81_FR_30457 81 FR 30363 - Self-Regulatory Organizations; NASDAQ BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Modify the Maximum Number of Times an Order on BX May Be Updated Before the System Cancels the Order

81 FR 30363 - Self-Regulatory Organizations; NASDAQ BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Modify the Maximum Number of Times an Order on BX May Be Updated Before the System Cancels the Order

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 94 (May 16, 2016)

Page Range30363-30365
FR Document2016-11410

Federal Register, Volume 81 Issue 94 (Monday, May 16, 2016)
[Federal Register Volume 81, Number 94 (Monday, May 16, 2016)]
[Notices]
[Pages 30363-30365]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-11410]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77799; File No. SR-BX-2016-024]


Self-Regulatory Organizations; NASDAQ BX, Inc.; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Modify the 
Maximum Number of Times an Order on BX May Be Updated Before the System 
Cancels the Order

May 10, 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 April 29, 2016, NASDAQ BX, Inc. (``BX'' or ``Exchange'') filed with 
the Securities and Exchange Commission (``SEC'' or ``Commission'') the 
proposed rule change as described in Items I, II, and III, below, which 
Items have been prepared by the Exchange. The Commission is publishing 
this notice to

[[Page 30364]]

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 modify the maximum number of times an 
Order on the Exchange may be updated before the System cancels the 
Order.
    The text of the proposed rule change is available on the Exchange's 
Web site at http://nasdaqomxbx.cchwallstreet.com/, at the principal 
office of the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
Background
    The Exchange will cancel an Order if it is updated a certain number 
of times during any given day. Pursuant to Rule 4702(a), an Order will 
be cancelled if it is repriced and/or reentered 10,000 times for any 
reason.\3\
---------------------------------------------------------------------------

    \3\ Orders entered through OUCH and FLITE ports generally are 
not repriced or reentered. As explained in rule 4702(b)(1)(B), 
orders entered through OUCH and FLITE may be updated for display 
once. Further, OUCH and FLITE Orders may only be decremented in 
size, which is not considered repricing or reentry of the Order. See 
http://www.nasdaqtrader.com/Trader.aspx?id=TradingSpecs for a 
description of the various order entry port specifications.
---------------------------------------------------------------------------

    Pursuant to Rule 4702(b)(7)(A), a Market Maker Peg Order will be 
canceled if it is repriced 1,000 times. Pursuant to Rule 4703(d), an 
Order with Primary Pegging will be cancelled if it is updated 1,000 
times, and an Order with Market Pegging will be cancelled if it is 
updated 10,000 times.
    The Exchange applies these limits to conserve System resources by 
limiting the persistence of Orders that update repeatedly without 
execution. These limits are applied daily to each order entered into 
the System. Orders that have a Time-in-Force \4\ that allows them to 
persist longer than a single trading day will have their count reset 
each day. For example, if an Order with a Time-in-Force of Good-till-
Canceled \5\ is repriced 9,999 times during any given day, the Order 
will not be canceled due to the number of updates. Starting the next 
day, the Order would be again allowed to reprice up to 9,999 times 
before it would be canceled by the System.
---------------------------------------------------------------------------

    \4\ The ``Time-in-Force'' assigned to an Order means the period 
of time that the System will hold the Order for potential execution. 
See Rule 4703(a).
    \5\ An Order that is designated to deactivate one year after 
entry may be referred to as a ``Good-till-Cancelled.'' See Rule 
4703(a)(3).
---------------------------------------------------------------------------

Proposed Changes
    First, the Exchange is proposing to eliminate rule text under Rules 
4702(a), 4702(b)(7)(A), and 4703(d) concerning cancellation based on 
Order updates and consolidate the concept under a new Rule 4756(a)(4).
    Second, the Exchange is proposing to no longer state the specific 
number of times a particular Order Type may be updated before it is 
canceled in the new rule and is, instead, noting that the number of 
permissible changes may vary by Order Type or Order Attribute and may 
change from time to time. Further, the proposed rule will note that the 
Exchange will post on its Web site what is considered a change for a 
particular Order Type and Order Attribute, and the current limits on 
the number of such changes.
    The Exchange is changing the process by which it counts updates, 
which will allow it to identify a wider range of updates to an Order. 
Using the new process, the Exchange will be able to track the following 
Order updates: (1) System-generated child Orders; (2) display size 
refreshes from reserve; (3) replaces of System-generated child Orders 
(which include Orders with a Pegging Attribute); and (4) cancellation 
requests of System-generated child Orders. The Exchange notes that all 
updates identified by the current process will be counted under the new 
process. The Exchange believes these changes will provide it with 
greater flexibility in addressing changes in volume, market participant 
behavior, and the Exchange's capacity to handle the message volume 
caused by Orders that update a significant number of times throughout 
the trading day.
    The Exchange will provide at least one day's advanced notice to the 
public of any changes to the number of updates permitted before an 
Order is canceled. Initially, the Exchange will keep the number of 
updates consistent with what is currently noted in the rules; however, 
the Exchange may shortly thereafter change the number of updates as 
needed to address market conditions.
    BX is also making minor technical corrections to Rule 4702(b)(7) to 
make ``(A)'' denoting subparagraph (A) under the rule not bold, and to 
insert missing spaces between words in the sixth paragraph of 
subparagraph (A) under the rule. BX is also changing the word ``they'' 
to the word ``the'' in the first full paragraph below the bulleted list 
under Rule 4703(d).
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with the provisions of section 6 of the Act,\6\ in general, and with 
section 6(b)(5) of the Act,\7\ in particular, because it is designed to 
prevent fraudulent and manipulative acts and practices, to promote just 
and equitable principles of trade, to foster cooperation and 
coordination with persons engaged in regulating, clearing, settling, 
processing information with respect to, and facilitating transactions 
in securities, to remove impediments to and perfect the mechanism of a 
free and open market and a national market system, and, in general, to 
protect investors and the public interest; and is not designed to 
permit unfair discrimination between customers, issuers, brokers, or 
dealers.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f.
    \7\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    Excessive updating of Orders places a burden on the Exchange's 
System, which, if left unchecked, could potentially affect overall 
market quality. The Exchange will continue canceling Orders that reach 
a certain number of updates but, instead of the static number of 
updates stated in the rules, the Exchange is proposing to provide the 
number of updates by Order Type or Order Attribute on its public Web 
site. Web site posting will allow the Exchange to react more quickly to 
changes in the marketplace by changing the applicable number of updates 
that will trigger cancellation of an Order. The Exchange will provide 
advanced notice to market participants of any changes to the number of 
updates applied. Thus, the proposed rule change will further promote 
the protection [sic] investors and the public interest.

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

    The Exchange does not believe that the proposed rule change will 
result in any burden on competition that is not

[[Page 30365]]

necessary or appropriate in furtherance of the purposes of the Act, as 
amended.\8\ The Exchange is proposing to make the change because it 
will allow it to better manage market quality for all market 
participants, who would be negatively impacted by issues caused by 
Orders that tax System resources due to the excessive number of 
updates.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

    These adjustments will not impact competition among market 
participants because the cancellation parameters will apply equally to 
all market participants. As is the case now, market participants that 
have an Order canceled due to the number of updates may enter a new 
replacement Order. Thus, the Exchange does not think that the proposed 
change will place a burden on competition not necessary or appropriate 
in furtherance of the Act.

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 foregoing 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, it has become 
effective pursuant to section 19(b)(3)(A)(iii) of the Act \9\ and 
subparagraph (f)(6) of Rule 19b-4 thereunder.\10\
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(a)(iii) [sic].
    \10\ 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.
---------------------------------------------------------------------------

    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-BX-2016-024 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BX-2016-024. 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-BX-2016-024 and should be 
submitted on or before June 6, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-11410 Filed 5-13-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                       Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Notices                                                       30363

                                                    remove impediments to and perfect the                      III. Date of Effectiveness of the                         rules/sro.shtml). Copies of the
                                                    mechanism of a free and open market                        Proposed Rule Change and Timing for                       submission, all subsequent
                                                    and a national market system, and, in                      Commission Action                                         amendments, all written statements
                                                    general, to protect investors and the                         Because the foregoing proposed rule                    with respect to the proposed rule
                                                    public interest; and is not designed to                    change does not: (i) Significantly affect                 change that are filed with the
                                                    permit unfair discrimination between                       the protection of investors or the public                 Commission, and all written
                                                    customers, issuers, brokers, or dealers.                   interest; (ii) impose any significant                     communications relating to the
                                                                                                               burden on competition; and (iii) become                   proposed rule change between the
                                                      Excessive updating of Orders places a                                                                              Commission and any person, other than
                                                    burden on the Exchange’s System,                           operative for 30 days from the date on
                                                                                                               which it was filed, or such shorter time                  those that may be withheld from the
                                                    which, if left unchecked, could                                                                                      public in accordance with the
                                                    potentially affect overall market quality.                 as the Commission may designate, it has
                                                                                                               become effective pursuant to Section                      provisions of 5 U.S.C. 552, will be
                                                    The Exchange will continue canceling                                                                                 available for Web site viewing and
                                                                                                               19(b)(3)(A)(iii) of the Act 9 and
                                                    Orders that reach a certain number of                                                                                printing in the Commission’s Public
                                                                                                               subparagraph (f)(6) of Rule 19b–4
                                                    updates but, instead of the static                                                                                   Reference Room, 100 F Street NE.,
                                                                                                               thereunder.10
                                                    number of updates stated in the rules,                        At any time within 60 days of the                      Washington, DC 20549, on official
                                                    the Exchange is proposing to provide                       filing of the proposed rule change, the                   business days between the hours of
                                                    the number of updates by Order Type or                     Commission summarily may                                  10:00 a.m. and 3:00 p.m. Copies of the
                                                    Order Attribute on its public Web site.                    temporarily suspend such rule change if                   filing also will be available for
                                                    Web site posting will allow the                            it appears to the Commission that such                    inspection and copying at the principal
                                                    Exchange to react more quickly to                          action is: (i) Necessary or appropriate in                office of the Exchange. All comments
                                                    changes in the marketplace by changing                                                                               received will be posted without change;
                                                                                                               the public interest; (ii) for the protection
                                                    the applicable number of updates that                                                                                the Commission does not edit personal
                                                                                                               of investors; or (iii) otherwise in
                                                    will trigger cancellation of an Order.                                                                               identifying information from
                                                                                                               furtherance of the purposes of the Act.
                                                                                                                                                                         submissions. You should submit only
                                                    The Exchange will provide advanced                         If the Commission takes such action, the
                                                                                                                                                                         information that you wish to make
                                                    notice to market participants of any                       Commission shall institute proceedings
                                                                                                                                                                         available publicly. All submissions
                                                    changes to the number of updates                           to determine whether the proposed rule
                                                                                                                                                                         should refer to File Number SR–Phlx–
                                                    applied. Thus, the proposed rule change                    should be approved or disapproved.
                                                                                                                                                                         2016–55 and should be submitted on or
                                                    will further promote the protection [sic]                  IV. Solicitation of Comments                              before June 6, 2016.
                                                    investors and the public interest.
                                                                                                                 Interested persons are invited to                         For the Commission, by the Division of
                                                    B. Self-Regulatory Organization’s                          submit written data, views and                            Trading and Markets, pursuant to delegated
                                                    Statement on Burden on Competition                         arguments concerning the foregoing,                       authority.11
                                                                                                               including whether the proposed rule                       Robert W. Errett,
                                                      The Exchange does not believe that                       change is consistent with the Act.                        Deputy Secretary.
                                                    the proposed rule change will result in                    Comments may be submitted by any of                       [FR Doc. 2016–11412 Filed 5–13–16; 8:45 am]
                                                    any burden on competition that is not                      the following methods:                                    BILLING CODE 8011–01–P
                                                    necessary or appropriate in furtherance
                                                    of the purposes of the Act, as amended.8                   Electronic Comments
                                                    The Exchange is proposing to make the                        • Use the Commission’s Internet                         SECURITIES AND EXCHANGE
                                                    change because it will allow it to better                  comment form (http://www.sec.gov/                         COMMISSION
                                                    manage market quality for all market                       rules/sro.shtml); or
                                                                                                                                                                         [Release No. 34–77799; File No. SR–BX–
                                                    participants, who would be negatively                        • Send an email to rule-comments@                       2016–024]
                                                    impacted by issues caused by Orders                        sec.gov. Please include File Number SR–
                                                    that tax System resources due to the                       Phlx–2016–55 on the subject line.                         Self-Regulatory Organizations;
                                                    excessive number of updates.                               Paper Comments                                            NASDAQ BX, Inc.; Notice of Filing and
                                                      These adjustments will not impact                                                                                  Immediate Effectiveness of Proposed
                                                                                                                 • Send paper comments in triplicate                     Rule Change To Modify the Maximum
                                                    competition among market participants                      to Secretary, Securities and Exchange                     Number of Times an Order on BX May
                                                    because the cancellation parameters will                   Commission, 100 F Street NE.,                             Be Updated Before the System
                                                    apply equally to all market participants.                  Washington, DC 20549–1090.                                Cancels the Order
                                                    As is the case now, market participants                    All submissions should refer to File
                                                    that have an Order canceled due to the                     Number SR–Phlx–2016–55. This file                         May 10, 2016.
                                                    number of updates may enter a new                          number should be included on the                             Pursuant to section 19(b)(1) of the
                                                    replacement Order. Thus, the Exchange                      subject line if email is used. To help the                Securities Exchange Act of 1934
                                                    does not think that the proposed change                    Commission process and review your                        (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                    will place a burden on competition not                     comments more efficiently, please use                     notice is hereby given that on April 29,
                                                    necessary or appropriate in furtherance                    only one method. The Commission will                      2016, NASDAQ BX, Inc. (‘‘BX’’ or
                                                    of the Act.                                                post all comments on the Commission’s                     ‘‘Exchange’’) filed with the Securities
                                                                                                               Internet Web site (http://www.sec.gov/                    and Exchange Commission (‘‘SEC’’ or
                                                    C. Self-Regulatory Organization’s
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                                                                                         ‘‘Commission’’) the proposed rule
                                                    Statement on Comments on the                                 9 15  U.S.C. 78s(b)(3)(a)(iii) [sic].                   change as described in Items I, II, and
                                                    Proposed Rule Change Received From                           10 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–      III, below, which Items have been
                                                    Members, Participants, or Others                           4(f)(6) requires a self-regulatory organization to give   prepared by the Exchange. The
                                                                                                               the Commission written notice of its intent to file       Commission is publishing this notice to
                                                      No written comments were either                          the proposed rule change at least five business days
                                                    solicited or received.                                     prior to the date of filing of the proposed rule
                                                                                                                                                                           11 17 CFR 200.30–3(a)(12).
                                                                                                               change, or such shorter time as designated by the
                                                                                                                                                                           1 15 U.S.C. 78s(b)(1).
                                                                                                               Commission. The Exchange has satisfied this
                                                      8 15   U.S.C. 78f(b)(8).                                 requirement.                                                2 17 CFR 240.19b–4.




                                               VerDate Sep<11>2014      18:48 May 13, 2016   Jkt 238001   PO 00000   Frm 00127   Fmt 4703   Sfmt 4703    E:\FR\FM\16MYN1.SGM       16MYN1


                                                    30364                           Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Notices

                                                    solicit comments on the proposed rule                   limits are applied daily to each order                  Initially, the Exchange will keep the
                                                    change from interested persons.                         entered into the System. Orders that                    number of updates consistent with what
                                                                                                            have a Time-in-Force 4 that allows them                 is currently noted in the rules; however,
                                                    I. Self-Regulatory Organization’s
                                                                                                            to persist longer than a single trading                 the Exchange may shortly thereafter
                                                    Statement of the Terms of Substance of
                                                                                                            day will have their count reset each day.               change the number of updates as needed
                                                    the Proposed Rule Change
                                                                                                            For example, if an Order with a Time-                   to address market conditions.
                                                       The Exchange proposes to modify the                  in-Force of Good-till-Canceled 5 is                        BX is also making minor technical
                                                    maximum number of times an Order on                     repriced 9,999 times during any given                   corrections to Rule 4702(b)(7) to make
                                                    the Exchange may be updated before the                  day, the Order will not be canceled due                 ‘‘(A)’’ denoting subparagraph (A) under
                                                    System cancels the Order.                               to the number of updates. Starting the                  the rule not bold, and to insert missing
                                                       The text of the proposed rule change                 next day, the Order would be again                      spaces between words in the sixth
                                                    is available on the Exchange’s Web site                 allowed to reprice up to 9,999 times                    paragraph of subparagraph (A) under
                                                    at http://                                              before it would be canceled by the                      the rule. BX is also changing the word
                                                    nasdaqomxbx.cchwallstreet.com/, at the                  System.                                                 ‘‘they’’ to the word ‘‘the’’ in the first full
                                                    principal office of the Exchange, and at                                                                        paragraph below the bulleted list under
                                                    the Commission’s Public Reference                       Proposed Changes
                                                                                                                                                                    Rule 4703(d).
                                                    Room.                                                      First, the Exchange is proposing to
                                                                                                            eliminate rule text under Rules 4702(a),                2. Statutory Basis
                                                    II. Self-Regulatory Organization’s                                                                                 The Exchange believes that the
                                                                                                            4702(b)(7)(A), and 4703(d) concerning
                                                    Statement of the Purpose of, and                        cancellation based on Order updates                     proposed rule change is consistent with
                                                    Statutory Basis for, the Proposed Rule                  and consolidate the concept under a                     the provisions of section 6 of the Act,6
                                                    Change                                                  new Rule 4756(a)(4).                                    in general, and with section 6(b)(5) of
                                                       In its filing with the Commission, the                  Second, the Exchange is proposing to                 the Act,7 in particular, because it is
                                                    Exchange included statements                            no longer state the specific number of                  designed to prevent fraudulent and
                                                    concerning the purpose of and basis for                 times a particular Order Type may be                    manipulative acts and practices, to
                                                    the proposed rule change and discussed                  updated before it is canceled in the new                promote just and equitable principles of
                                                    any comments it received on the                         rule and is, instead, noting that the                   trade, to foster cooperation and
                                                    proposed rule change. The text of these                 number of permissible changes may                       coordination with persons engaged in
                                                    statements may be examined at the                       vary by Order Type or Order Attribute                   regulating, clearing, settling, processing
                                                    places specified in Item IV below. The                  and may change from time to time.                       information with respect to, and
                                                    Exchange has prepared summaries, set                    Further, the proposed rule will note that               facilitating transactions in securities, to
                                                    forth in sections A, B, and C below, of                 the Exchange will post on its Web site                  remove impediments to and perfect the
                                                    the most significant aspects of such                    what is considered a change for a                       mechanism of a free and open market
                                                    statements.                                             particular Order Type and Order                         and a national market system, and, in
                                                                                                            Attribute, and the current limits on the                general, to protect investors and the
                                                    A. Self-Regulatory Organization’s                       number of such changes.
                                                    Statement of the Purpose of, and                                                                                public interest; and is not designed to
                                                                                                               The Exchange is changing the process                 permit unfair discrimination between
                                                    Statutory Basis for, the Proposed Rule                  by which it counts updates, which will
                                                    Change                                                                                                          customers, issuers, brokers, or dealers.
                                                                                                            allow it to identify a wider range of                      Excessive updating of Orders places a
                                                    1. Purpose                                              updates to an Order. Using the new                      burden on the Exchange’s System,
                                                                                                            process, the Exchange will be able to                   which, if left unchecked, could
                                                    Background                                              track the following Order updates: (1)                  potentially affect overall market quality.
                                                       The Exchange will cancel an Order if                 System-generated child Orders; (2)                      The Exchange will continue canceling
                                                    it is updated a certain number of times                 display size refreshes from reserve; (3)                Orders that reach a certain number of
                                                    during any given day. Pursuant to Rule                  replaces of System-generated child                      updates but, instead of the static
                                                    4702(a), an Order will be cancelled if it               Orders (which include Orders with a                     number of updates stated in the rules,
                                                    is repriced and/or reentered 10,000                     Pegging Attribute); and (4) cancellation                the Exchange is proposing to provide
                                                    times for any reason.3                                  requests of System-generated child                      the number of updates by Order Type or
                                                       Pursuant to Rule 4702(b)(7)(A), a                    Orders. The Exchange notes that all                     Order Attribute on its public Web site.
                                                    Market Maker Peg Order will be                          updates identified by the current                       Web site posting will allow the
                                                    canceled if it is repriced 1,000 times.                 process will be counted under the new                   Exchange to react more quickly to
                                                    Pursuant to Rule 4703(d), an Order with                 process. The Exchange believes these                    changes in the marketplace by changing
                                                    Primary Pegging will be cancelled if it                 changes will provide it with greater                    the applicable number of updates that
                                                    is updated 1,000 times, and an Order                    flexibility in addressing changes in                    will trigger cancellation of an Order.
                                                    with Market Pegging will be cancelled if                volume, market participant behavior,                    The Exchange will provide advanced
                                                    it is updated 10,000 times.                             and the Exchange’s capacity to handle                   notice to market participants of any
                                                       The Exchange applies these limits to                 the message volume caused by Orders                     changes to the number of updates
                                                    conserve System resources by limiting                   that update a significant number of                     applied. Thus, the proposed rule change
                                                    the persistence of Orders that update                   times throughout the trading day.                       will further promote the protection [sic]
                                                    repeatedly without execution. These                        The Exchange will provide at least                   investors and the public interest.
                                                                                                            one day’s advanced notice to the public
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                      3 Orders entered through OUCH and FLITE ports
                                                                                                            of any changes to the number of updates                 B. Self-Regulatory Organization’s
                                                    generally are not repriced or reentered. As                                                                     Statement on Burden on Competition
                                                    explained in rule 4702(b)(1)(B), orders entered
                                                                                                            permitted before an Order is canceled.
                                                    through OUCH and FLITE may be updated for                                                                         The Exchange does not believe that
                                                                                                              4 The ‘‘Time-in-Force’’ assigned to an Order
                                                    display once. Further, OUCH and FLITE Orders                                                                    the proposed rule change will result in
                                                    may only be decremented in size, which is not           means the period of time that the System will hold
                                                    considered repricing or reentry of the Order. See       the Order for potential execution. See Rule 4703(a).    any burden on competition that is not
                                                    http://www.nasdaqtrader.com/                              5 An Order that is designated to deactivate one
                                                                                                                                                                     6 15   U.S.C. 78f.
                                                    Trader.aspx?id=TradingSpecs for a description of        year after entry may be referred to as a ‘‘Good-till-
                                                    the various order entry port specifications.            Cancelled.’’ See Rule 4703(a)(3).                        7 15   U.S.C. 78f(b)(5).



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                                                                                      Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Notices                                                  30365

                                                    necessary or appropriate in furtherance                   IV. Solicitation of Comments                           For the Commission, by the Division of
                                                    of the purposes of the Act, as amended.8                                                                       Trading and Markets, pursuant to delegated
                                                    The Exchange is proposing to make the                       Interested persons are invited to                  authority.11
                                                    change because it will allow it to better                 submit written data, views and                       Robert W. Errett,
                                                    manage market quality for all market                      arguments concerning the foregoing,                  Deputy Secretary.
                                                    participants, who would be negatively                     including whether the proposed rule
                                                                                                                                                                   [FR Doc. 2016–11410 Filed 5–13–16; 8:45 am]
                                                    impacted by issues caused by Orders                       change is consistent with the Act.
                                                                                                                                                                   BILLING CODE 8011–01–P
                                                    that tax System resources due to the                      Comments may be submitted by any of
                                                    excessive number of updates.                              the following methods:
                                                      These adjustments will not impact                       Electronic Comments                                  SECURITIES AND EXCHANGE
                                                    competition among market participants                                                                          COMMISSION
                                                    because the cancellation parameters will                    • Use the Commission’s Internet
                                                    apply equally to all market participants.                 comment form (http://www.sec.gov/                    Sunshine Act Meeting
                                                    As is the case now, market participants                   rules/sro.shtml); or
                                                    that have an Order canceled due to the                      • Send an email to rule-comments@                     Notice is hereby given, pursuant to
                                                    number of updates may enter a new                         sec.gov. Please include File Number SR–              the provisions of the Government in the
                                                    replacement Order. Thus, the Exchange                     BX–2016–024 on the subject line.                     Sunshine Act, Public Law 94–409, that
                                                    does not think that the proposed change                                                                        the Securities and Exchange
                                                    will place a burden on competition not                    Paper Comments                                       Commission Advisory Committee on
                                                    necessary or appropriate in furtherance                                                                        Small and Emerging Companies will
                                                                                                                • Send paper comments in triplicate
                                                    of the Act.                                                                                                    hold a public meeting on Wednesday,
                                                                                                              to Secretary, Securities and Exchange
                                                    C. Self-Regulatory Organization’s                         Commission, 100 F Street NE.,                        May 18, 2016, in Multi-Purpose Room
                                                    Statement on Comments on the                              Washington, DC 20549–1090.                           LL–006 at the Commission’s
                                                    Proposed Rule Change Received From                                                                             headquarters, 100 F Street NE.,
                                                    Members, Participants, or Others                          All submissions should refer to File                 Washington, DC.
                                                                                                              Number SR–BX–2016–024. This file
                                                                                                                                                                      The meeting will begin at 9:30 a.m.
                                                      No written comments were either                         number should be included on the
                                                                                                                                                                   (EDT) and will be open to the public.
                                                    solicited or received.                                    subject line if email is used. To help the
                                                                                                                                                                   Seating will be on a first-come, first-
                                                                                                              Commission process and review your
                                                    III. Date of Effectiveness of the                                                                              served basis. Doors will open at 9:00
                                                                                                              comments more efficiently, please use
                                                    Proposed Rule Change and Timing for                                                                            a.m. Visitors will be subject to security
                                                                                                              only one method. The Commission will
                                                    Commission Action                                                                                              checks. The meeting will be webcast on
                                                                                                              post all comments on the Commission’s
                                                                                                                                                                   the Commission’s Web site at
                                                       Because the foregoing proposed rule                    Internet Web site (http://www.sec.gov/
                                                                                                                                                                   www.sec.gov.
                                                    change does not: (i) Significantly affect                 rules/sro.shtml). Copies of the
                                                    the protection of investors or the public                 submission, all subsequent                              On May 4, 2016, the Commission
                                                    interest; (ii) impose any significant                     amendments, all written statements                   published notice of the Committee
                                                    burden on competition; and (iii) become                   with respect to the proposed rule                    meeting (Release No. 33–10074),
                                                    operative for 30 days from the date on                    change that are filed with the                       indicating that the meeting is open to
                                                    which it was filed, or such shorter time                  Commission, and all written                          the public and inviting the public to
                                                    as the Commission may designate, it has                   communications relating to the                       submit written comments to the
                                                    become effective pursuant to section                      proposed rule change between the                     Committee. This Sunshine Act notice is
                                                    19(b)(3)(A)(iii) of the Act 9 and                         Commission and any person, other than                being issued because a majority of the
                                                    subparagraph (f)(6) of Rule 19b–4                         those that may be withheld from the                  Commission may attend the meeting.
                                                    thereunder.10                                             public in accordance with the                           The agenda for the meeting includes
                                                       At any time within 60 days of the                      provisions of 5 U.S.C. 552, will be                  matters relating to rules and regulations
                                                    filing of the proposed rule change, the                   available for Web site viewing and                   affecting small and emerging companies
                                                    Commission summarily may                                  printing in the Commission’s Public                  under the federal securities laws.
                                                    temporarily suspend such rule change if                   Reference Room, 100 F Street NE.,                       For further information, please
                                                    it appears to the Commission that such                    Washington, DC 20549, on official                    contact the Brent J. Fields in the Office
                                                    action is: (i) Necessary or appropriate in                business days between the hours of                   of the Secretary at (202) 551–5400.
                                                    the public interest; (ii) for the protection              10:00 a.m. and 3:00 p.m. Copies of the
                                                    of investors; or (iii) otherwise in                                                                              Dated: May 11, 2016.
                                                                                                              filing also will be available for
                                                    furtherance of the purposes of the Act.                   inspection and copying at the principal              Brent J. Fields,
                                                    If the Commission takes such action, the                  office of the Exchange. All comments                 Secretary.
                                                    Commission shall institute proceedings                    received will be posted without change;              [FR Doc. 2016–11581 Filed 5–12–16; 11:15 am]
                                                    to determine whether the proposed rule                    the Commission does not edit personal                BILLING CODE 8011–01–P
                                                    should be approved or disapproved.                        identifying information from
                                                                                                              submissions. You should submit only
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                      8 15  U.S.C. 78f(b)(8).                                 information that you wish to make
                                                      9 15  U.S.C. 78s(b)(3)(a)(iii) [sic].
                                                      10 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                                                                                              available publicly. All submissions
                                                    4(f)(6) requires a self-regulatory organization to give   should refer to File Number SR–BX–
                                                    the Commission written notice of its intent to file       2016–024 and should be submitted on
                                                    the proposed rule change at least five business days      or before June 6, 2016.
                                                    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.                                                                                                     11 17   CFR 200.30–3(a)(12).



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Document Created: 2016-05-14 01:16:59
Document Modified: 2016-05-14 01:16:59
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
Dates(1) System-generated child Orders; (2) display size refreshes from reserve; (3) replaces of System-generated child Orders (which include Orders with a Pegging Attribute); and (4) cancellation requests of System-generated child Orders. The Exchange notes that all updates identified by the current process will be counted under the new process. The Exchange believes these changes will provide it with
FR Citation81 FR 30363 

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