81 FR 1266 - Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Delay of Implementation of Kill Switch
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 81, Issue 6 (January 11, 2016)
Federal Register Volume 81, Issue 6 (January 11, 2016)
| Page Range | 1266-1268 | |
| FR Document | 2016-00252 |
[Federal Register Volume 81, Number 6 (Monday, January 11, 2016)] [Notices] [Pages 1266-1268] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-00252] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-76830; File No. SR-NASDAQ-2015-163] Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Delay of Implementation of Kill Switch January 5, 2016. 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 December 23, 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 and II below, which Items have been prepared by the Exchange. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78s(b)(1). \2\ 17 CFR 240.19b-4. --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to extend the implementation timeframe for adopting 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 proposal is to extend the implementation of the timeframe to adopt a new risk protection, a Kill Switch, applicable to all NOM Participants. In its rule change adopting this new risk protection in Chapter VI, Section 6, the Exchange stated, ``The Exchange proposes to implement this rule within ninety (90) days of the implementation date.'' \3\ The Exchange stated that it will issue an Options Trader Alert in advance to inform market participants of such date. At this time, the Exchange desires to extend the implementation of this rule change to 120 days from the operative date. The Exchange will announce the date of implementation by issuing an Options Trader Alert. --------------------------------------------------------------------------- \3\ See Securities Exchange Act Release No. 75743 (August 20, 2015), 80 FR 51850 (August 26, 2015) (SR-NASDAQ-2015-096). --------------------------------------------------------------------------- By way of background, the Kill Switch will allow NOM Participants to remove quotes and cancel open orders and prevent new order submission. The NASDAQ Options Kill Switch will be an optional tool that enables [[Page 1267]] Participants to initiate a message(s) \4\ 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),\5\ which are provided by such Participant to the Exchange.\6\ 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. --------------------------------------------------------------------------- \4\ 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. \5\ 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. \6\ Orders submitted by NOM Market Makers over Ouch to Trade Options (OTTO) interface will be treated as quotes for purposes of this rule. --------------------------------------------------------------------------- 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). 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\ 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). 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). 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.\8\ 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. --------------------------------------------------------------------------- \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. \8\ The NOM Participant must directly and verbally contact the Exchange to request the re-set. --------------------------------------------------------------------------- 2. Statutory Basis The Exchange believes that its proposal is consistent with Section 6(b) of the Act \9\ in general, and furthers the objectives of Section 6(b)(5) of the Act \10\ 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 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. --------------------------------------------------------------------------- \9\ 15 U.S.C. 78f(b). \10\ 15 U.S.C. 78f(b)(5). --------------------------------------------------------------------------- The delay of the implementation of NOM Rules at Chapter VI, Section 6 will permit the Exchange an additional thirty days within which to implement this risk protection that will be utilized by NOM Participants. 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. The delay of the implementation of NOM Rules at Chapter VII, Section 6(f) will permit the Exchange additional time to implement this risk protection that will be utilized by NOM Participants. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others No written comments were either solicited or received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the proposed rule change does not (i) significantly affect the protection of investors or the public interest; (ii) impose any significant burden on competition; and (iii) become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate if consistent with the protection of investors and the public interest, the proposed rule change has become effective pursuant to Section 19(b)(3)(A) of the Act \11\ and Rule 19b-4(f)(6) thereunder.\12\ --------------------------------------------------------------------------- \11\ 15 U.S.C. 78s(b)(3)(A). \12\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6) requires a self-regulatory organization to give the Commission written notice of its intent to file the proposed rule change at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission. The Exchange has satisfied this requirement. --------------------------------------------------------------------------- Nasdaq requested that the Commission waive the 30-day operative delay. The Commission believes that waiving the 30-day operative delay is consistent with the protection of investors and the public interest, because the extension will provide the Exchange with the additional time it requires to implement the Kill Switch program. The Commission further notes that Nasdaq's proposal to adopt the Kill Switch \13\ was approved by the Commission \14\ and that the extension of the implementation period does not affect the parameters of the Kill Switch program. For these reasons, the Commission designates the proposed rule change to be operative upon filing.\15\ --------------------------------------------------------------------------- \13\ See note 3. \14\ See Securities Exchange Act Release No. 76123 (Oct. 9, 2015), 80 FR 62591 (Oct. 16, 2015) (SR-NASDAQ-2015-096). \15\ For purposes only of waiving the 30-day operative delay, the Commission has also considered the proposed rule's impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f). --------------------------------------------------------------------------- [[Page 1268]] At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission shall institute proceedings to determine whether the proposed rule should be approved or disapproved. IV. Solicitation of Comments Interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic CommentsUse the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or Send an email to [email protected]. Please include File Number SR-NASDAQ-2015-163 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-2015-163. 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. All submissions should refer to File Number SR-NASDAQ-2015-163 and should be submitted on or before February 1, 2016. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\16\ --------------------------------------------------------------------------- \16\ 17 CFR 200.30-3(a)(12) and (59). --------------------------------------------------------------------------- Robert W. Errett, Deputy Secretary. [FR Doc. 2016-00252 Filed 1-8-16; 8:45 am] BILLING CODE 8011-01-P
![1266 Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Notices
4(f)(6) thereunder.16 The Exchange subject line if email is used. To help the The Commission is publishing this
provided the Commission with written Commission process and review your notice to solicit comments on the
notice of its intent to file the proposed comments more efficiently, please use proposed rule change from interested
rule change, along with a brief only one method. The Commission will persons.
description and text of the proposed post all comments on the Commissions
I. Self-Regulatory Organization’s
rule change, at least five business days Internet Web site (http://www.sec.gov/
Statement of the Terms of Substance of
prior to the date of filing the proposed rules/sro.shtml). Copies of the
the Proposed Rule Change
rule change, or such shorter time as submission, all subsequent
designated by the Commission, as amendments, all written statements The Exchange proposes to extend the
required by Rule 19b–4(f)(6). with respect to the proposed rule implementation timeframe for adopting
The Exchange has requested that the change that are filed with the an optional Kill Switch protection.
Commission waive the thirty-day Commission, and all written The text of the proposed rule change
operative delay so that the proposal may communications relating to the is available on the Exchange’s Web site
become operative as of January 4, 2016. proposed rule change between the at http://nasdaq.cchwallstreet.com, at
The Commission believes that waiving Commission and any person, other than the principal office of the Exchange, and
the thirty day delay is consistent with those that may be withheld from the at the Commission’s Public Reference
the protection of investors and the public in accordance with the Room.
public interest, as it will enable the provisions of 5 U.S.C. 552, will be II. Self-Regulatory Organization’s
Exchange to have the new requirements available for Web site viewing and Statement of the Purpose of, and
in effect at the same time as the other printing in the Commission’s Public Statutory Basis for, the Proposed Rule
SROs. Therefore, the Commission Reference Room. Copies of such filing Change
hereby waives the thirty-day operative also will be available for inspection and
delay and designates the proposal copying at the principal office of the In its filing with the Commission, the
operative as of January 4, 2016.17 ISE. All comments received will be Exchange included statements
At any time within 60 days of the posted without change; the Commission concerning the purpose of and basis for
filing of such proposed rule change, the does not edit personal identifying the proposed rule change and discussed
Commission summarily may information from submissions. You any comments it received on the
temporarily suspend such rule change if should submit only information that proposed rule change. The text of these
it appears to the Commission that such you wish to make available publicly. All statements may be examined at the
action is necessary or appropriate in the submissions should refer to File places specified in Item IV below. The
public interest, for the protection of Number SR–ISE Gemini-2015–28 and Exchange has prepared summaries, set
investors, or otherwise in furtherance of should be submitted by February 1, forth in sections A, B, and C below, of
the purposes of the Act. If the 2016. the most significant aspects of such
Commission takes such action, the statements.
For the Commission, by the Division of
Commission shall institute proceedings Trading and Markets, pursuant to delegated A. Self-Regulatory Organization’s
to determine whether the proposed rule authority.18 Statement of the Purpose of, and
should be approved or disapproved. Robert W. Errett, Statutory Basis for, the Proposed Rule
IV. Solicitation of Comments Deputy Secretary. Change
Interested persons are invited to [FR Doc. 2016–00247 Filed 1–8–16; 8:45 am]
1. Purpose
submit written data, views, and BILLING CODE 8011–01–P
The purpose of the proposal is to
arguments concerning the foregoing, extend the implementation of the
including whether the proposed rule timeframe to adopt a new risk
change is consistent with the Act. SECURITIES AND EXCHANGE
COMMISSION protection, a Kill Switch, applicable to
Comments may be submitted by any of all NOM Participants. In its rule change
the following methods: [Release No. 34–76830; File No. SR–
adopting this new risk protection in
NASDAQ–2015–163]
Electronic Comments Chapter VI, Section 6, the Exchange
• Use the Commission’s Internet Self-Regulatory Organizations; The stated, ‘‘The Exchange proposes to
comment form http://www.sec.gov/ NASDAQ Stock Market LLC; Notice of implement this rule within ninety (90)
rules/sro.shtml; or Filing and Immediate Effectiveness of days of the implementation date.’’ 3 The
• Send an Email to rule- Proposed Rule Change To Delay of Exchange stated that it will issue an
comments@sec.gov. Please include File Implementation of Kill Switch Options Trader Alert in advance to
No. SR–ISE Gemini–2015–28 on the inform market participants of such date.
January 5, 2016. At this time, the Exchange desires to
subject line.
Pursuant to Section 19(b)(1) of the extend the implementation of this rule
Paper Comments Securities Exchange Act of 1934 change to 120 days from the operative
• Send paper comments in triplicate (‘‘Act’’),1 and Rule 19b–4 thereunder,2 date. The Exchange will announce the
to Brent J. Fields, Secretary, Securities notice is hereby given that, on December date of implementation by issuing an
and Exchange Commission, 100 F Street 23, 2015, The NASDAQ Stock Market Options Trader Alert.
NE., Washington, DC 20549–1090. LLC (‘‘Nasdaq’’ or ‘‘Exchange’’) filed By way of background, the Kill
with the Securities and Exchange Switch will allow NOM Participants to
All submissions should refer to File
ebenthall on DSK6SPTVN1PROD with NOTICES
Commission (‘‘SEC’’ or ‘‘Commission’’) remove quotes and cancel open orders
Number SR–ISE Gemini–2015–28. This
the proposed rule change as described and prevent new order submission. The
file number should be included on the
in Items I and II below, which Items NASDAQ Options Kill Switch will be
16 17 CFR 240.19b–4(f)(6).
have been prepared by the Exchange. an optional tool that enables
17 For purposes of waiving the 30-day operative
18 17 CFR 200.30–3(a)(12).
delay, the Commission has considered the proposed 3 See Securities Exchange Act Release No. 75743
1 15 U.S.C. 78s(b)(1).
rule’s impact on efficiency, competition, and capital (August 20, 2015), 80 FR 51850 (August 26, 2015)
formation. See 15 U.S.C. 78c(f). 2 17 CFR 240.19b–4. (SR–NASDAQ–2015–096).
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![1268 Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Notices
At any time within 60 days of the office of the Exchange. All comments II. Self-Regulatory Organization’s
filing of the proposed rule change, the received will be posted without change; Statement of the Purpose of, and
Commission summarily may the Commission does not edit personal Statutory Basis for, the Proposed Rule
temporarily suspend such rule change if identifying information from Change
it appears to the Commission that such submissions. You should submit only In its filing with the Commission, the
action is necessary or appropriate in the information that you wish to make Exchange included statements
public interest, for the protection of available publicly. All submissions concerning the purpose of and basis for
investors, or otherwise in furtherance of should refer to File Number SR– the proposed rule change and discussed
the purposes of the Act. If the NASDAQ–2015–163 and should be any comments it received on the
Commission takes such action, the submitted on or before February 1, 2016. proposed rule change. The text of these
Commission shall institute proceedings For the Commission, by the Division of statements may be examined at the
to determine whether the proposed rule Trading and Markets, pursuant to delegated places specified in Item IV below. The
should be approved or disapproved. authority.16 Exchange has prepared summaries, set
IV. Solicitation of Comments Robert W. Errett, forth in sections A, B, and C below, of
the most significant aspects of such
Interested persons are invited to Deputy Secretary.
statements.
submit written data, views and [FR Doc. 2016–00252 Filed 1–8–16; 8:45 am]
arguments concerning the foregoing, BILLING CODE 8011–01–P A. Self-Regulatory Organization’s
including whether the proposed rule Statement of the Purpose of, and
change is consistent with the Act. Statutory Basis for, the Proposed Rule
Comments may be submitted by any of SECURITIES AND EXCHANGE Change
the following methods: COMMISSION 1. Purpose
Electronic Comments The purpose of the proposed rule
[Release No. 34–76828; File No. SR–CBOE–
• Use the Commission’s Internet change is to amend fees for the BBO
2015–115] Data Feed and Book Depth Data Feed.
comment form (http://www.sec.gov/
rules/sro.shtml); or These data feeds are made available by
Self-Regulatory Organizations;
• Send an email to rule- Chicago Board Options Exchange,
CBOE’s affiliate Market Data Express,
comments@sec.gov. Please include File LLC (‘‘MDX’’).3
Incorporated; Notice of Filing and
Number SR–NASDAQ–2015–163 on the Immediate Effectiveness of a Proposed BBO and Book Depth Data Feeds
subject line. Rule Change Relating to Fees for BBO Data Feed: The BBO Data Feed
Paper Comments Certain CBOE Real-Time Data Feeds is a real-time, low latency data feed that
• Send paper comments in triplicate January 5, 2016.
includes the following content: (i)
to Secretary, Securities and Exchange Outstanding quotes and standing orders
Commission, 100 F Street NE., Pursuant to Section 19(b)(1) of the at the best available price level on each
Washington, DC 20549–1090. Securities Exchange Act of 1934 side of the market, with aggregate size
All submissions should refer to File (‘‘Act’’),1 and Rule 19b–4 thereunder,2 (‘‘BBO data’’), and last sale data; 4 (ii)
Number SR–NASDAQ–2015–163. This notice is hereby given that, on December totals of customer versus non-customer
file number should be included on the 22, 2015, Chicago Board Options contracts at the BBO, (iii) All-or-None
subject line if email is used. To help the Exchange, Incorporated (the ‘‘Exchange’’ contingency orders priced better than or
Commission process and review your or ‘‘CBOE’’) filed with the Securities equal to the BBO, (iv) BBO and last sale
comments more efficiently, please use and Exchange Commission data for complex strategies (e.g.,
only one method. The Commission will (‘‘Commission’’) the proposed rule spreads, straddles, buy-writes, etc.); (v)
post all comments on the Commission’s change as described in Items I, II, and expected opening price (‘‘EOP’’) and
Internet Web site (http://www.sec.gov/ III below, which Items have been expected opening size (‘‘EOS’’)
rules/sro.shtml). Copies of the prepared by the Exchange. The information that is disseminated prior to
submission, all subsequent Commission is publishing this notice to the opening of the market and during
amendments, all written statements solicit comments on the proposed rule trading rotations, (vi) end-of-day
with respect to the proposed rule change from interested persons. (‘‘EOD’’) summary messages that are
disseminated after the close of a trading
change that are filed with the I. Self-Regulatory Organization’s session that include summary
Commission, and all written Statement of the Terms of Substance of
communications relating to the the Proposed Rule Change 3 MDX also offers real-time Complex Order Book
proposed rule change between the (‘‘COB’’) and Flexible Exchange (‘‘FLEX’’) Options
Commission and any person, other than Chicago Board Options Exchange, Data Feeds. The COB Data Feed includes data
those that may be withheld from the Incorporated (the ‘‘Exchange’’ or regarding the Exchange’s Complex Order Book and
‘‘CBOE’’) proposes to amend fees for related complex order information. The COB Data
public in accordance with the Feed includes BBO, Book Depth and last sale data
provisions of 5 U.S.C. 552, will be certain CBOE real-time data feeds. The for all CBOE-traded complex order strategies and
available for Web site viewing and text of the proposed rule change is identifies customer orders and trades. The
printing in the Commission’s Public available on the Exchange’s Web site Exchange is not proposing to amend fees for the
(http://www.cboe.com/AboutCBOE/ COB Data Feed at this time. The FLEX Options Data
Reference Room, 100 F Street NE., Feed includes BBO and last sale data for FLEX
CBOELegalRegulatoryHome.aspx), at
ebenthall on DSK6SPTVN1PROD with NOTICES
Washington, DC 20549, on official options traded on the CBOE FLEX Hybrid Trading
business days between the hours of the Exchange’s Office of the Secretary, System, including BBO and last sale data for FLEX
10:00 a.m. and 3:00 p.m. Copies of the and at the Commission’s Public complex strategies. The FLEX Options Data Feed is
Reference Room. currently made available at no charge. The
filing also will be available for Exchange is not proposing to establish fees for the
inspection and copying at the principal FLEX Options Data Feed at this time.
16 17 CFR 200.30–3(a)(12) and (59). 4 ‘‘Best bid and offer’’ or ‘‘BBO’’ data is sometimes
1 15 U.S.C. 78s(b)(1).
efficiency, competition, and capital formation. See referred to as ‘‘top-of-book’’ data. Data with respect
15 U.S.C. 78c(f). 2 17 CFR 240.19b–4. to executed trades is referred to as ‘‘last sale’’ data.
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Document Created: 2016-01-16 01:04:30
Document Modified: 2016-01-16 01:04:30
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 81 FR 1266 |
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