80_FR_52015 80 FR 51850 - Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing of Proposed Rule Change To Adopt a Kill Switch for NOM

80 FR 51850 - Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing of Proposed Rule Change To Adopt a Kill Switch for NOM

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 165 (August 26, 2015)

Page Range51850-51852
FR Document2015-21080

Federal Register, Volume 80 Issue 165 (Wednesday, August 26, 2015)
[Federal Register Volume 80, Number 165 (Wednesday, August 26, 2015)]
[Notices]
[Pages 51850-51852]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-21080]



[[Page 51850]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75743; File No. SR-NASDAQ-2015-096]


Self-Regulatory Organizations; The NASDAQ Stock Market LLC; 
Notice of Filing of Proposed Rule Change To Adopt a Kill Switch for NOM

August 20, 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 August 7, 2015, The NASDAQ Stock Market LLC (``Nasdaq'' or 
``Exchange'') filed with the Securities and Exchange Commission 
(``SEC'' or ``Commission'') the proposed rule change as described in 
Items I, II, and III, below, which Items have been prepared by the 
Exchange. The Commission is publishing this notice to solicit comments 
on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend Chapter VI, Section 6, entitled 
``Acceptance of Quotes and Orders,'' of the rules governing the NASDAQ 
Options Market (``NOM'' or ``Exchange''). The Exchange proposes to 
adopt an optional Kill Switch protection.
    The text of the proposed rule change is available on the Exchange's 
Web site at http://nasdaq.cchwallstreet.com, at the principal office of 
the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The purpose of the filing is to adopt a new risk protection, a Kill 
Switch, applicable to all NOM Participants. The Kill Switch will allow 
NOM Participants to remove quotes and cancel open orders and prevent 
new order submission. This feature provides firms with a powerful risk 
management tool for immediate control of their quote and order 
activity.
    The Exchange proposes to amend Chapter VI, Section 6, entitled 
``Acceptance of Quotes and Orders,'' to add new section (d) to adopt 
the Kill Switch. The NASDAQ Options Kill Switch will be an optional 
tool that enables Participants to initiate a message(s) \3\ to the 
System to: (i) Promptly remove quotes; and/or (ii) promptly cancel 
orders. Participants may submit a request to the System to remove/
cancel quotes and/or orders based on certain identifiers on either a 
user or group level. Participants may elect to remove quotes and cancel 
orders by Exchange account, port, and/or badge or mnemonic 
(``Identifier'') or by a group (one or more Identifier 
combinations),\4\ which are provided by such Participant to the 
Exchange.\5\ Participants may not remove quotes/orders by symbol. The 
System will send an automated message to the Participant when a Kill 
Switch request has been processed by the Exchange's System.
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    \3\ NOM Participants will be able to utilize an interface to 
send a message to the Exchange to initiate the Kill Switch or they 
may contact the Exchange directly.
    \4\ The type of group permissible would be within a broker-
dealer. For example, this could be including but not limited to all 
market maker accounts or all order entry ports.
    \5\ Orders submitted by NOM Market Makers over Ouch to Trade 
Options (OTTO) interface will be treated as quotes for purposes of 
this rule.
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    If the Participant selects quotes to be cancelled utilizing the 
Kill Switch, the NOM Participant must send a message to the Exchange to 
request the removal of all quotes requested for the certain specified 
Identifier(s).\6\ The NOM Participant will be unable to enter any 
additional quotes for the affected Identifier(s) until re-entry has 
been enabled pursuant to proposed section (d)(iii).\7\
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    \6\ See note 3.
    \7\ Sweeps will also be cancelled. A sweep is a one-sided 
electronic quote submitted over the Specialized Quote Feed, which is 
the market making quoting interface.
---------------------------------------------------------------------------

    If the Participant selects orders to be cancelled utilizing the 
Kill Switch, the NOM Participant must send a message to the Exchange to 
request the cancellation of all orders requested for the certain 
specified Identifier(s).\8\ The NOM Participant will be unable to enter 
additional orders for the affected Identifier(s) until re-entry has 
been enabled pursuant to section (d)(iii).
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    \8\ See note 3.
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    Proposed section (d)(iii) stipulates that after quotes and/or 
orders are removed/cancelled by the NOM Participant utilizing the Kill 
Switch, the NOM Participant will be unable to enter additional quotes 
and/or orders for the affected Identifier(s) until the NOM Participant 
has made a request to the Exchange and Exchange staff has set a re-
entry indicator to enable re-entry.\9\ Once enabled for re-entry, the 
System will send a Re-entry Notification Message to the NOM 
Participant. The applicable Clearing Participant for that NOM 
Participant also will be notified of the re-entry into the System after 
quotes and/or orders are removed/cancelled as a result of the Kill 
Switch, provided the Clearing Participant has requested to receive such 
notification.
---------------------------------------------------------------------------

    \9\ The NOM Participant must directly and verbally contact the 
Exchange to request the re-set.
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    The Exchange offers many risk mitigation and management tools today 
including, but not limited to, certain rapid fire risk controls,\10\ 
15c3-5 risk controls, Order Price Protections,\11\ and cancel on 
disconnect and purge functionality for Specialized Quote Feed (SQF), 
Ouch to Trade Orders (OTTO) and FIX. The Kill Switch offers 
Participants a means to control their exposure, through an interface 
which is not dependent on the integrity of the Participant's own 
systems, should the Participant experience a failure.
---------------------------------------------------------------------------

    \10\ See NOM Rules at Chapter VII, Section 6(f).
    \11\ See NOM Rules at Chapter VI, Section 18.
---------------------------------------------------------------------------

    The Exchange proposes to implement this rule within ninety (90) 
days of the implementation date. The Exchange will issue an Options 
Trader Alert in advance to inform market participants of such date.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act \12\ in general, and furthers the objectives of Section 
6(b)(5) of the Act \13\ in particular, in that it is designed to 
promote just and equitable principles of trade, to remove impediments 
to and perfect the mechanism of a free and open market and a national 
market system, and, in general to protect investors and the public 
interest, by enhancing the risk protections available

[[Page 51851]]

to Exchange members. The proposal promotes policy goals of the 
Commission which has encouraged execution venues, exchange and non-
exchange alike, to enhance risk protection tools and other mechanisms 
to decrease risk and increase stability.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The individual firm benefits of enhanced risk protections flow 
downstream to counter-parties both at the Exchange and at other options 
exchanges, thereby increasing systemic protections as well. 
Additionally, because the Exchange offers this risk tool to all NOM 
Participants, the Exchange believes it will encourage liquidity 
generally and remove impediments to and perfect the mechanism of a free 
and open market and a national market system and protect investors and 
the public interest.
    This optional risk tool as noted above will be offered to all NOM 
Participants. The Exchange further represents that its proposal will 
operate consistently with the firm quote obligations of a broker-dealer 
pursuant to Rule 602 of Regulation NMS and that the functionality is 
not mandatory. Specifically, any interest that is executable against a 
NOM Participant's quotes and orders that are received \14\ by the 
Exchange prior to the time the Kill Switch is processed by the System 
will automatically execute at the price up to the NOM Participant's 
size. The Kill Switch message will be accepted by the System in the 
order of receipt in the queue and will be processed in that order so 
that interest that is already accepted into the System will be 
processed prior to the Kill Switch message.
---------------------------------------------------------------------------

    \14\ The time of receipt for an order or quote is the time such 
message is processed by the Exchange book.
---------------------------------------------------------------------------

    A NOM Market Makers' obligation to provide continuous two-sided 
quotes on a daily basis is not diminished by the removal of such quotes 
and/or orders by utilizing the Kill Switch. NOM Market Makers will be 
required to provide continuous two-sided quotes on a daily basis. NOM 
Market Makers that utilize the Kill Switch will not be relieved of the 
obligation to provide continuous two-sided quotes on a daily basis, nor 
will it prohibit the Exchange from taking disciplinary action against a 
NOM Market Maker for failing to meet the continuous quoting obligation 
each trading day.
    With respect to providing information regarding the removal of 
quotes and/or cancellation of orders as a result of the Kill Switch to 
the Clearing Participant, each Member that transacts through a Clearing 
Member on the Exchange executes a Letter of Guarantee wherein the 
Clearing Member accepts financial responsibility for all Exchange 
transactions made by the NOM Participant on whose behalf the Clearing 
Member submits the letter of guarantee. The Exchange believes that 
because Clearing Members guarantee all transactions on behalf of a 
Participant, and therefore bear the risk associated with those 
transactions, it is appropriate for Clearing Members to have knowledge 
of the utilization of the Kill Switch, should the Clearing Member 
request such notification.

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. The proposal does not impose an 
undue burden on inter-market competition because all NOM Participants 
may avail themselves of the Kill Switch, which functionality will be 
optional. The proposed rule change is meant to protect NOM Participants 
in the event the NOM Participant is suffering from a systems issue or 
from the occurrence of unusual or unexpected market activity that would 
require them to withdraw from the market in order to protect investors. 
The ability to control risk at either the user or group level will 
permit the NOM Participant to protect itself from inadvertent exposure 
to excessive risk at the each level. Reducing such risk will enable NOM 
Participants to enter quotes and orders without any fear of inadvertent 
exposure to excessive risk, which in turn will benefit investors 
through increased liquidity for the execution of their orders. Such 
increased liquidity benefits investors because they receive better 
prices and because it lowers volatility in the options market. For 
these reasons, the Exchange does not believe this proposal imposes an 
undue burden on inter-market competition, rather the proposed rule 
change will have no impact on competition.

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

    Within 45 days of the date of publication of this notice in the 
Federal Register or within such longer period (i) as the Commission may 
designate up to 90 days of such date if it finds such longer period to 
be appropriate and publishes its reasons for so finding or (ii) as to 
which the Exchange consents, the Commission shall: (a) By order approve 
or disapprove such proposed rule change, or (b) institute proceedings 
to determine whether the proposed rule change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-NASDAQ-2015-096 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2015-096. This 
file number should be included on the subject line if email is used. To 
help the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549, on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly.

[[Page 51852]]

    All submissions should refer to File Number SR-NASDAQ-2015-096 and 
should be submitted on or before September 16, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-21080 Filed 8-25-15; 8:45 am]
 BILLING CODE 8011-01-P



                                               51850                         Federal Register / Vol. 80, No. 165 / Wednesday, August 26, 2015 / Notices

                                               SECURITIES AND EXCHANGE                                    A. Self-Regulatory Organization’s                       NOM Participant must send a message
                                               COMMISSION                                                 Statement of the Purpose of, and                        to the Exchange to request the
                                                                                                          Statutory Basis for, the Proposed Rule                  cancellation of all orders requested for
                                               [Release No. 34–75743; File No. SR–                        Change                                                  the certain specified Identifier(s).8 The
                                               NASDAQ–2015–096]                                                                                                   NOM Participant will be unable to enter
                                                                                                          1. Purpose                                              additional orders for the affected
                                               Self-Regulatory Organizations; The                            The purpose of the filing is to adopt                Identifier(s) until re-entry has been
                                               NASDAQ Stock Market LLC; Notice of                         a new risk protection, a Kill Switch,                   enabled pursuant to section (d)(iii).
                                                                                                          applicable to all NOM Participants. The                    Proposed section (d)(iii) stipulates
                                               Filing of Proposed Rule Change To
                                                                                                          Kill Switch will allow NOM                              that after quotes and/or orders are
                                               Adopt a Kill Switch for NOM
                                                                                                          Participants to remove quotes and                       removed/cancelled by the NOM
                                               August 20, 2015.                                           cancel open orders and prevent new                      Participant utilizing the Kill Switch, the
                                                                                                          order submission. This feature provides                 NOM Participant will be unable to enter
                                                  Pursuant to Section 19(b)(1) of the                                                                             additional quotes and/or orders for the
                                                                                                          firms with a powerful risk management
                                               Securities Exchange Act of 1934                            tool for immediate control of their quote               affected Identifier(s) until the NOM
                                               (‘‘Act’’) 1, and Rule 19b–4 thereunder,2                   and order activity.                                     Participant has made a request to the
                                               notice is hereby given that on August 7,                      The Exchange proposes to amend                       Exchange and Exchange staff has set a
                                               2015, The NASDAQ Stock Market LLC                          Chapter VI, Section 6, entitled                         re-entry indicator to enable re-entry.9
                                               (‘‘Nasdaq’’ or ‘‘Exchange’’) filed with the                ‘‘Acceptance of Quotes and Orders,’’ to                 Once enabled for re-entry, the System
                                               Securities and Exchange Commission                         add new section (d) to adopt the Kill                   will send a Re-entry Notification
                                               (‘‘SEC’’ or ‘‘Commission’’) the proposed                   Switch. The NASDAQ Options Kill                         Message to the NOM Participant. The
                                               rule change as described in Items I, II,                   Switch will be an optional tool that                    applicable Clearing Participant for that
                                               and III, below, which Items have been                      enables Participants to initiate a                      NOM Participant also will be notified of
                                               prepared by the Exchange. The                              message(s) 3 to the System to: (i)                      the re-entry into the System after quotes
                                               Commission is publishing this notice to                    Promptly remove quotes; and/or (ii)                     and/or orders are removed/cancelled as
                                               solicit comments on the proposed rule                      promptly cancel orders. Participants                    a result of the Kill Switch, provided the
                                               change from interested persons.                            may submit a request to the System to                   Clearing Participant has requested to
                                                                                                          remove/cancel quotes and/or orders                      receive such notification.
                                               I. Self-Regulatory Organization’s                          based on certain identifiers on either a                   The Exchange offers many risk
                                               Statement of the Terms of Substance of                     user or group level. Participants may                   mitigation and management tools today
                                               the Proposed Rule Change                                   elect to remove quotes and cancel orders                including, but not limited to, certain
                                                                                                          by Exchange account, port, and/or badge                 rapid fire risk controls,10 15c3–5 risk
                                                  The Exchange proposes to amend                                                                                  controls, Order Price Protections,11 and
                                                                                                          or mnemonic (‘‘Identifier’’) or by a
                                               Chapter VI, Section 6, entitled                                                                                    cancel on disconnect and purge
                                                                                                          group (one or more Identifier
                                               ‘‘Acceptance of Quotes and Orders,’’ of                                                                            functionality for Specialized Quote Feed
                                                                                                          combinations),4 which are provided by
                                               the rules governing the NASDAQ                             such Participant to the Exchange.5                      (SQF), Ouch to Trade Orders (OTTO)
                                               Options Market (‘‘NOM’’ or                                 Participants may not remove quotes/                     and FIX. The Kill Switch offers
                                               ‘‘Exchange’’). The Exchange proposes to                    orders by symbol. The System will send                  Participants a means to control their
                                               adopt an optional Kill Switch                              an automated message to the Participant                 exposure, through an interface which is
                                               protection.                                                when a Kill Switch request has been                     not dependent on the integrity of the
                                                                                                          processed by the Exchange’s System.                     Participant’s own systems, should the
                                                  The text of the proposed rule change
                                                                                                             If the Participant selects quotes to be              Participant experience a failure.
                                               is available on the Exchange’s Web site                                                                               The Exchange proposes to implement
                                               at http://nasdaq.cchwallstreet.com, at                     cancelled utilizing the Kill Switch, the
                                                                                                                                                                  this rule within ninety (90) days of the
                                               the principal office of the Exchange, and                  NOM Participant must send a message
                                                                                                                                                                  implementation date. The Exchange will
                                               at the Commission’s Public Reference                       to the Exchange to request the removal                  issue an Options Trader Alert in
                                               Room.                                                      of all quotes requested for the certain                 advance to inform market participants
                                                                                                          specified Identifier(s).6 The NOM                       of such date.
                                               II. Self-Regulatory Organization’s                         Participant will be unable to enter any
                                               Statement of the Purpose of, and                           additional quotes for the affected                      2. Statutory Basis
                                               Statutory Basis for, the Proposed Rule                     Identifier(s) until re-entry has been                      The Exchange believes that its
                                               Change                                                     enabled pursuant to proposed section                    proposal is consistent with Section 6(b)
                                                                                                          (d)(iii).7                                              of the Act 12 in general, and furthers the
                                                 In its filing with the Commission, the                      If the Participant selects orders to be              objectives of Section 6(b)(5) of the Act 13
                                               Exchange included statements                               cancelled utilizing the Kill Switch, the                in particular, in that it is designed to
                                               concerning the purpose of and basis for                                                                            promote just and equitable principles of
                                               the proposed rule change and discussed                        3 NOM Participants will be able to utilize an
                                                                                                                                                                  trade, to remove impediments to and
                                               any comments it received on the                            interface to send a message to the Exchange to
                                                                                                          initiate the Kill Switch or they may contact the        perfect the mechanism of a free and
                                               proposed rule change. The text of these                    Exchange directly.                                      open market and a national market
                                               statements may be examined at the                             4 The type of group permissible would be within      system, and, in general to protect
                                               places specified in Item IV below. The                     a broker-dealer. For example, this could be             investors and the public interest, by
                                               Exchange has prepared summaries, set                       including but not limited to all market maker           enhancing the risk protections available
                                                                                                          accounts or all order entry ports.
rmajette on DSK7SPTVN1PROD with NOTICES




                                               forth in sections A, B, and C below, of                       5 Orders submitted by NOM Market Makers over
                                               the most significant aspects of such                       Ouch to Trade Options (OTTO) interface will be
                                                                                                                                                                    8 See note 3.
                                                                                                                                                                    9 The NOM Participant must directly and verbally
                                               statements.                                                treated as quotes for purposes of this rule.
                                                                                                             6 See note 3.                                        contact the Exchange to request the re-set.
                                                                                                                                                                    10 See NOM Rules at Chapter VII, Section 6(f).
                                                                                                             7 Sweeps will also be cancelled. A sweep is a one-
                                                                                                                                                                    11 See NOM Rules at Chapter VI, Section 18.
                                                                                                          sided electronic quote submitted over the
                                                 1 15   U.S.C. 78s(b)(1).                                                                                           12 15 U.S.C. 78f(b).
                                                                                                          Specialized Quote Feed, which is the market
                                                 2 17   CFR 240.19b–4.                                    making quoting interface.                                 13 15 U.S.C. 78f(b)(5).




                                          VerDate Sep<11>2014      14:29 Aug 25, 2015   Jkt 235001   PO 00000   Frm 00086   Fmt 4703   Sfmt 4703   E:\FR\FM\26AUN1.SGM      26AUN1


                                                                           Federal Register / Vol. 80, No. 165 / Wednesday, August 26, 2015 / Notices                                           51851

                                               to Exchange members. The proposal                        executes a Letter of Guarantee wherein                as the Commission may designate up to
                                               promotes policy goals of the                             the Clearing Member accepts financial                 90 days of such date if it finds such
                                               Commission which has encouraged                          responsibility for all Exchange                       longer period to be appropriate and
                                               execution venues, exchange and non-                      transactions made by the NOM                          publishes its reasons for so finding or
                                               exchange alike, to enhance risk                          Participant on whose behalf the Clearing              (ii) as to which the Exchange consents,
                                               protection tools and other mechanisms                    Member submits the letter of guarantee.               the Commission shall: (a) By order
                                               to decrease risk and increase stability.                 The Exchange believes that because                    approve or disapprove such proposed
                                                  The individual firm benefits of                       Clearing Members guarantee all                        rule change, or (b) institute proceedings
                                               enhanced risk protections flow                           transactions on behalf of a Participant,              to determine whether the proposed rule
                                               downstream to counter-parties both at                    and therefore bear the risk associated                change should be disapproved.
                                               the Exchange and at other options                        with those transactions, it is appropriate
                                                                                                                                                              IV. Solicitation of Comments
                                               exchanges, thereby increasing systemic                   for Clearing Members to have
                                               protections as well. Additionally,                       knowledge of the utilization of the Kill                Interested persons are invited to
                                               because the Exchange offers this risk                    Switch, should the Clearing Member                    submit written data, views, and
                                               tool to all NOM Participants, the                        request such notification.                            arguments concerning the foregoing,
                                               Exchange believes it will encourage                                                                            including whether the proposed rule
                                                                                                        B. Self-Regulatory Organization’s                     change is consistent with the Act.
                                               liquidity generally and remove                           Statement on Burden on Competition
                                               impediments to and perfect the                                                                                 Comments may be submitted by any of
                                               mechanism of a free and open market                         The Exchange does not believe that                 the following methods:
                                               and a national market system and                         the proposed rule change will impose
                                                                                                                                                              Electronic Comments
                                               protect investors and the public interest.               any burden on competition not
                                                  This optional risk tool as noted above                necessary or appropriate in furtherance                 • Use the Commission’s Internet
                                               will be offered to all NOM Participants.                 of the purposes of the Act. The proposal              comment form (http://www.sec.gov/
                                               The Exchange further represents that its                 does not impose an undue burden on                    rules/sro.shtml); or
                                                                                                        inter-market competition because all                    • Send an email to rule-comments@
                                               proposal will operate consistently with
                                                                                                        NOM Participants may avail themselves                 sec.gov. Please include File Number SR–
                                               the firm quote obligations of a broker-
                                                                                                        of the Kill Switch, which functionality               NASDAQ–2015–096 on the subject line.
                                               dealer pursuant to Rule 602 of
                                               Regulation NMS and that the                              will be optional. The proposed rule                   Paper Comments
                                               functionality is not mandatory.                          change is meant to protect NOM
                                                                                                                                                                 • Send paper comments in triplicate
                                               Specifically, any interest that is                       Participants in the event the NOM
                                                                                                                                                              to Secretary, Securities and Exchange
                                               executable against a NOM Participant’s                   Participant is suffering from a systems
                                                                                                                                                              Commission, 100 F Street NE.,
                                               quotes and orders that are received 14 by                issue or from the occurrence of unusual
                                                                                                                                                              Washington, DC 20549–1090.
                                               the Exchange prior to the time the Kill                  or unexpected market activity that
                                                                                                        would require them to withdraw from                   All submissions should refer to File
                                               Switch is processed by the System will                                                                         Number SR–NASDAQ–2015–096. This
                                               automatically execute at the price up to                 the market in order to protect investors.
                                                                                                        The ability to control risk at either the             file number should be included on the
                                               the NOM Participant’s size. The Kill                                                                           subject line if email is used. To help the
                                               Switch message will be accepted by the                   user or group level will permit the NOM
                                                                                                        Participant to protect itself from                    Commission process and review your
                                               System in the order of receipt in the                                                                          comments more efficiently, please use
                                               queue and will be processed in that                      inadvertent exposure to excessive risk at
                                                                                                        the each level. Reducing such risk will               only one method. The Commission will
                                               order so that interest that is already                                                                         post all comments on the Commission’s
                                               accepted into the System will be                         enable NOM Participants to enter quotes
                                                                                                        and orders without any fear of                        Internet Web site (http://www.sec.gov/
                                               processed prior to the Kill Switch                                                                             rules/sro.shtml). Copies of the
                                               message.                                                 inadvertent exposure to excessive risk,
                                                                                                        which in turn will benefit investors                  submission, all subsequent
                                                  A NOM Market Makers’ obligation to
                                                                                                        through increased liquidity for the                   amendments, all written statements
                                               provide continuous two-sided quotes on
                                                                                                        execution of their orders. Such                       with respect to the proposed rule
                                               a daily basis is not diminished by the
                                                                                                        increased liquidity benefits investors                change that are filed with the
                                               removal of such quotes and/or orders by
                                                                                                        because they receive better prices and                Commission, and all written
                                               utilizing the Kill Switch. NOM Market
                                                                                                        because it lowers volatility in the                   communications relating to the
                                               Makers will be required to provide
                                                                                                        options market. For these reasons, the                proposed rule change between the
                                               continuous two-sided quotes on a daily
                                                                                                        Exchange does not believe this proposal               Commission and any person, other than
                                               basis. NOM Market Makers that utilize
                                                                                                        imposes an undue burden on inter-                     those that may be withheld from the
                                               the Kill Switch will not be relieved of
                                                                                                        market competition, rather the proposed               public in accordance with the
                                               the obligation to provide continuous
                                                                                                        rule change will have no impact on                    provisions of 5 U.S.C. 552, will be
                                               two-sided quotes on a daily basis, nor
                                                                                                        competition.                                          available for Web site viewing and
                                               will it prohibit the Exchange from
                                                                                                                                                              printing in the Commission’s Public
                                               taking disciplinary action against a                     C. Self-Regulatory Organization’s                     Reference Room, 100 F Street NE.,
                                               NOM Market Maker for failing to meet                     Statement on Comments on the                          Washington, DC 20549, on official
                                               the continuous quoting obligation each                   Proposed Rule Change Received From                    business days between the hours of
                                               trading day.                                             Members, Participants, or Others                      10:00 a.m. and 3:00 p.m. Copies of the
                                                  With respect to providing information
                                                                                                          No written comments were either                     filing also will be available for
                                               regarding the removal of quotes and/or
                                                                                                        solicited or received.                                inspection and copying at the principal
rmajette on DSK7SPTVN1PROD with NOTICES




                                               cancellation of orders as a result of the
                                                                                                                                                              office of the Exchange. All comments
                                               Kill Switch to the Clearing Participant,                 III. Date of Effectiveness of the                     received will be posted without change;
                                               each Member that transacts through a                     Proposed Rule Change and Timing for                   the Commission does not edit personal
                                               Clearing Member on the Exchange                          Commission Action                                     identifying information from
                                                 14 The time of receipt for an order or quote is the       Within 45 days of the date of                      submissions. You should submit only
                                               time such message is processed by the Exchange           publication of this notice in the Federal             information that you wish to make
                                               book.                                                    Register or within such longer period (i)             available publicly.


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                                               51852                      Federal Register / Vol. 80, No. 165 / Wednesday, August 26, 2015 / Notices

                                                 All submissions should refer to File                  at www.batstrading.com, at the                         securities platform when a technical or
                                               Number SR–NASDAQ–2015–096 and                           principal office of the Exchange, and at               system issue occurs. Rule 2.11 also
                                               should be submitted on or before                        the Commission’s Public Reference                      describes the operation of an error
                                               September 16, 2015.                                     Room.                                                  account for BATS Trading. The
                                                 For the Commission, by the Division of                                                                       Exchange proposes to make the
                                                                                                       II. Self-Regulatory Organization’s
                                               Trading and Markets, pursuant to delegated              Statement of the Purpose of, and                       amendments to Rule 2.11 described
                                               authority.15
                                                                                                       Statutory Basis for, the Proposed Rule                 below to align each subparagraph with
                                               Robert W. Errett,                                       Change                                                 the corresponding subparagraph within
                                               Deputy Secretary.                                                                                              BZX and BYX Rules 2.11.8 Again, none
                                                                                                          In its filing with the Commission, the              of these proposed changes alter the
                                               [FR Doc. 2015–21080 Filed 8–25–15; 8:45 am]
                                                                                                       Exchange included statements                           authority of the Exchange or BATS
                                               BILLING CODE 8011–01–P
                                                                                                       concerning the purpose of and basis for                Trading to cancel orders that result from
                                                                                                       the proposed rule change and discussed                 a technical or system issue nor do they
                                                                                                       any comments it received on the                        amend the operation of an error account
                                               SECURITIES AND EXCHANGE
                                                                                                       proposed rule change. The text of these                for BATS Trading.
                                               COMMISSION
                                                                                                       statements may be examined at the                         First, the Exchange proposes to make
                                               [Release No. 34–75746; File No. SR–EDGX–                places specified in Item IV below. The                 the follow ministerial changes to Rule
                                               2015–37]                                                Exchange has prepared summaries, set                   2.11 to conform to BZX and BYX Rules
                                                                                                       forth in Sections A, B, and C below, of                2.11, none of which amend the
                                               Self-Regulatory Organizations; EDGX                     the most significant parts of such
                                               Exchange, Inc.; Notice of Filing and                                                                           substance or meaning of each section of
                                                                                                       statements.                                            the rule:
                                               Immediate Effectiveness of a Proposed
                                               Rule Change to Rule 2.11, BATS                          (A) Self-Regulatory Organization’s                        • Add ‘‘, Inc.’’ after ‘‘BATS Trading’’
                                               Trading as Outbound Router                              Statement of the Purpose of, and                       in the title of Rule 2.11 to align with the
                                                                                                       Statutory Basis for, the Proposed Rule                 title of BZX and BYX Rules 2.11; and
                                               August 20, 2015.                                        Change                                                    • Replace the word ‘‘accordance’’
                                                  Pursuant to Section 19(b)(1) of the                                                                         with the word ‘‘compliance’’ in
                                               Securities Exchange Act of 1934 (the                    1. Purpose                                             subparagraph (a)(4) to align with BZX
                                               ‘‘Act’’),1 and Rule 19b–4 thereunder,2                     In early 2014, the Exchange and its                 and BYX Rules 2.11(a)(4);
                                               notice is hereby given that on August                   affiliate, EDGA Exchange, Inc.                            None of the above changes alter the
                                               11, 2015, EDGX Exchange, Inc. (the                      (‘‘EDGA’’), received approval to effect a              meaning of each subparagraph. They are
                                               ‘‘Exchange’’ or ‘‘EDGX’’) filed with the                merger (the ‘‘Merger’’) of the Exchange’s              simply intended to align each
                                               Securities and Exchange Commission                      parent company, Direct Edge Holdings                   subparagraph with the corresponding
                                               (‘‘Commission’’) the proposed rule                      LLC, with BATS Global Markets, Inc.,                   subparagraph within Rule 2.11.
                                               change as described in Items I and II                   the parent of BZX and BYX (together                       Second, the Exchange proposes to
                                               below, which Items have been prepared                   with EDGA, and EDGX, the ‘‘BGM                         amend Rule 2.11(a)(6) to align with BZX
                                               by the Exchange. The Exchange has                       Affiliated Exchanges’’).6 In the context               and BYX Rules 2.11(a)(6). Rule
                                               designated this proposal as a ‘‘non-                    of the Merger, the BGM Affiliated                      2.11(a)(6) will continue to provide that
                                               controversial’’ proposed rule change                    Exchanges are working to align certain                 the Exchange or BATS Trading may
                                               pursuant to Section 19(b)(3)(A) of the                  system and regulatory functionality,                   cancel orders as either deems to be
                                               Act 3 and Rule 19b–4(f)(6)(iii)                         retaining only intended differences                    necessary to maintain fair and orderly
                                               thereunder,4 which renders it effective                 between the BGM Affiliated Exchanges.                  markets if a technical or systems issue
                                               upon filing with the Commission. The                    Thus, the proposal set forth below is                  occurs at the Exchange, BATS Trading
                                               Commission is publishing this notice to                 intended to amend Rule 2.11, BATS                      or a routing destination. The Exchange
                                               solicit comments on the proposed rule                   Trading as an Outbound Router, to make                 proposes to replace: (i) The phrase ‘‘if
                                               change from interested persons.                         such Rule identical to the corresponding               and when a systems, technical or
                                               I. Self-Regulatory Organization’s                       Rule 2.11 on BZX and BYX. The                          operational issue’’ with ‘‘if a technical
                                               Statement of the Terms of Substance of                  Exchange does not propose to alter its                 or systems issue’’; and (ii) the term
                                               the Proposed Rule Change                                current system functionality with regard               ‘‘Trading Center’’ with ‘‘routing
                                                                                                       to its use of BATS Trading, Inc. (‘‘BATS               destination.’’ Replacement of these
                                                  The Exchange filed a proposal to                     Trading’’) as an outbound router and its               terms do not alter the meaning of Rule
                                               amend Rule 2.11, BATS Trading as                        use of an error account. Rather, the                   2.11(a)(6). Rather, they simply align the
                                               Outbound Router, in order to conform to                 proposed rule change is designed to                    rule’s text with that of BZX and BYX
                                               the rules of BATS Exchange, Inc.                        provide a consistent rule set across each              Rules 2.11(a)(6). To further align the
                                               (‘‘BZX’’) and BATS Y-Exchange, Inc.                     of the BGM Affiliated Exchanges.7                      rule text with BZX and BYX Rules
                                               (‘‘BYX’’).5                                                Pursuant to Exchange Rule 2.11, the
                                                  The text of the proposed rule change                                                                        2.11(a)(6), the Exchange proposes to
                                                                                                       Exchange relies on BATS Trading to                     delete the phrase ‘‘of orders’’ from the
                                               is available at the Exchange’s Web site                 provide outbound routing services from                 last sentence of Exchange Rule
                                                                                                       itself to a routing destination. Rule 2.11             2.11(a)(6). Rule 2.11(a)(6) will continue
                                                 15 17  CFR 200.30–3(a)(12).
                                                 1 15
                                                                                                       also provides the authority to the                     to require that the Exchange or BATS
                                                       U.S.C. 78s(b)(1).
                                                  2 17 CFR 240.19b–4.
                                                                                                       Exchange or BATS Trading to cancel                     Trading provide notice of the
                                                  3 15 U.S.C. 78s(b)(3)(A).                            orders on the Exchange’s equity                        cancellation of orders to affected
rmajette on DSK7SPTVN1PROD with NOTICES




                                                  4 17 CFR 240.19b–4(f)(6)(iii).
                                                                                                          6 See Securities Exchange Act Release No. 71449
                                                                                                                                                              Members as soon as practicable.
                                                  5 See BZX and BYX Rules 2.11. See also
                                                                                                       (January 30, 2014), 79 FR 6961 (February 5, 2014)
                                                                                                                                                                 Third, the Exchange proposes to
                                               Securities Exchange Act Release Nos. 69744 (June
                                               12, 2015), 78 FR 36612 (June 18, 2015) (SR–BYX–         (SR–EDGX–2013–043; SR–EDGA–2013–034).                  amend Rule 2.11(a)(7) to align with BZX
                                               2013–018); and 69744 (June 12, 2013), 78 FR 36621          7 See BZX and BYX Rules 2.11. The Exchange

                                               (June 18, 2015) (SR–BATS–2013–032) (notices of          notes that EDGA intends to file a similar proposal       8 The Exchange notes that it does not propose to

                                               filing and immediate effectiveness of proposed rule     that will align the rules related to its use of BATS   amend Rules 2.11(a)(1)—(3) and (b) as those
                                               changes to amend BYX and BZX Rules 2.11,                Trading as an outbound router across each of the       subparagraphs are identical to BZX and BYX Rules
                                               entitled ‘‘BATS Trading, Inc. as Outbound Router’’).    BGM Affiliated Exchanges.                              2.11(a)(1)–(3) and (b).



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Document Created: 2015-12-15 10:58:51
Document Modified: 2015-12-15 10:58:51
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 51850 

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