81_FR_45466 81 FR 45332 - Self-Regulatory Organizations; The Nasdaq Stock Market LLC; Notice of Filing of Proposed Rule Change To Adopt Limit Order Protection

81 FR 45332 - Self-Regulatory Organizations; The Nasdaq Stock Market LLC; Notice of Filing of Proposed Rule Change To Adopt Limit Order Protection

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 134 (July 13, 2016)

Page Range45332-45334
FR Document2016-16487

Federal Register, Volume 81 Issue 134 (Wednesday, July 13, 2016)
[Federal Register Volume 81, Number 134 (Wednesday, July 13, 2016)]
[Notices]
[Pages 45332-45334]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-16487]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78246; File No. SR-NASDAQ-2016-067]


Self-Regulatory Organizations; The Nasdaq Stock Market LLC; 
Notice of Filing of Proposed Rule Change To Adopt Limit Order 
Protection

July 7, 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 June 24, 2016, 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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend Nasdaq's Rule 4757, entitled ``Book 
Processing'' to adopt a Limit Order Protection or ``LOP'' for members 
accessing the Nasdaq Market Center.
    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

[[Page 45333]]

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 Exchange proposes to adopt a new mechanism to protect against 
erroneous Limit Orders which are entered into the Nasdaq Market Center. 
Specifically, this new feature addresses risks to market participants 
of human error in entering Limit Orders at unintended prices. LOP would 
prevent certain Limit Orders from executing or being placed on the 
Order Book at prices outside pre-set standard limits. The System would 
reject those Limit Orders, rather than executing them automatically. 
The proposed LOP feature is similar to a risk feature which exists 
today on the NASDAQ Options Market LLC (``NOM'') \3\ and is available 
for Options Participants.
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    \3\ See NOM Rules at Chapter VI, Section 6(c) and Section 18.
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    The Exchange proposes to adopt a new feature, LOP for Limit Orders, 
which would reject Limit Orders back to the member when the order 
exceeds certain defined logic. Specifically, the LOP feature would 
prevent certain Limit Orders at prices outside of pre-set standard 
limits (``LOP Limit'') from being accepted by the System. LOP shall 
apply to all Quotes and Orders, including any modified Orders.\4\ LOP 
would not apply to Market Orders, Market Maker Peg Orders \5\ or 
Intermarket Sweep Orders (ISO).\6\ A Market Maker Peg Order is a 
passive order type which will not otherwise remove liquidity from the 
Order Book. This order type was designed to assist Market Makers with 
meeting their quoting obligations. Market Makers have a diverse 
business model as compared with other market participants. Excluding 
the Market Maker Peg Order from the LOP will assist Market Makers in 
meeting their quoting obligations. The Exchange believes that because 
Market Makers have other risk protections in place to prevent them from 
quoting outside of their financial means, the risk level for erroneous 
trades is not the same as with other market participants. Market Makers 
have more sophisticated infrastructures than other market participants 
and are able to manage their risk, particularly with quoting, utilizing 
other tools which may not be available to other market participants. An 
ISO is immediately executable within the Nasdaq Market Center against 
orders against which they are marketable. The ISO designation on an 
order presumes that the market participant has satisfied their 
obligation to all protected quotes up to the limit of the ISO.
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    \4\ If an Order is modified, LOP will review the order anew and, 
if LOP is triggered, such modification will not take effect and the 
original order will be rejected.
    \5\ A ``Market Maker Peg Order'' is an Order Type designed to 
allow a Market Maker to maintain a continuous two-sided quotation at 
a displayed price that is compliant with the quotation requirements 
for Market Makers set forth in Rule 4613(a)(2). The displayed price 
of the Market Maker Peg Order is set with reference to a ``Reference 
Price'' in order to keep the displayed price of the Market Maker Peg 
Order within a bounded price range. A Market Maker Peg Order may be 
entered through RASH, FIX or QIX only. A Market Maker Peg Order must 
be entered with a limit price beyond which the Order may not be 
priced. The Reference Price for a Market Maker Peg Order to buy 
(sell) is the then-current National Best Bid (National Best Offer) 
(including Nasdaq), or if no such National Best Bid or National Best 
Offer, the most recent reported last-sale eligible trade from the 
responsible single plan processor for that day, or if none, the 
previous closing price of the security as adjusted to reflect any 
corporate actions (e.g., dividends or stock splits) in the security. 
See Nasdaq Rule 4702(b)(7).
    \6\ An Intermarket Sweep or ISO Order, which is an Order that is 
immediately executable within the Nasdaq Market Center against 
Orders against which they are marketable, is not subject to LOP. See 
NASDAQ Rule 4702. [sic]
---------------------------------------------------------------------------

    LOP would be operational each trading day, except for orders 
designated for opening and closing crosses and initial public 
offerings. LOP would not be operational during trading halts and 
pauses. Since Nasdaq Rules provided controls for the opening, closing 
and initial public offering processes within the Rulebook, the proposed 
protections are rendered ineffective for those processes.\7\ Members 
will be subject to certain parameters when submitting Limit Orders into 
the Order Book. Also, LOP would not apply in the event that there is no 
established LOP Reference Price.\8\ The LOP Reference Price shall be 
the current National Best Bid or Best Offer (NBBO), the bid for sell 
orders and the offer for buy orders.
---------------------------------------------------------------------------

    \7\ The Nasdaq Rulebook provides specific rules for certain 
auction mechanisms, such as the opening, closing and initial public 
offering process which contain their own protections with respect to 
the entry of Orders within those mechanisms and therefore are not 
subject to LOP. With respect to the open, Nasdaq has a process, 
namely the ``Nasdaq Opening Cross,'' which shall occur at the price 
that maximizes the number of shares. See Rule 4752(a)(2)(F)(i)-
(iii). [sic] With respect to the close, Nasdaq has a process, namely 
the ``Nasdaq Closing Cross,'' for determining the price at which 
orders shall be executed at the close and for executing those 
orders. See Rule 4754(b)(2)(e.) [sic] With respect to initial public 
offerings, the Exchange may halt trading in a security that is the 
subject of an Initial Public Offering. See Rule 4120(a)(7). The 
Exchange's rules do not permit aberrant trading and require a 
security must pass the price validation. See Rule 4120(c)(8)(A).
    \8\ For example, if there is a one-sided quote or if the LOP 
Reference Price is less than the greater of 10% or $0.50.
---------------------------------------------------------------------------

    The Exchange proposes to not accept incoming Limit Orders that 
exceed the LOP Reference Threshold. Limit Orders will not be accepted 
if the price of the Limit Order is greater than the LOP Reference 
Threshold for a buy Limit Order. Limit Orders will not be accepted if 
the price of the Limit Order is less than the LOP Reference Threshold 
for a sell Limit Order. The LOP Reference Threshold for buy orders will 
be the LOP Reference Price (offer) plus the applicable percentage 
specified [sic] in the LOP Limit. The LOP Reference Threshold for sell 
orders will be the LOP Reference Price (bid) minus the applicable 
percentage specified [sic] in the LOP Limit. The LOP Limit shall be the 
greater of 10% of the LOP Reference Price or $0.50 for all securities 
across all trading sessions. The LOP Reference Price shall be the 
current National Best Bid or Best Offer (NBBO), the bid for sell orders 
and the offer for buy orders.
    The Exchange also notes that LOP will be applicable on all 
protocols.\9\ The LOP feature will be mandatory for all Nasdaq members. 
The Exchange proposes to implement this rule within ninety (90) days of 
the approval of this proposed rule change. The Exchange will issue an 
Equities Trader Alert in advance to inform market participants of such 
implementation date.
---------------------------------------------------------------------------

    \9\ Nasdaq maintains several communications protocols for 
Participants to use in entering Orders and sending other messages to 
the Nasdaq Market Center, such as: OUCH, RASH, QIX, FLITE and FIX.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act \10\ in general, and furthers the objectives of Section 
6(b)(5) of the Act \11\ 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

[[Page 45334]]

open market and a national market system, and, in general to protect 
investors and the public interest, by mitigating risks to market 
participants of human error in entering Limit Orders at clearly 
unintended prices. The proposals are appropriate and reasonable, 
because they offer protections for Limit Orders which should encourage 
price continuity and, in turn, protect investors and the public 
interest by reducing executions occurring at dislocated prices.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The proposed LOP feature would assist with the maintenance of fair 
and orderly markets by mitigating the risks associated with errors 
resulting in executions at prices that are away from the Best Bid or 
Offer and potentially erroneous. Further the proposal protects 
investors from potentially receiving executions away from the 
prevailing prices at any given time. The Exchange proposes LOP to avoid 
a series of improperly priced aggressive orders transacting in the 
Order Book. The LOP Limit is appropriate because it seeks to capture 
improperly priced Limit Orders and reject them to reduce the risk of, 
and to potentially prevent, the automatic execution of Orders at prices 
that may be considered clearly erroneous. The System will only execute 
Limit Orders priced within the LOP Limit. The Exchange's proposed LOP 
Limit is a reasonable measure to ensure prices remain within the 
reasonable limits. This protection will bolster the normal resilience 
and market behavior that persistently produces robust reference prices. 
This feature should create a level of protection that prevents the 
Limit Orders from entering the Order Book outside of an acceptable 
range for the Limit Order to execute.
    The LOP will reduce the negative impacts of sudden, unanticipated 
volatility, and serve to preserve an orderly market in a transparent 
and uniform manner, increase overall market confidence, and promote 
fair and orderly markets and the protection of investors. This feature 
is not optional and is applicable to all members submitting Limit 
Orders.

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 LOP feature will provide 
market participants with additional price protection from anomalous 
executions. This feature is not optional and is applicable to all 
members submitting Limit Orders. Thus, the Exchange does not believe 
the proposal creates any significant impact on competition. This type 
of risk protection is in place today for NOM Options Participants.\12\ 
Offering this protection to the Nasdaq Market Center will not impose 
any undue burden on intra-market competition, rather, it would permit 
equities and options members to be protected in a similar manner from 
erroneous executions.
---------------------------------------------------------------------------

    \12\ See NOM Rules at Chapter VI, Section 6(c) and Section 18.
---------------------------------------------------------------------------

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    No written comments were either solicited or received.

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

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-NASDAQ-2016-067 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-2016-067. 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-2016-067 and should 
be submitted on or before August 3, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Brent J. Fields,
Secretary.
[FR Doc. 2016-16487 Filed 7-12-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                  45332                        Federal Register / Vol. 81, No. 134 / Wednesday, July 13, 2016 / Notices

                                                  temporarily suspend such rule change if                  should refer to File Number SR–                         proposed rule change should be
                                                  it appears to the Commission that such                   NYSEArca–2016–92, and should be                         disapproved. The Commission is
                                                  action is necessary or appropriate in the                submitted on or before August 3, 2016.                  extending this 45-day time period. The
                                                  public interest, for the protection of                     For the Commission, by the Division of                Commission finds that it is appropriate
                                                  investors, or otherwise in furtherance of                Trading and Markets, pursuant to delegated              to designate a longer period within
                                                  the purposes of the Act. If the                          authority.11                                            which to take action on the proposed
                                                  Commission takes such action, the                        Brent J. Fields,                                        rule change so that it has sufficient time
                                                  Commission shall institute proceedings                   Secretary.                                              to consider the proposed rule change.
                                                  to determine whether the proposed rule                   [FR Doc. 2016–16483 Filed 7–12–16; 8:45 am]               Accordingly, the Commission,
                                                  should be approved or disapproved.                       BILLING CODE 8011–01–P
                                                                                                                                                                   pursuant to section 19(b)(2) of the Act,6
                                                  IV. Solicitation of Comments                                                                                     designates August 21, 2016 as the date
                                                                                                                                                                   by which the Commission shall either
                                                    Interested persons are invited to                                                                              approve or disapprove or institute
                                                                                                           SECURITIES AND EXCHANGE
                                                  submit written data, views, and                                                                                  proceedings to determine whether to
                                                                                                           COMMISSION
                                                  arguments concerning the foregoing,                                                                              disapprove the proposed rule change
                                                  including whether the proposed rule                      [Release No. 34–78240; File No. SR–                     (File Number SR–NYSEArca–2016–64).
                                                  change is consistent with the Act.                       NYSEArca–2016–64]
                                                  Comments may be submitted by any of                                                                                For the Commission, by the Division of
                                                                                                           Self-Regulatory Organizations; NYSE                     Trading and Markets, pursuant to delegated
                                                  the following methods:
                                                                                                           Arca, Inc.; Notice of Designation of a                  authority.7
                                                  Electronic Comments                                      Longer Period for Commission Action                     Brent J. Fields,
                                                    • Use the Commission’s Internet                        on Proposed Rule Change, as Modified                    Secretary.
                                                  comment form (http://www.sec.gov/                        by Amendment Nos. 1 and 2, To List                      [FR Doc. 2016–16481 Filed 7–12–16; 8:45 am]
                                                  rules/sro.shtml); or                                     and Trade Shares of the                                 BILLING CODE 8011–01–P
                                                    • Send an email to rule-comments@                      AdvisorShares KIM Korea Equity ETF
                                                  sec.gov. Please include File Number SR–                  July 7, 2016.
                                                  NYSEArca–2016–92 on the subject line.                                                                            SECURITIES AND EXCHANGE
                                                                                                              On May 2, 2016, NYSE Arca, Inc.
                                                                                                                                                                   COMMISSION
                                                  Paper Comments                                           (‘‘Exchange’’) filed with the Securities
                                                     • Send paper comments in triplicate                   and Exchange Commission                                 [Release No. 34–78246; File No. SR–
                                                  to Brent J. Fields, Secretary, Securities                (‘‘Commission’’), pursuant to section                   NASDAQ–2016–067]
                                                  and Exchange Commission, 100 F Street                    19(b)(1) of the Securities Exchange Act
                                                                                                           of 1934 (‘‘Act’’) 1 and Rule 19b–4                      Self-Regulatory Organizations; The
                                                  NE., Washington, DC 20549–1090.
                                                                                                           thereunder,2 a proposed rule change to                  Nasdaq Stock Market LLC; Notice of
                                                  All submissions should refer to File                                                                             Filing of Proposed Rule Change To
                                                                                                           list and trade shares (‘‘Shares’’) of the
                                                  Number SR–NYSEArca–2016–92. This                                                                                 Adopt Limit Order Protection
                                                                                                           AdvisorShares KIM Korea Equity ETF
                                                  file number should be included on the
                                                                                                           (‘‘Fund’’) under NYSE Arca Equities
                                                  subject line if email is used. To help the                                                                       July 7, 2016.
                                                                                                           Rule 8.600. On May 13, 2016, the
                                                  Commission process and review your                                                                                  Pursuant to Section 19(b)(1) of the
                                                                                                           Exchange submitted Amendment No. 1
                                                  comments more efficiently, please use                                                                            Securities Exchange Act of 1934
                                                                                                           to the proposed rule change. The
                                                  only one method. The Commission will                                                                             (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                                                                           Commission published notice of the
                                                  post all comments on the Commission’s                                                                            notice is hereby given that on June 24,
                                                                                                           proposed rule change, as modified by
                                                  Internet Web site (http://www.sec.gov/                                                                           2016, The Nasdaq Stock Market LLC
                                                                                                           Amendment No. 1, in the Federal
                                                  rules/sro.shtml). Copies of the                          Register on May 23, 2016.3 On May 23,                   (‘‘Nasdaq’’ or ‘‘Exchange’’) filed with the
                                                  submission, all subsequent                               2016, the Exchange submitted                            Securities and Exchange Commission
                                                  amendments, all written statements                       Amendment No. 2 to the proposed rule                    (‘‘SEC’’ or ‘‘Commission’’) the proposed
                                                  with respect to the proposed rule                        change.4 The Commission received no                     rule change as described in Items I and
                                                  change that are filed with the                           comments on the proposed rule change.                   II below, which Items have been
                                                  Commission, and all written                                 Section 19(b)(2) of the Act 5 provides               prepared by the Exchange. The
                                                  communications relating to the                           that, within 45 days of the publication                 Commission is publishing this notice to
                                                  proposed rule change between the                         of notice of the filing of a proposed rule              solicit comments on the proposed rule
                                                  Commission and any person, other than                    change, or within such longer period up                 change from interested persons.
                                                  those that may be withheld from the                      to 90 days as the Commission may
                                                  public in accordance with the                            designate if it finds such longer period                I. Self-Regulatory Organization’s
                                                  provisions of 5 U.S.C. 552, will be                      to be appropriate and publishes its                     Statement of the Terms of Substance of
                                                  available for Web site viewing and                       reasons for so finding or as to which the               the Proposed Rule Change
                                                  printing in the Commission’s Public                      self-regulatory organization consents,                     The Exchange proposes to amend
                                                  Reference Room, 100 F Street NE.,                        the Commission shall either approve the                 Nasdaq’s Rule 4757, entitled ‘‘Book
                                                  Washington, DC 20549 on official                         proposed rule change, disapprove the                    Processing’’ to adopt a Limit Order
                                                  business days between the hours of                       proposed rule change, or institute                      Protection or ‘‘LOP’’ for members
                                                  10:00 a.m. and 3:00 p.m. Copies of such                  proceedings to determine whether the                    accessing the Nasdaq Market Center.
                                                  filing also will be available for                                                                                   The text of the proposed rule change
                                                  inspection and copying at the principal
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                                                                                11 17
                                                                                                                   CFR 200.30–3(a)(12).                            is available on the Exchange’s Web site
                                                  office of the Exchange. All comments                          1 15
                                                                                                                  U.S.C. 78s(b)(1).                                at http://nasdaq.cchwallstreet.com, at
                                                  received will be posted without change;                    2 17 CFR 240.19b–4.
                                                                                                                                                                   the principal office of the Exchange, and
                                                                                                             3 See Securities Exchange Act Release No. 77847
                                                  the Commission does not edit personal
                                                                                                           (May 17, 2016), 81 FR 32364 (NYSEArca–2016–64).
                                                  identifying information from                               4 Amendment No. 2 is available at https://              6 Id.
                                                  submissions. You should submit only                      www.sec.gov/comments/sr-nysearca-2016-64/                 7 17 CFR 200.30–3(a)(31).
                                                  information that you wish to make                        nysearca201664-2.pdf.                                     1 15 U.S.C. 78s(b)(1).
                                                  available publicly. All submissions                        5 15 U.S.C. 78s(b)(2).                                  2 17 CFR 240.19b–4.




                                             VerDate Sep<11>2014   15:08 Jul 12, 2016   Jkt 238001   PO 00000     Frm 00059   Fmt 4703   Sfmt 4703   E:\FR\FM\13JYN1.SGM     13JYN1


                                                                               Federal Register / Vol. 81, No. 134 / Wednesday, July 13, 2016 / Notices                                                          45333

                                                  at the Commission’s Public Reference                     Intermarket Sweep Orders (ISO).6 A                         Members will be subject to certain
                                                  Room.                                                    Market Maker Peg Order is a passive                        parameters when submitting Limit
                                                                                                           order type which will not otherwise                        Orders into the Order Book. Also, LOP
                                                  II. Self-Regulatory Organization’s
                                                                                                           remove liquidity from the Order Book.                      would not apply in the event that there
                                                  Statement of the Purpose of, and
                                                                                                           This order type was designed to assist                     is no established LOP Reference Price.8
                                                  Statutory Basis for, the Proposed Rule
                                                                                                           Market Makers with meeting their                           The LOP Reference Price shall be the
                                                  Change
                                                                                                           quoting obligations. Market Makers have                    current National Best Bid or Best Offer
                                                     In its filing with the Commission, the                a diverse business model as compared                       (NBBO), the bid for sell orders and the
                                                  Exchange included statements                             with other market participants.                            offer for buy orders.
                                                  concerning the purpose of and basis for                  Excluding the Market Maker Peg Order                          The Exchange proposes to not accept
                                                  the proposed rule change and discussed                   from the LOP will assist Market Makers                     incoming Limit Orders that exceed the
                                                  any comments it received on the                          in meeting their quoting obligations.                      LOP Reference Threshold. Limit Orders
                                                  proposed rule change. The text of these                  The Exchange believes that because                         will not be accepted if the price of the
                                                  statements may be examined at the                        Market Makers have other risk                              Limit Order is greater than the LOP
                                                  places specified in Item IV below. The                   protections in place to prevent them                       Reference Threshold for a buy Limit
                                                  Exchange has prepared summaries, set                     from quoting outside of their financial                    Order. Limit Orders will not be accepted
                                                  forth in sections A, B, and C below, of                  means, the risk level for erroneous                        if the price of the Limit Order is less
                                                  the most significant aspects of such                     trades is not the same as with other                       than the LOP Reference Threshold for a
                                                  statements.                                              market participants. Market Makers                         sell Limit Order. The LOP Reference
                                                  A. Self-Regulatory Organization’s                        have more sophisticated infrastructures                    Threshold for buy orders will be the
                                                  Statement of the Purpose of, and                         than other market participants and are                     LOP Reference Price (offer) plus the
                                                  Statutory Basis for, the Proposed Rule                   able to manage their risk, particularly                    applicable percentage specified [sic] in
                                                  Change                                                   with quoting, utilizing other tools which                  the LOP Limit. The LOP Reference
                                                                                                           may not be available to other market                       Threshold for sell orders will be the
                                                  1. Purpose                                               participants. An ISO is immediately                        LOP Reference Price (bid) minus the
                                                     The Exchange proposes to adopt a                      executable within the Nasdaq Market                        applicable percentage specified [sic] in
                                                  new mechanism to protect against                         Center against orders against which they                   the LOP Limit. The LOP Limit shall be
                                                  erroneous Limit Orders which are                         are marketable. The ISO designation on                     the greater of 10% of the LOP Reference
                                                  entered into the Nasdaq Market Center.                   an order presumes that the market                          Price or $0.50 for all securities across all
                                                  Specifically, this new feature addresses                 participant has satisfied their obligation                 trading sessions. The LOP Reference
                                                  risks to market participants of human                    to all protected quotes up to the limit of                 Price shall be the current National Best
                                                  error in entering Limit Orders at                        the ISO.                                                   Bid or Best Offer (NBBO), the bid for
                                                  unintended prices. LOP would prevent                        LOP would be operational each                           sell orders and the offer for buy orders.
                                                  certain Limit Orders from executing or                   trading day, except for orders                                The Exchange also notes that LOP
                                                  being placed on the Order Book at                        designated for opening and closing                         will be applicable on all protocols.9 The
                                                  prices outside pre-set standard limits.                  crosses and initial public offerings. LOP                  LOP feature will be mandatory for all
                                                  The System would reject those Limit                      would not be operational during trading                    Nasdaq members. The Exchange
                                                  Orders, rather than executing them                       halts and pauses. Since Nasdaq Rules                       proposes to implement this rule within
                                                  automatically. The proposed LOP                          provided controls for the opening,                         ninety (90) days of the approval of this
                                                  feature is similar to a risk feature which               closing and initial public offering                        proposed rule change. The Exchange
                                                  exists today on the NASDAQ Options                       processes within the Rulebook, the                         will issue an Equities Trader Alert in
                                                  Market LLC (‘‘NOM’’) 3 and is available                  proposed protections are rendered                          advance to inform market participants
                                                  for Options Participants.                                ineffective for those processes.7                          of such implementation date.
                                                     The Exchange proposes to adopt a                                                                                 2. Statutory Basis
                                                  new feature, LOP for Limit Orders,                       Order within a bounded price range. A Market
                                                  which would reject Limit Orders back to                  Maker Peg Order may be entered through RASH,                  The Exchange believes that its
                                                  the member when the order exceeds                        FIX or QIX only. A Market Maker Peg Order must             proposal is consistent with Section 6(b)
                                                  certain defined logic. Specifically, the
                                                                                                           be entered with a limit price beyond which the             of the Act 10 in general, and furthers the
                                                                                                           Order may not be priced. The Reference Price for           objectives of Section 6(b)(5) of the Act 11
                                                  LOP feature would prevent certain Limit                  a Market Maker Peg Order to buy (sell) is the then-
                                                  Orders at prices outside of pre-set                      current National Best Bid (National Best Offer)            in particular, in that it is designed to
                                                  standard limits (‘‘LOP Limit’’) from                     (including Nasdaq), or if no such National Best Bid        promote just and equitable principles of
                                                  being accepted by the System. LOP shall
                                                                                                           or National Best Offer, the most recent reported last-     trade, to remove impediments to and
                                                                                                           sale eligible trade from the responsible single plan       perfect the mechanism of a free and
                                                  apply to all Quotes and Orders,                          processor for that day, or if none, the previous
                                                  including any modified Orders.4 LOP                      closing price of the security as adjusted to reflect
                                                                                                           any corporate actions (e.g., dividends or stock            Cross,’’ for determining the price at which orders
                                                  would not apply to Market Orders,                                                                                   shall be executed at the close and for executing
                                                                                                           splits) in the security. See Nasdaq Rule 4702(b)(7).
                                                  Market Maker Peg Orders 5 or                                6 An Intermarket Sweep or ISO Order, which is           those orders. See Rule 4754(b)(2)(e.) [sic] With
                                                                                                           an Order that is immediately executable within the         respect to initial public offerings, the Exchange may
                                                    3 See NOM Rules at Chapter VI, Section 6(c) and
                                                                                                           Nasdaq Market Center against Orders against which          halt trading in a security that is the subject of an
                                                  Section 18.                                              they are marketable, is not subject to LOP. See            Initial Public Offering. See Rule 4120(a)(7). The
                                                    4 If an Order is modified, LOP will review the         NASDAQ Rule 4702. [sic]                                    Exchange’s rules do not permit aberrant trading and
                                                  order anew and, if LOP is triggered, such                   7 The Nasdaq Rulebook provides specific rules for       require a security must pass the price validation.
                                                  modification will not take effect and the original                                                                  See Rule 4120(c)(8)(A).
                                                                                                           certain auction mechanisms, such as the opening,
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                                                                                                                                                                        8 For example, if there is a one-sided quote or if
                                                  order will be rejected.                                  closing and initial public offering process which
                                                    5 A ‘‘Market Maker Peg Order’’ is an Order Type        contain their own protections with respect to the          the LOP Reference Price is less than the greater of
                                                  designed to allow a Market Maker to maintain a           entry of Orders within those mechanisms and                10% or $0.50.
                                                                                                                                                                        9 Nasdaq maintains several communications
                                                  continuous two-sided quotation at a displayed price      therefore are not subject to LOP. With respect to the
                                                  that is compliant with the quotation requirements        open, Nasdaq has a process, namely the ‘‘Nasdaq            protocols for Participants to use in entering Orders
                                                  for Market Makers set forth in Rule 4613(a)(2). The      Opening Cross,’’ which shall occur at the price that       and sending other messages to the Nasdaq Market
                                                  displayed price of the Market Maker Peg Order is         maximizes the number of shares. See Rule                   Center, such as: OUCH, RASH, QIX, FLITE and FIX.
                                                                                                                                                                        10 15 U.S.C. 78f(b).
                                                  set with reference to a ‘‘Reference Price’’ in order     4752(a)(2)(F)(i)–(iii). [sic] With respect to the close,
                                                  to keep the displayed price of the Market Maker Peg      Nasdaq has a process, namely the ‘‘Nasdaq Closing            11 15 U.S.C. 78f(b)(5).




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                                                  45334                        Federal Register / Vol. 81, No. 134 / Wednesday, July 13, 2016 / Notices

                                                  open market and a national market                        proposal creates any significant impact                 Internet Web site (http://www.sec.gov/
                                                  system, and, in general to protect                       on competition. This type of risk                       rules/sro.shtml). Copies of the
                                                  investors and the public interest, by                    protection is in place today for NOM                    submission, all subsequent
                                                  mitigating risks to market participants of               Options Participants.12 Offering this                   amendments, all written statements
                                                  human error in entering Limit Orders at                  protection to the Nasdaq Market Center                  with respect to the proposed rule
                                                  clearly unintended prices. The                           will not impose any undue burden on                     change that are filed with the
                                                  proposals are appropriate and                            intra-market competition, rather, it                    Commission, and all written
                                                  reasonable, because they offer                           would permit equities and options                       communications relating to the
                                                  protections for Limit Orders which                       members to be protected in a similar                    proposed rule change between the
                                                  should encourage price continuity and,                   manner from erroneous executions.                       Commission and any person, other than
                                                  in turn, protect investors and the public                                                                        those that may be withheld from the
                                                  interest by reducing executions                          C. Self-Regulatory Organization’s
                                                                                                                                                                   public in accordance with the
                                                  occurring at dislocated prices.                          Statement on Comments on the
                                                                                                                                                                   provisions of 5 U.S.C. 552, will be
                                                     The proposed LOP feature would                        Proposed Rule Change Received From
                                                                                                                                                                   available for Web site viewing and
                                                  assist with the maintenance of fair and                  Members, Participants, or Others
                                                                                                                                                                   printing in the Commission’s Public
                                                  orderly markets by mitigating the risks                    No written comments were either                       Reference Room, 100 F Street NE.,
                                                  associated with errors resulting in                      solicited or received.                                  Washington, DC 20549, on official
                                                  executions at prices that are away from                                                                          business days between the hours of
                                                  the Best Bid or Offer and potentially                    III. Date of Effectiveness of the
                                                                                                           Proposed Rule Change and Timing for                     10:00 a.m. and 3:00 p.m. Copies of the
                                                  erroneous. Further the proposal protects                                                                         filing also will be available for
                                                  investors from potentially receiving                     Commission Action
                                                                                                                                                                   inspection and copying at the principal
                                                  executions away from the prevailing                        Within 45 days of the date of                         office of the Exchange. All comments
                                                  prices at any given time. The Exchange                   publication of this notice in the Federal               received will be posted without change;
                                                  proposes LOP to avoid a series of                        Register or within such longer period                   the Commission does not edit personal
                                                  improperly priced aggressive orders                      up to 90 days (i) as the Commission may                 identifying information from
                                                  transacting in the Order Book. The LOP                   designate if it finds such longer period                submissions. You should submit only
                                                  Limit is appropriate because it seeks to                 to be appropriate and publishes its                     information that you wish to make
                                                  capture improperly priced Limit Orders                   reasons for so finding or (ii) as to which              available publicly. All submissions
                                                  and reject them to reduce the risk of,                   the self-regulatory organization                        should refer to File Number SR–
                                                  and to potentially prevent, the                          consents, the Commission will:                          NASDAQ–2016–067 and should be
                                                  automatic execution of Orders at prices                    (A) By order approve or disapprove                    submitted on or before August 3, 2016.
                                                  that may be considered clearly                           such proposed rule change, or
                                                  erroneous. The System will only                            (B) institute proceedings to determine                  For the Commission, by the Division of
                                                  execute Limit Orders priced within the                                                                           Trading and Markets, pursuant to delegated
                                                                                                           whether the proposed rule change                        authority.13
                                                  LOP Limit. The Exchange’s proposed                       should be disapproved.
                                                  LOP Limit is a reasonable measure to                                                                             Brent J. Fields,
                                                  ensure prices remain within the                          IV. Solicitation of Comments                            Secretary.
                                                  reasonable limits. This protection will                    Interested persons are invited to                     [FR Doc. 2016–16487 Filed 7–12–16; 8:45 am]
                                                  bolster the normal resilience and market                 submit written data, views, and                         BILLING CODE 8011–01–P
                                                  behavior that persistently produces                      arguments concerning the foregoing,
                                                  robust reference prices. This feature                    including whether the proposed rule
                                                  should create a level of protection that                 change is consistent with the Act.                      SECURITIES AND EXCHANGE
                                                  prevents the Limit Orders from entering                  Comments may be submitted by any of                     COMMISSION
                                                  the Order Book outside of an acceptable                  the following methods:                                  [Release No. 34–78249; File No. SR–BX–
                                                  range for the Limit Order to execute.                                                                            2016–038]
                                                     The LOP will reduce the negative                      Electronic Comments
                                                  impacts of sudden, unanticipated                           • Use the Commission’s Internet                       Self-Regulatory Organizations;
                                                  volatility, and serve to preserve an                     comment form (http://www.sec.gov/                       NASDAQ BX, Inc.; Notice of Filing and
                                                  orderly market in a transparent and                      rules/sro.shtml); or                                    Immediate Effectiveness of Proposed
                                                  uniform manner, increase overall                           • Send an email to rule-comments@                     Rule Change To Extend PRISM Pilot
                                                  market confidence, and promote fair                      sec.gov. Please include File Number SR–                 Program Through January 18, 2017
                                                  and orderly markets and the protection                   NASDAQ–2016–067 on the subject line.
                                                  of investors. This feature is not optional                                                                       July 7, 2016.
                                                                                                           Paper Comments                                             Pursuant to Section 19(b)(1) of the
                                                  and is applicable to all members
                                                  submitting Limit Orders.                                    • Send paper comments in triplicate                  Securities Exchange Act of 1934
                                                                                                           to Secretary, Securities and Exchange                   (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                  B. Self-Regulatory Organization’s                        Commission, 100 F Street NE.,                           notice is hereby given that on June 29,
                                                  Statement on Burden on Competition                       Washington, DC 20549–1090.                              2016, NASDAQ BX, Inc. (‘‘BX’’ or
                                                    The Exchange does not believe that                     All submissions should refer to File                    ‘‘Exchange’’) filed with the Securities
                                                  the proposed rule change will impose                     Number SR–NASDAQ–2016–067. This                         and Exchange Commission (‘‘SEC’’ or
                                                  any burden on competition not                            file number should be included on the                   ‘‘Commission’’) the proposed rule
                                                  necessary or appropriate in furtherance
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                                                                           subject line if email is used. To help the              change as described in Items I and II
                                                  of the purposes of the Act. The LOP                      Commission process and review your                      below, which Items have been prepared
                                                  feature will provide market participants                 comments more efficiently, please use                   by the Exchange. The Commission is
                                                  with additional price protection from                    only one method. The Commission will                    publishing this notice to solicit
                                                  anomalous executions. This feature is                    post all comments on the Commission’s
                                                  not optional and is applicable to all                                                                              13 17 CFR 200.30–3(a)(12).
                                                  members submitting Limit Orders.                              12 See
                                                                                                                   NOM Rules at Chapter VI, Section 6(c) and         1 15 U.S.C. 78s(b)(1).
                                                  Thus, the Exchange does not believe the                  Section 18.                                               2 17 CFR 240.19b–4.




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Document Created: 2016-07-13 01:44:13
Document Modified: 2016-07-13 01:44:13
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 Citation81 FR 45332 

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