the for all displayed orders for securities
Securities and Exchange Commission traded on the Exchange and for which
Commission process and review your (‘‘Commission’’) the proposed rule
comments more efficiently, please use the Exchanges reports quotes under the
change as described in Items I and II Consolidated Tape Association (‘‘CTA’’)
only one method. The Commission will below, which Items have been prepared
post all comments on the Commission’s Plan or the Nasdaq/UTP Plan. BZX Book
by the Exchange. The Exchange has Viewer also contains the last ten (10)
Internet Web site (http://www.sec.gov/ designated this proposal as a ‘‘non-
rules/sro.shtml). Copies of the trades including time of trade, price and
controversial’’ proposed rule change share quantity. BZX Book Viewer is
submission, all subsequent pursuant to Section 19(b)(3)(A) of the
amendments, all written statements currently available via
Act 3 and Rule 19b–4(f)(6)(iii) www.batstrading.com without charge.
with respect to the proposed rule thereunder,4 which renders it effective
change that are filed with the The Exchange will file a separate
upon filing with the Commission. The proposed rule change with the
Commission, and all written Commission is publishing this notice to
communications relating to the Commission proposing fees to be
solicit comments on the proposed rule
rmajette on DSK7SPTVN1PROD with NOTICES
proposed rule change between the charged for certain types of access to
change from interested persons. BZX Book Viewer as of September 1,
Commission and any person, other than
those that may be withheld from the 2015.5
9 17 CFR 200.30–3(a)(12).
public in accordance with the 1 15 U.S.C. 78s(b)(1). 5 The Exchange understands that its affiliated
2 17 CFR 240.19b–4.
exchanges intend to file identical proposed rule
7 15 U.S.C. 78s(b)(3)(A). 3 15 U.S.C. 78s(b)(3)(A).
changes to adopt rules and fees for the Book Viewer
8 17 CFR 240.19b–4(f)(6). 4 17 CFR 240.19b–4(f)(6)(iii). data feed with the Commission. The Exchange’s
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Document Created: 2018-02-23 11:00:49
Document Modified: 2018-02-23 11:00:49
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 80 FR 50898 |
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