80_FR_67157 80 FR 66947 - Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to Options Testing Facility

80 FR 66947 - Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to Options Testing Facility

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 210 (October 30, 2015)

Page Range66947-66949
FR Document2015-27650

Federal Register, Volume 80 Issue 210 (Friday, October 30, 2015)
[Federal Register Volume 80, Number 210 (Friday, October 30, 2015)]
[Notices]
[Pages 66947-66949]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-27650]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76259; File No. SR-NASDAQ-2015-117]


Self-Regulatory Organizations; The NASDAQ Stock Market LLC; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change to 
Options Testing Facility

October 26, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given 
that, on October 16, 2015, The NASDAQ Stock Market LLC (``Nasdaq'' or 
``Exchange'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I, II, 
and III below, which Items have been prepared by the Exchange. The 
Commission is publishing this notice to solicit comments on the 
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the 
Substance of the Proposed Rule Change

    The Exchange proposes to amend its Options Pricing at Chapter XV to 
adopt a new Section 13, entitled ``Testing Facilities'' which describes 
fees in connection with the use of the Testing Facility (``NTF'') test 
environment located in Carteret, New Jersey.
    While the changes proposed herein are effective upon filing, the 
Exchange has designated that the amendments be operative on October 26, 
2015.
    The text of the proposed rule change is available on the Exchange's 
Web site at http://nasdaq.cchwallstreet.com, at the principal office of 
the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    Nasdaq proposes to amend its Options Pricing at Chapter XV to adopt 
a new Section 13, entitled ``Testing Facilities'' to establish fees to 
subscribe for testing. Currently, Options Participants may test in a 
virtual trading environment for purposes of testing in Ashburn, 
Virginia (``Ashburn''), at no cost. The NTF provides subscribers a 
virtual System environment for testing upcoming Nasdaq releases and 
product enhancements, as well as testing firm software prior to 
implementation. The test environment closely approximates the 
production environment to enable subscribers to test their automated 
systems that integrate with the Exchange.
    The Exchange is moving the options test environment from the 
Ashburn location to Carteret, NJ (``Carteret''), which is also the 
location of Nasdaq's primary trading System. While Options Participants 
will be able to continue to utilize the Ashburn facility at no cost 
until that facility is no longer in use, Options Participants will be 
able to subscribe to the Carteret test facility for future testing.\3\
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    \3\ The Exchange anticipates that it will sunset the Ashburn 
trading testing functionality on January 29, 2016.
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    The relatively large distance between the Ashburn Testing Facility 
and the majority of Nasdaq firms results in expensive connectivity 
costs for customers that connect via telecommunication providers. As a 
consequence, a large majority of member firms do not connect to Ashburn 
for NTF connectivity. In an effort to improve the utility of the NTF, 
Nasdaq is developing a test environment located in Carteret that will 
provide the same functionality as the testing functionality of Ashburn, 
yet more closely approximate the live trading environment due to its 
proximity to the System and upgraded hardware. In particular, the 
Carteret test environment will take advantage of technology upgrades 
Nasdaq is making to its trading-related systems. Unlike the Ashburn 
test environment, the Carteret test environment will provide dedicated 
connectivity to the facility via a cross-connection to either a member 
firm's direct connection router in Carteret or its co-location cabinet.
    Nasdaq notes that, because the Carteret facility also houses the 
System, subscribers to the Carteret test environment will no longer 
need to pay for third party connectivity to Ashburn,\4\ provided the 
sole purpose for connecting to Ashburn is for testing and not also for 
co-location or disaster recovery. Such member firms may use an existing 
connection to Carteret to access the NTF through the use of a dedicated 
switch port and cross connect within the facility. Similar to the 
equities test facility,\5\ the Exchange will assess a fee for the 
connection to this virtual trading environment for testing. 
Specifically, Nasdaq proposes a $1,000 per hand-off, per month fee for 
connection to the Testing Facility. The hand-off fee includes either a 
1Gb or 10Gb switch port and a cross connect to the Testing Facility. 
Subscribers shall also pay a one-time installation fee of $1,000 per 
hand-off.
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    \4\ Today, member firms pay fees to third party connectivity 
providers to provide connection from the member firm to Ashburn.
    \5\ See Nasdaq Rule 7030, concerning equities pricing.
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    The connectivity provided under this rule also provides 
connectivity to the other test environments of NASDAQ OMX PHLX LLC and 
NASDAQ OMX BX, Inc. Additionally, the connectivity may be utilized for 
either equities or options testing. If for example a Phlx [sic] member 
has already paid the $1,000 per hand-off, per month for connection to 
the Testing Facility in Carteret, there would be no need to pay this 
fee for options testing.
    Notwithstanding the foregoing, Nasdaq will also continue to offer 
certain limited testing capabilities free of charge at Carteret. 
Options Participants that connect to Cartert's [sic] NTF through a 
virtual private network (``VPN'') through the internet for site-to-site 
limited order routing

[[Page 66948]]

capability only will not be assessed a fee.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act \6\ in general, and with Sections 6(b)(4) and 6(b)(5) 
of the Act,\7\ in particular. Nasdaq believes the proposal is 
consistent with Section 6(b)(4) of the Act \8\ in that it provides for 
the equitable allocation of reasonable dues, fees and other charges 
among members and issuers and other persons using any facility or 
system which the Exchange operates or controls.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(4) and (5).
    \8\ 15 U.S.C. 78f(b)(4).
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    The proposed fees are equitably allocated because all Options 
Participants desiring to connect to the Carteret test environment will 
be assessed a uniform fee for those services. The Exchange believes 
that offering subscribers the option to subscribe to either 1Gb or 10Gb 
for the same fee is an equitable allocation because, unlike the live 
trading environment, there is no competitive advantage to possessing a 
higher capacity switch port in the test environment. The test 
environment is designed to closely mirror the live trading environment 
for Options Participants, including matching the capacity of each 
Options Participant's live environment switch port. In the absence of 
any competitive advantage, charging a uniform fee for both 1Gb and 10Gb 
switch ports is an equitable allocation of fees. Nasdaq believes that 
charging a uniform fee will encourage member firms to subscribe to 
Carteret, and further encourage those that subscribe to use the same 
hardware as is used by them for connectivity to the live trading 
environment.
    The proposed fees are reasonable because they are designed to cover 
the costs incurred by the Exchange to develop the test facility and the 
costs incurred by the Exchange to continue to offer the test 
environment. The proposed fee should allow the Exchange to recoup these 
costs and also make a profit, while providing Options Participants with 
a superior test environment that more closely mirrors that of the live 
trading environment on the Exchange. Nasdaq believes that offering both 
1Gb and 10Gb connectivity for the same fee is reasonable as the 
increased incremental cost it incurs by offering the 10Gb switch port 
at the lower fee is outweighed by the benefit all subscribers will 
receive if Options Participants use hardware identical to what they use 
in the live trading environment, hence furthering the goal of creating 
a test environment that closely mirrors the live trading environment.
    Further, the connectivity provided under this rule also provides 
connectivity to the other test environments of NASDAQ OMX PHLX LLC and 
NASDAQ OMX BX, Inc. This connectivity may be utilized for either 
equities or options testing. If for example a Nasdaq member has already 
paid the $1,000 per hand-off, per month for connection to the Testing 
Facility in Carteret, there would be no need to pay this fee for 
options testing.
    The Exchange also believes the proposal furthers the objectives of 
Section 6(b)(5) of the Act \9\ 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 and is not 
designed to permit unfair discrimination between customer, issuers, 
brokers and dealers. Nasdaq does not believe that the proposed fees are 
unfairly discriminatory to subscribers to 10Gb live trading environment 
connectivity because, unlike the live trading environment where the 
capacity of connectivity to Nasdaq may confer a competitive advantage 
to a market participant and therefore price differentiation is 
appropriate for the benefit conferred, there is no such benefit 
conferred in the trade test environment. Nasdaq does not believe that 
the proposed fees are unfairly discriminatory among subscribers to the 
Carteret test facility because all Options Participants that subscribe 
to the service will be assessed the same fees. Because the proposed 
fees do not discriminate between 1Gb and 10Gb connectivity options, 
Options Participants are able to subscribe to Carteret without regard 
to the cost of their switch port capacity election. Nasdaq believes 
that by not discriminating on this basis it will encourage participants 
to connect to the Carteret test environment in the same manner as they 
do to the live trading environment, and thereby help Carteret more 
closely mirror the live test environment, as discussed above. Providing 
a more useful and accurate test environment will serve to improve live 
trading on Nasdaq and the national market system by permitting Options 
Participants the ability to accurately test changes prior to 
implementing them in the live trading environment, thereby reducing the 
likelihood of a potentially disruptive system failure in the live 
trading environment, which has the potential to affect all market 
participants.
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    \9\ 15 U.S.C. 78f(b)(5).
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    Finally, the Exchange will continue to offer Options Participants 
certain limited testing capabilities free of charge at Carteret through 
VPN. While this feature offers limited capability in terms of 
functionality, the Exchange continues to offer a free of charge 
alternative to Options Participants desiring to utilize the NTF.

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

    Nasdaq does not believe that the proposed rule change will result 
in any intra-market or inter-market burdens on competition that are not 
necessary or appropriate in furtherance of the purposes of the Act, as 
amended. The proposed fees for access to the Carteret test environment 
more closely approximate the live trading environment, subscribing 
member firms will be able to more accurately test their trading systems 
and avoid potentially disruptive system failures in the live trading 
environment. Despite the fee that will now be assessed to Options 
Participants for testing, the Exchange believes that Options 
Participants utilizing this service will benefit from the move to 
Carteret because the test environment is designed to closely mirror the 
live trading environment for Options Participants, including matching 
the capacity of each Options Participant's live environment switch 
port. Subscribing to the test facility is optional.
    Also, the connectivity provided under this rule also provides 
connectivity to the other test environments of NASDAQ OMX PHLX LLC and 
NASDAQ OMX BX, Inc. Members that are already connected for equities 
testing would not incur an additional charge. This connectivity may be 
utilized for either equities or options testing. Finally, subscribing 
to the test facility is optional.
    Additionally, the Exchange does not believe that the move to 
Carteret and imposition of connectivity fees to the NTF creates an 
undue burden on competition because the Exchange will continue to offer 
Options Participants certain limited testing capabilities free of 
charge at Carteret through VPN.

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.

[[Page 66949]]

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

    The foregoing rule change has become effective pursuant to Section 
19(b)(3)(A)(ii) of the Act.\10\
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    \10\ 15 U.S.C. 78s(b)(3)(A)(ii).
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    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is: (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 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-2015-117 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-2015-117. 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-2015-117, and should 
be submitted on or before November 20, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-27650 Filed 10-29-15; 8:45 am]
BILLING CODE 8011-01-P



                                                                             Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Notices                                                 66947

                                              principal office and on its Internet Web                at http://nasdaq.cchwallstreet.com, at                 effort to improve the utility of the NTF,
                                              site at www.nyse.com. All comments                      the principal office of the Exchange, and              Nasdaq is developing a test environment
                                              received will be posted without change;                 at the Commission’s Public Reference                   located in Carteret that will provide the
                                              the Commission does not edit personal                   Room.                                                  same functionality as the testing
                                              identifying information from                                                                                   functionality of Ashburn, yet more
                                                                                                      II. Self-Regulatory Organization’s
                                              submissions. You should submit only                                                                            closely approximate the live trading
                                                                                                      Statement of the Purpose of, and
                                              information that you wish to make                                                                              environment due to its proximity to the
                                                                                                      Statutory Basis for, the Proposed Rule
                                              available publicly. All submissions                                                                            System and upgraded hardware. In
                                                                                                      Change
                                              should refer to File Number SR–                                                                                particular, the Carteret test environment
                                              NYSEMKT–2015–70 and should be                              In its filing with the Commission, the              will take advantage of technology
                                              submitted on or before November 20,                     Exchange included statements                           upgrades Nasdaq is making to its
                                              2015.                                                   concerning the purpose of and basis for                trading-related systems. Unlike the
                                                                                                      the proposed rule change and discussed                 Ashburn test environment, the Carteret
                                                For the Commission, by the Division of
                                              Trading and Markets, pursuant to delegated              any comments it received on the                        test environment will provide dedicated
                                              authority.17                                            proposed rule change. The text of these                connectivity to the facility via a cross-
                                              Robert W. Errett,                                       statements may be examined at the                      connection to either a member firm’s
                                                                                                      places specified in Item IV below. The                 direct connection router in Carteret or
                                              Deputy Secretary.
                                                                                                      Exchange has prepared summaries, set                   its co-location cabinet.
                                              [FR Doc. 2015–27655 Filed 10–29–15; 8:45 am]
                                                                                                      forth in sections A, B, and C below, of
                                              BILLING CODE 8011–01–P
                                                                                                      the most significant aspects of such                      Nasdaq notes that, because the
                                                                                                      statements.                                            Carteret facility also houses the System,
                                                                                                                                                             subscribers to the Carteret test
                                              SECURITIES AND EXCHANGE                                 A. Self-Regulatory Organization’s                      environment will no longer need to pay
                                              COMMISSION                                              Statement of the Purpose of, and                       for third party connectivity to Ashburn,4
                                                                                                      Statutory Basis for, the Proposed Rule                 provided the sole purpose for
                                              [Release No. 34–76259; File No. SR–
                                              NASDAQ–2015–117]                                        Change                                                 connecting to Ashburn is for testing and
                                                                                                      1. Purpose                                             not also for co-location or disaster
                                              Self-Regulatory Organizations; The                                                                             recovery. Such member firms may use
                                              NASDAQ Stock Market LLC; Notice of                         Nasdaq proposes to amend its Options                an existing connection to Carteret to
                                              Filing and Immediate Effectiveness of                   Pricing at Chapter XV to adopt a new                   access the NTF through the use of a
                                              Proposed Rule Change to Options                         Section 13, entitled ‘‘Testing Facilities’’            dedicated switch port and cross connect
                                              Testing Facility                                        to establish fees to subscribe for testing.            within the facility. Similar to the
                                                                                                      Currently, Options Participants may test               equities test facility,5 the Exchange will
                                              October 26, 2015.                                       in a virtual trading environment for                   assess a fee for the connection to this
                                                 Pursuant to Section 19(b)(1) of the                  purposes of testing in Ashburn, Virginia
                                                                                                                                                             virtual trading environment for testing.
                                              Securities Exchange Act of 1934                         (‘‘Ashburn’’), at no cost. The NTF
                                                                                                                                                             Specifically, Nasdaq proposes a $1,000
                                              (‘‘Act’’),1 and Rule 19b–4 thereunder,2                 provides subscribers a virtual System
                                                                                                                                                             per hand-off, per month fee for
                                              notice is hereby given that, on October                 environment for testing upcoming
                                                                                                                                                             connection to the Testing Facility. The
                                              16, 2015, The NASDAQ Stock Market                       Nasdaq releases and product
                                                                                                                                                             hand-off fee includes either a 1Gb or
                                              LLC (‘‘Nasdaq’’ or ‘‘Exchange’’) filed                  enhancements, as well as testing firm
                                                                                                                                                             10Gb switch port and a cross connect to
                                              with the Securities and Exchange                        software prior to implementation. The
                                                                                                                                                             the Testing Facility. Subscribers shall
                                              Commission (‘‘Commission’’) the                         test environment closely approximates
                                                                                                                                                             also pay a one-time installation fee of
                                              proposed rule change as described in                    the production environment to enable
                                                                                                                                                             $1,000 per hand-off.
                                              Items I, II, and III below, which Items                 subscribers to test their automated
                                              have been prepared by the Exchange.                     systems that integrate with the                           The connectivity provided under this
                                              The Commission is publishing this                       Exchange.                                              rule also provides connectivity to the
                                              notice to solicit comments on the                          The Exchange is moving the options                  other test environments of NASDAQ
                                              proposed rule change from interested                    test environment from the Ashburn                      OMX PHLX LLC and NASDAQ OMX
                                              persons.                                                location to Carteret, NJ (‘‘Carteret’’),               BX, Inc. Additionally, the connectivity
                                                                                                      which is also the location of Nasdaq’s                 may be utilized for either equities or
                                              I. Self-Regulatory Organization’s                       primary trading System. While Options                  options testing. If for example a Phlx
                                              Statement of the Terms of the Substance                 Participants will be able to continue to               [sic] member has already paid the
                                              of the Proposed Rule Change                             utilize the Ashburn facility at no cost                $1,000 per hand-off, per month for
                                                 The Exchange proposes to amend its                   until that facility is no longer in use,               connection to the Testing Facility in
                                              Options Pricing at Chapter XV to adopt                  Options Participants will be able to                   Carteret, there would be no need to pay
                                              a new Section 13, entitled ‘‘Testing                    subscribe to the Carteret test facility for            this fee for options testing.
                                              Facilities’’ which describes fees in                    future testing.3                                          Notwithstanding the foregoing,
                                              connection with the use of the Testing                     The relatively large distance between               Nasdaq will also continue to offer
                                              Facility (‘‘NTF’’) test environment                     the Ashburn Testing Facility and the                   certain limited testing capabilities free
                                              located in Carteret, New Jersey.                        majority of Nasdaq firms results in                    of charge at Carteret. Options
                                                 While the changes proposed herein                    expensive connectivity costs for                       Participants that connect to Cartert’s
                                              are effective upon filing, the Exchange                 customers that connect via                             [sic] NTF through a virtual private
                                              has designated that the amendments be                   telecommunication providers. As a                      network (‘‘VPN’’) through the internet
tkelley on DSK3SPTVN1PROD with NOTICES




                                              operative on October 26, 2015.                          consequence, a large majority of                       for site-to-site limited order routing
                                                 The text of the proposed rule change                 member firms do not connect to
                                              is available on the Exchange’s Web site                 Ashburn for NTF connectivity. In an                      4 Today, member firms pay fees to third party

                                                                                                                                                             connectivity providers to provide connection from
                                                17 17 CFR 200.30–3(a)(12).                              3 The Exchange anticipates that it will sunset the   the member firm to Ashburn.
                                                1 15 U.S.C. 78s(b)(1).                                Ashburn trading testing functionality on January 29,     5 See Nasdaq Rule 7030, concerning equities
                                                2 17 CFR 240.19b–4.                                   2016.                                                  pricing.



                                         VerDate Sep<11>2014   17:37 Oct 29, 2015   Jkt 238001   PO 00000   Frm 00082   Fmt 4703   Sfmt 4703   E:\FR\FM\30OCN1.SGM   30OCN1


                                              66948                          Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Notices

                                              capability only will not be assessed a                   what they use in the live trading                      reducing the likelihood of a potentially
                                              fee.                                                     environment, hence furthering the goal                 disruptive system failure in the live
                                                                                                       of creating a test environment that                    trading environment, which has the
                                              2. Statutory Basis
                                                                                                       closely mirrors the live trading                       potential to affect all market
                                                 The Exchange believes that its                        environment.                                           participants.
                                              proposal is consistent with Section 6(b)                    Further, the connectivity provided                     Finally, the Exchange will continue to
                                              of the Act 6 in general, and with                        under this rule also provides                          offer Options Participants certain
                                              Sections 6(b)(4) and 6(b)(5) of the Act,7                connectivity to the other test                         limited testing capabilities free of charge
                                              in particular. Nasdaq believes the                       environments of NASDAQ OMX PHLX                        at Carteret through VPN. While this
                                              proposal is consistent with Section                      LLC and NASDAQ OMX BX, Inc. This                       feature offers limited capability in terms
                                              6(b)(4) of the Act 8 in that it provides for             connectivity may be utilized for either                of functionality, the Exchange continues
                                              the equitable allocation of reasonable                   equities or options testing. If for                    to offer a free of charge alternative to
                                              dues, fees and other charges among                       example a Nasdaq member has already                    Options Participants desiring to utilize
                                              members and issuers and other persons                    paid the $1,000 per hand-off, per month                the NTF.
                                              using any facility or system which the                   for connection to the Testing Facility in
                                              Exchange operates or controls.                                                                                  B. Self-Regulatory Organization’s
                                                                                                       Carteret, there would be no need to pay
                                                 The proposed fees are equitably                                                                              Statement on Burden on Competition
                                                                                                       this fee for options testing.
                                              allocated because all Options                               The Exchange also believes the                         Nasdaq does not believe that the
                                              Participants desiring to connect to the                  proposal furthers the objectives of                    proposed rule change will result in any
                                              Carteret test environment will be                        Section 6(b)(5) of the Act 9 in that it is             intra-market or inter-market burdens on
                                              assessed a uniform fee for those                         designed to promote just and equitable                 competition that are not necessary or
                                              services. The Exchange believes that                     principles of trade, to remove                         appropriate in furtherance of the
                                              offering subscribers the option to                       impediments to and perfect the                         purposes of the Act, as amended. The
                                              subscribe to either 1Gb or 10Gb for the                  mechanism of a free and open market                    proposed fees for access to the Carteret
                                              same fee is an equitable allocation                      and a national market system, and, in                  test environment more closely
                                              because, unlike the live trading                         general to protect investors and the                   approximate the live trading
                                              environment, there is no competitive                     public interest and is not designed to                 environment, subscribing member firms
                                              advantage to possessing a higher                         permit unfair discrimination between                   will be able to more accurately test their
                                              capacity switch port in the test                         customer, issuers, brokers and dealers.                trading systems and avoid potentially
                                              environment. The test environment is                     Nasdaq does not believe that the                       disruptive system failures in the live
                                              designed to closely mirror the live                      proposed fees are unfairly                             trading environment. Despite the fee
                                              trading environment for Options                          discriminatory to subscribers to 10Gb                  that will now be assessed to Options
                                              Participants, including matching the                     live trading environment connectivity                  Participants for testing, the Exchange
                                              capacity of each Options Participant’s                   because, unlike the live trading                       believes that Options Participants
                                              live environment switch port. In the                     environment where the capacity of                      utilizing this service will benefit from
                                              absence of any competitive advantage,                    connectivity to Nasdaq may confer a                    the move to Carteret because the test
                                              charging a uniform fee for both 1Gb and                  competitive advantage to a market                      environment is designed to closely
                                              10Gb switch ports is an equitable                        participant and therefore price                        mirror the live trading environment for
                                              allocation of fees. Nasdaq believes that                 differentiation is appropriate for the                 Options Participants, including
                                              charging a uniform fee will encourage                    benefit conferred, there is no such                    matching the capacity of each Options
                                              member firms to subscribe to Carteret,                   benefit conferred in the trade test                    Participant’s live environment switch
                                              and further encourage those that                         environment. Nasdaq does not believe                   port. Subscribing to the test facility is
                                              subscribe to use the same hardware as                    that the proposed fees are unfairly                    optional.
                                              is used by them for connectivity to the                  discriminatory among subscribers to the                   Also, the connectivity provided under
                                              live trading environment.                                Carteret test facility because all Options             this rule also provides connectivity to
                                                 The proposed fees are reasonable                      Participants that subscribe to the service             the other test environments of NASDAQ
                                              because they are designed to cover the                   will be assessed the same fees. Because                OMX PHLX LLC and NASDAQ OMX
                                              costs incurred by the Exchange to                        the proposed fees do not discriminate                  BX, Inc. Members that are already
                                              develop the test facility and the costs                  between 1Gb and 10Gb connectivity                      connected for equities testing would not
                                              incurred by the Exchange to continue to                  options, Options Participants are able to              incur an additional charge. This
                                              offer the test environment. The                          subscribe to Carteret without regard to                connectivity may be utilized for either
                                              proposed fee should allow the Exchange                   the cost of their switch port capacity                 equities or options testing. Finally,
                                              to recoup these costs and also make a                    election. Nasdaq believes that by not                  subscribing to the test facility is
                                              profit, while providing Options                          discriminating on this basis it will                   optional.
                                              Participants with a superior test                        encourage participants to connect to the                  Additionally, the Exchange does not
                                              environment that more closely mirrors                    Carteret test environment in the same                  believe that the move to Carteret and
                                              that of the live trading environment on                  manner as they do to the live trading                  imposition of connectivity fees to the
                                              the Exchange. Nasdaq believes that                       environment, and thereby help Carteret                 NTF creates an undue burden on
                                              offering both 1Gb and 10Gb connectivity                  more closely mirror the live test                      competition because the Exchange will
                                              for the same fee is reasonable as the                    environment, as discussed above.                       continue to offer Options Participants
                                              increased incremental cost it incurs by                  Providing a more useful and accurate                   certain limited testing capabilities free
                                              offering the 10Gb switch port at the                     test environment will serve to improve                 of charge at Carteret through VPN.
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                                              lower fee is outweighed by the benefit                   live trading on Nasdaq and the national
                                                                                                       market system by permitting Options                    C. Self-Regulatory Organization’s
                                              all subscribers will receive if Options                                                                         Statement on Comments on the
                                              Participants use hardware identical to                   Participants the ability to accurately test
                                                                                                       changes prior to implementing them in                  Proposed Rule Change Received From
                                                6 15                                                   the live trading environment, thereby                  Members, Participants, or Others
                                                     U.S.C. 78f(b).
                                                7 15 U.S.C. 78f(b)(4) and (5).                                                                                  No written comments were either
                                                8 15 U.S.C. 78f(b)(4).                                   9 15   U.S.C. 78f(b)(5).                             solicited or received.


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                                                                                   Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Notices                                              66949

                                              III. Date of Effectiveness of the                          Washington, DC 20549 on official                      has designated that the amendments be
                                              Proposed Rule Change and Timing for                        business days between the hours of                    operative on October 26, 2015.
                                              Commission Action                                          10:00 a.m. and 3:00 p.m. Copies of such                  The text of the proposed rule change
                                                                                                         filing also will be available for                     is available on the Exchange’s Web site
                                                 The foregoing rule change has become
                                                                                                         inspection and copying at the principal               at http://
                                              effective pursuant to Section
                                                                                                         office of the Exchange. All comments                  nasdaqomxbx.cchwallstreet.com/, at the
                                              19(b)(3)(A)(ii) of the Act.10
                                                                                                         received will be posted without change;               principal office of the Exchange, and at
                                                 At any time within 60 days of the
                                                                                                         the Commission does not edit personal                 the Commission’s Public Reference
                                              filing of the proposed rule change, the                                                                          Room.
                                              Commission summarily may                                   identifying information from
                                              temporarily suspend such rule change if                    submissions. You should submit only                   II. Self-Regulatory Organization’s
                                              it appears to the Commission that such                     information that you wish to make                     Statement of the Purpose of, and
                                              action is: (i) Necessary or appropriate in                 available publicly. All submissions                   Statutory Basis for, the Proposed Rule
                                              the public interest; (ii) for the protection               should refer to File Number SR–                       Change
                                              of investors; or (iii) otherwise in                        NASDAQ–2015–117, and should be
                                                                                                         submitted on or before November 20,                      In its filing with the Commission, the
                                              furtherance of the purposes of the Act.                                                                          Exchange included statements
                                              If the Commission takes such action, the                   2015.
                                                                                                                                                               concerning the purpose of and basis for
                                              Commission shall institute proceedings                       For the Commission, by the Division of              the proposed rule change and discussed
                                              to determine whether the proposed rule                     Trading and Markets, pursuant to delegated            any comments it received on the
                                              should be approved or disapproved.                         authority.11
                                                                                                                                                               proposed rule change. The text of these
                                                                                                         Robert W. Errett,                                     statements may be examined at the
                                              IV. Solicitation of Comments                               Deputy Secretary.                                     places specified in Item IV below. The
                                                Interested persons are invited to                        [FR Doc. 2015–27650 Filed 10–29–15; 8:45 am]          Exchange has prepared summaries, set
                                              submit written data, views, and                            BILLING CODE 8011–01–P                                forth in sections A, B, and C below, of
                                              arguments concerning the foregoing,                                                                              the most significant aspects of such
                                              including whether the proposed rule                                                                              statements.
                                              change is consistent with the Act.                         SECURITIES AND EXCHANGE
                                              Comments may be submitted by any of                        COMMISSION                                            A. Self-Regulatory Organization’s
                                              the following methods:                                                                                           Statement of the Purpose of, and
                                                                                                         [Release No. 34–76258; File No. SR–BX–                Statutory Basis for, the Proposed Rule
                                              Electronic Comments                                        2015–059]                                             Change
                                                • Use the Commission’s Internet                                                                                1. Purpose
                                                                                                         Self-Regulatory Organizations;
                                              comment form (http://www.sec.gov/
                                                                                                         NASDAQ OMX BX, Inc.; Notice of Filing                    BX proposes to amend its Options
                                              rules/sro.shtml); or
                                                                                                         and Immediate Effectiveness of                        Pricing at Chapter XV to adopt a new
                                                • Send an email to rule-comments@
                                                                                                         Proposed Rule Change to Options                       Section 9, entitled ‘‘Testing Facilities’’
                                              sec.gov. Please include File Number SR–
                                                                                                         Testing Facility                                      to establish fees to subscribe for testing.
                                              NASDAQ–2015–117 on the subject line.
                                                                                                                                                               Currently, Options Participants may test
                                              Paper Comments                                             October 26, 2015.
                                                                                                                                                               in a virtual trading environment for
                                                                                                            Pursuant to Section 19(b)(1) of the                purposes of testing in Ashburn, Virginia
                                                 • Send paper comments in triplicate                     Securities Exchange Act of 1934
                                              to Brent J. Fields, Secretary, Securities                                                                        (‘‘Ashburn’’), at no cost. The NTF
                                                                                                         (‘‘Act’’),1 and Rule 19b–4 thereunder,2               provides subscribers a virtual System
                                              and Exchange Commission, 100 F Street                      notice is hereby given that, on October
                                              NE., Washington, DC 20549–1090.                                                                                  environment for testing upcoming BX
                                                                                                         16, 2015, NASDAQ OMX BX, Inc. (‘‘BX’’                 releases and product enhancements, as
                                              All submissions should refer to File                       or ‘‘Exchange’’) filed with the Securities            well as testing firm software prior to
                                              Number SR–NASDAQ–2015–117. This                            and Exchange Commission                               implementation. The test environment
                                              file number should be included on the                      (‘‘Commission’’) the proposed rule                    closely approximates the production
                                              subject line if email is used. To help the                 change as described in Items I, II, and               environment to enable subscribers to
                                              Commission process and review your                         III below, which Items have been                      test their automated systems that
                                              comments more efficiently, please use                      prepared by the Exchange. The                         integrate with the Exchange.
                                              only one method. The Commission will                       Commission is publishing this notice to                  The Exchange is moving the options
                                              post all comments on the Commission’s                      solicit comments on the proposed rule                 test environment from the Ashburn
                                              Internet Web site (http://www.sec.gov/                     change from interested persons.                       location to Carteret, NJ (‘‘Carteret’’),
                                              rules/sro.shtml). Copies of the                                                                                  which is also the location of BX’s
                                              submission, all subsequent                                 I. Self-Regulatory Organization’s
                                                                                                         Statement of the Terms of the Substance               primary trading System. While Options
                                              amendments, all written statements                                                                               Participants will be able to continue to
                                              with respect to the proposed rule                          of the Proposed Rule Change
                                                                                                                                                               utilize the Ashburn facility at no cost
                                              change that are filed with the                               The Exchange proposes to amend its                  until that facility is no longer in use,
                                              Commission, and all written                                Options Pricing at Chapter XV to adopt                Options Participants will be able to
                                              communications relating to the                             a new Section 9, entitled ‘‘Testing                   subscribe to the Carteret test facility for
                                              proposed rule change between the                           Facilities’’ which describes fees in                  future testing.3
                                              Commission and any person, other than                      connection with the use of the Testing                   The relatively large distance between
                                              those that may be withheld from the                        Facility (‘‘NTF’’) test environment                   the Ashburn Testing Facility and the
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                                              public in accordance with the                              located in Carteret, New Jersey.                      majority of BX firms results in
                                              provisions of 5 U.S.C. 552, will be                          While the changes proposed herein                   expensive connectivity costs for
                                              available for Web site viewing and                         are effective upon filing, the Exchange               customers that connect via
                                              printing in the Commission’s Public
                                              Reference Room, 100 F Street NE.,                            11 17 CFR 200.30–3(a)(12).                            3 The Exchange anticipates that it will sunset the
                                                                                                           1 15 U.S.C. 78s(b)(1).                              Ashburn trading testing functionality on January 29,
                                                10 15   U.S.C. 78s(b)(3)(A)(ii).                           2 17 CFR 240.19b–4.                                 2016.



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Document Created: 2015-12-14 15:29:38
Document Modified: 2015-12-14 15:29:38
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 66947 

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