82_FR_60881 82 FR 60637 - Self-Regulatory Organizations; The Nasdaq Stock Market LLC; Notice of Filing of Amendment No. 1 and Order Instituting Proceedings To Determine Whether To Approve or Disapprove a Proposed Rule Change, as Modified by Amendment No. 1, To Allow Participants To Designate When an Order With a RTFY or SCAN Routing Order Attribute Will Be Activated During Pre-Market Hours

82 FR 60637 - Self-Regulatory Organizations; The Nasdaq Stock Market LLC; Notice of Filing of Amendment No. 1 and Order Instituting Proceedings To Determine Whether To Approve or Disapprove a Proposed Rule Change, as Modified by Amendment No. 1, To Allow Participants To Designate When an Order With a RTFY or SCAN Routing Order Attribute Will Be Activated During Pre-Market Hours

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 244 (December 21, 2017)

Page Range60637-60639
FR Document2017-27464

Federal Register, Volume 82 Issue 244 (Thursday, December 21, 2017)
[Federal Register Volume 82, Number 244 (Thursday, December 21, 2017)]
[Notices]
[Pages 60637-60639]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-27464]


=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82335; File No. SR-NASDAQ-2017-088]


Self-Regulatory Organizations; The Nasdaq Stock Market LLC; 
Notice of Filing of Amendment No. 1 and Order Instituting Proceedings 
To Determine Whether To Approve or Disapprove a Proposed Rule Change, 
as Modified by Amendment No. 1, To Allow Participants To Designate When 
an Order With a RTFY or SCAN Routing Order Attribute Will Be Activated 
During Pre-Market Hours

December 15, 2017

I. Introduction

    On August 30, 2017, The Nasdaq Stock Market LLC (``Exchange'' or 
``Nasdaq'') filed with the Securities and Exchange Commission 
(``Commission''), pursuant to Section 19(b)(1) of the Securities 
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a 
proposed rule change to amend Nasdaq Rule 4703(a) to allow participants 
to designate when an order with a RTFY or SCAN routing order attribute 
will be activated during Pre-Market Hours. The proposed rule change was 
published for comment in the Federal Register on September 18, 2017.\3\ 
On October 31, 2017, pursuant to Section 19(b)(2) of the Act,\4\ the 
Commission designated a longer period within which to approve the 
proposed rule change, disapprove the proposed rule change, or institute 
proceedings to determine whether to approve or disapprove the proposed 
rule change.\5\ The Commission has received no comment letters on the 
proposed rule change. On December 13, 2017, the Exchange filed 
Amendment No. 1 to the proposed rule change.\6\ The Commission is 
publishing this notice and order to solicit comments on the proposed 
rule change, as modified by Amendment No. 1, from interested persons 
and to institute proceedings pursuant to Section 19(b)(2)(B) of the Act 
\7\ to determine whether to approve or disapprove the proposed rule 
change, as modified by Amendment No. 1.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 81579 (September 12, 
2017), 82 FR 43584.
    \4\ 15 U.S.C. 78s(b)(2).
    \5\ See Securities Exchange Act Release No. 81986, 82 FR 51453 
(November 6, 2017). The Commission designated December 17, 2017 as 
the date by which the Commission shall approve or disapprove, or 
institute proceedings to determine whether to approve or disapprove, 
the proposed rule change.
    \6\ In Amendment No. 1, the Exchange: (1) Modified the proposal 
to allow participants entering an order with the RTFY or SCAN 
routing order attribute to designate the order to activate at a 
specific time during Pre-Market Hours (rather than System Hours) on 
the same day; (2) specified that the proposed functionality would be 
offered on a port level basis; (3) stated that all of the times-in-
force in Nasdaq Rule 4703(a) currently apply to orders with the RTFY 
or SCAN routing order attribute and made corresponding 
clarifications and corrections throughout the proposal; (4) provided 
additional information regarding why participants might use the 
proposed functionality; and (5) provided additional discussion 
regarding members' best execution obligations and the application of 
the Exchange's regulatory checks associated with the proposed 
functionality, and reminded members of their regulatory obligations 
(e.g., Market Access Rule, Regulation SHO) when using the proposed 
functionality. Amendment No. 1 is available at https://www.sec.gov/comments/sr-nasdaq-2017-088/nasdaq2017088-2798107-161689.pdf.
    \7\ 15 U.S.C. 78s(b)(2)(B).
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II. Description of the Proposal

    The Exchange proposes to amend Nasdaq Rule 4703(a) to allow 
participants to designate a specific time during Pre-Market Hours \8\ 
when an order with a RTFY or SCAN routing order attribute will be 
activated.
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    \8\ ``Pre-Market Hours'' means the period of time beginning at 
4:00 a.m. ET and ending immediately prior to the commencement of 
Market Hours. See Nasdaq Rule 4701(g). ``Market Hours'' means the 
period of time beginning at 9:30 a.m. ET and ending at 4:00 p.m. ET 
(or such earlier time as may be designated by Nasdaq on a day when 
Nasdaq closes early). See id. ``System Hours'' means the period of 
time beginning at 4:00 a.m. ET and ending at 8:00 p.m. ET (or such 
earlier time as may be designated by Nasdaq on a day when Nasdaq 
closes early). See id.
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    RTFY is a routing option available for an order that qualifies as a 
designated retail order under which orders check the system for 
available shares only if so instructed by the entering firm and are 
thereafter routed to destinations on the system routing table.\9\ If 
shares remain unexecuted after routing, they are posted to the Nasdaq 
book.\10\ Once on the book, should the order subsequently be locked or 
crossed by another market center, the system will not route the order 
to the locking or crossing market center.\11\ RTFY is designed to allow 
orders to participate in the opening, reopening, and closing process of 
the primary listing market for a security.\12\ SCAN is a routing option 
under which orders check the system for available shares and 
simultaneously route the remaining shares to destinations on the system 
routing table.\13\ If shares remain unexecuted after routing, they are 
posted on the Nasdaq book.\14\ Once on the book, should the order 
subsequently be locked or crossed by another market center, the system 
will not route the

[[Page 60638]]

order to the locking or crossing market center.\15\
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    \9\ See Nasdaq Rule 4758(a)(1)(A)(v)b.
    \10\ See id.
    \11\ See id.
    \12\ See id.
    \13\ See Nasdaq Rule 4758(a)(1)(A)(iv).
    \14\ See id.
    \15\ See id.
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    Nasdaq Rule 4703(a) provides the times-in-force that may be 
assigned to orders entered into the system. According to Nasdaq Rule 
4703(a), participants specify an order's time-in-force by designating a 
time at which the order will become active and a time at which the 
order will cease to be active. All of the times-in-force currently 
described in Nasdaq Rule 4703(a) are applicable to orders with RTFY or 
SCAN routing order attributes.\16\ According to the Exchange, during 
Pre-Market Hours, participants usually designate orders with RTFY or 
SCAN routing order attributes to activate upon entry or at 8:00 a.m. 
ET.\17\ The Exchange now proposes to amend Nasdaq Rule 4703(a) to 
provide that a participant entering an order with the RTFY or SCAN 
routing order attribute may designate the order to activate at a 
specific time during Pre-Market Hours on the same day.\18\ The Exchange 
proposes to offer this functionality on a port level basis.\19\ As a 
result, if, for example, a participant cancels an order entered through 
a port set for 8:00 a.m. ET activation and wishes the order to instead 
activate at 8:20 a.m. ET, it must either have another port set for 
activation at 8:20 a.m. ET or, alternatively, enter the order at that 
time for immediate activation.\20\
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    \16\ See Amendment No. 1.
    \17\ See id.
    \18\ Participants may cancel their inactive orders with RTFY or 
SCAN routing order attributes at any time before they are activated. 
See id.
    \19\ See id.
    \20\ See id.
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    According to the Exchange, as of the time that an order with a RTFY 
or SCAN routing order attribute is activated, the Exchange would 
subject orders that are eligible for display or execution to all of the 
Exchange's standard regulatory checks (including compliance with 
Regulation NMS, Regulation SHO, and relevant Exchange rules), as it 
currently does with all orders upon entry.\21\
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    \21\ See id.
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III. Proceedings To Determine Whether To Approve or Disapprove SR-
NASDAQ-2017-088, as Modified by Amendment No. 1, and Grounds for 
Disapproval Under Consideration

    The Commission is instituting proceedings pursuant to Section 
19(b)(2)(B) of the Act \22\ to determine whether the proposed rule 
change, as modified by Amendment No. 1, should be approved or 
disapproved. Institution of proceedings is appropriate at this time in 
view of the legal and policy issues raised by the proposal, as 
discussed below. Institution of proceedings does not indicate that the 
Commission has reached any conclusions with respect to any of the 
issues involved. Rather, as described below, the Commission seeks and 
encourages interested persons to provide additional comment on the 
proposed rule change, as modified by Amendment No. 1.
---------------------------------------------------------------------------

    \22\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

    Pursuant to Section 19(b)(2)(B) of the Act,\23\ the Commission is 
providing notice of the grounds for disapproval under consideration. As 
noted above, during Pre-Market Hours, Exchange participants usually 
designate orders with the RTFY or SCAN routing order attribute to 
activate upon entry or at 8:00 a.m. ET. The Exchange now proposes to 
permit participants to designate orders with the RTFY or SCAN routing 
order attribute to activate at any time during Pre-Market Hours on the 
same day (i.e., at any specified time during the period beginning at 
4:00 a.m. ET and ending immediately prior to the commencement of Market 
Hours). As a result, participants could designate any time during Pre-
Market Hours (rather than only 8:00 a.m. ET) to activate orders with 
the RTFY or SCAN routing order attribute, and the time between order 
entry and order activation could be much longer than is currently the 
case.
---------------------------------------------------------------------------

    \23\ Id.
---------------------------------------------------------------------------

    The Commission is instituting proceedings to allow for additional 
analysis of, and input from commenters with respect to, the consistency 
of the proposal with Section 6(b)(5) \24\ of the Act. Section 6(b)(5) 
of the Act requires that the rules of a national securities exchange be 
designed, among other things, to promote just and equitable principles 
of trade, to remove impediments to and perfect the mechanism of a free 
and open market and a national market system and, in general, to 
protect investors and the public interest, and not be designed to 
permit unfair discrimination between customers, issuers, brokers, or 
dealers.
---------------------------------------------------------------------------

    \24\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

IV. Procedure: Request for Written Comments

    The Commission requests that interested persons provide written 
submissions of their data, views, and arguments with respect to the 
issues identified above, as well as any other concerns they may have 
with the proposal. In particular, the Commission invites the written 
views of interested persons concerning whether the proposed rule 
change, as modified by Amendment No. 1, is consistent with Section 
6(b)(5) or any other provision of the Act, or rules and regulations 
thereunder. Although there do not appear to be any issues relevant to 
approval or disapproval that would be facilitated by an oral 
presentation of data, views, and arguments, the Commission will 
consider, pursuant to Rule 19b-4 under the Act,\25\ any request for an 
opportunity to make an oral presentation.\26\
---------------------------------------------------------------------------

    \25\ 17 CFR 240.19b-4.
    \26\ Section 19(b)(2) of the Act, as amended by the Securities 
Acts Amendments of 1975, Public Law 94-29 (June 4, 1975), grants to 
the Commission flexibility to determine what type of proceeding--
either oral or notice and opportunity for written comments--is 
appropriate for consideration of a particular proposal by a self-
regulatory organization. See Securities Acts Amendments of 1975, 
Senate Comm. on Banking, Housing & Urban Affairs, S. Rep. No. 75, 
94th Cong., 1st Sess. 30 (1975).
---------------------------------------------------------------------------

    Interested persons are invited to submit written data, views, and 
arguments regarding whether the proposed rule change, as modified by 
Amendment No. 1, should be approved or disapproved by January 11, 2018. 
Any person who wishes to file a rebuttal to any other person's 
submission must file that rebuttal by January 25, 2018. The Commission 
asks that commenters address the sufficiency of the Exchange's 
statements in support of the proposal, which are set forth in Amendment 
No. 1,\27\ in addition to any other comments they may wish to submit 
about the proposed rule change.
---------------------------------------------------------------------------

    \27\ See supra note 6.
---------------------------------------------------------------------------

    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 No. SR-NASDAQ-2017-088 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 No. SR-NASDAQ-2017-088. The 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 website (http://www.sec.gov/rules/sro.shtml). 
Copies of the submission, all subsequent amendments, all written 
statements

[[Page 60639]]

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 website 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. Persons submitting comments are 
cautioned that we do not redact or edit personal identifying 
information from comment submissions. You should submit only 
information that you wish to make available publicly. All submissions 
should refer to File No. SR-NASDAQ-2017-088 and should be submitted by 
January 11, 2018. Rebuttal comments should be submitted by January 25, 
2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\28\
Robert W. Errett,
Deputy Secretary.
---------------------------------------------------------------------------

    \28\ 17 CFR 200.30-3(a)(12); 17 CFR 200.30-3(a)(57).
---------------------------------------------------------------------------

[FR Doc. 2017-27464 Filed 12-20-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                                         Federal Register / Vol. 82, No. 244 / Thursday, December 21, 2017 / Notices                                                     60637

                                               Agreements in the Mail Classification                   SECURITIES AND EXCHANGE                                 Commission is publishing this notice
                                               Schedule’s Competitive Products List.                   COMMISSION                                              and order to solicit comments on the
                                                                                                                                                               proposed rule change, as modified by
                                               DATES: Date of notice required under 39                 [Release No. 34–82335; File No. SR–
                                                                                                                                                               Amendment No. 1, from interested
                                               U.S.C. 3642(d)(1): December 21, 2017.                   NASDAQ–2017–088]
                                                                                                                                                               persons and to institute proceedings
                                               FOR FURTHER INFORMATION CONTACT:                        Self-Regulatory Organizations; The                      pursuant to Section 19(b)(2)(B) of the
                                               Elizabeth A. Reed, 202–268–3179.                        Nasdaq Stock Market LLC; Notice of                      Act 7 to determine whether to approve
                                                                                                       Filing of Amendment No. 1 and Order                     or disapprove the proposed rule change,
                                               SUPPLEMENTARY INFORMATION:      The                                                                             as modified by Amendment No. 1.
                                                                                                       Instituting Proceedings To Determine
                                               United States Postal Service® hereby
                                                                                                       Whether To Approve or Disapprove a                      II. Description of the Proposal
                                               gives notice that, pursuant to 39 U.S.C.                Proposed Rule Change, as Modified by
                                               3642 and 3632(b)(3), on December 15,                    Amendment No. 1, To Allow                                 The Exchange proposes to amend
                                               2017, it filed with the Postal Regulatory               Participants To Designate When an                       Nasdaq Rule 4703(a) to allow
                                               Commission a USPS Request to Add                        Order With a RTFY or SCAN Routing                       participants to designate a specific time
                                               Priority Mail Contract 392 to                           Order Attribute Will Be Activated                       during Pre-Market Hours 8 when an
                                               Competitive Product List. Documents                     During Pre-Market Hours                                 order with a RTFY or SCAN routing
                                               are available at www.prc.gov, Docket                                                                            order attribute will be activated.
                                               Nos. MC2018–58, CP2018–95.                              December 15, 2017                                         RTFY is a routing option available for
                                                                                                       I. Introduction                                         an order that qualifies as a designated
                                               Elizabeth A. Reed,                                                                                              retail order under which orders check
                                               Attorney, Corporate and Postal Business Law.               On August 30, 2017, The Nasdaq                       the system for available shares only if so
                                               [FR Doc. 2017–27455 Filed 12–20–17; 8:45 am]            Stock Market LLC (‘‘Exchange’’ or                       instructed by the entering firm and are
                                                                                                       ‘‘Nasdaq’’) filed with the Securities and               thereafter routed to destinations on the
                                               BILLING CODE 7710–12–P
                                                                                                       Exchange Commission (‘‘Commission’’),                   system routing table.9 If shares remain
                                                                                                       pursuant to Section 19(b)(1) of the                     unexecuted after routing, they are
                                               POSTAL SERVICE                                          Securities Exchange Act of 1934                         posted to the Nasdaq book.10 Once on
                                                                                                       (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 a               the book, should the order subsequently
                                               Product Change—First-Class Package                      proposed rule change to amend Nasdaq                    be locked or crossed by another market
                                               Service Negotiated Service Agreement                    Rule 4703(a) to allow participants to                   center, the system will not route the
                                                                                                       designate when an order with a RTFY                     order to the locking or crossing market
                                               AGENCY:    Postal ServiceTM.                            or SCAN routing order attribute will be                 center.11 RTFY is designed to allow
                                                                                                       activated during Pre-Market Hours. The                  orders to participate in the opening,
                                               ACTION:   Notice.                                       proposed rule change was published for                  reopening, and closing process of the
                                                                                                       comment in the Federal Register on                      primary listing market for a security.12
                                               SUMMARY:    The Postal Service gives                    September 18, 2017.3 On October 31,                     SCAN is a routing option under which
                                               notice of filing a request with the Postal              2017, pursuant to Section 19(b)(2) of the               orders check the system for available
                                               Regulatory Commission to add a                          Act,4 the Commission designated a                       shares and simultaneously route the
                                               domestic shipping services contract to                  longer period within which to approve                   remaining shares to destinations on the
                                               the list of Negotiated Service                          the proposed rule change, disapprove                    system routing table.13 If shares remain
                                               Agreements in the Mail Classification                   the proposed rule change, or institute                  unexecuted after routing, they are
                                               Schedule’s Competitive Products List.                   proceedings to determine whether to                     posted on the Nasdaq book.14 Once on
                                                                                                       approve or disapprove the proposed                      the book, should the order subsequently
                                               DATES: Date of notice required under 39                 rule change.5 The Commission has
                                               U.S.C. 3642(d)(1): December 21, 2017.                                                                           be locked or crossed by another market
                                                                                                       received no comment letters on the                      center, the system will not route the
                                               FOR FURTHER INFORMATION CONTACT:                        proposed rule change. On December 13,
                                               Elizabeth A. Reed, 202–268–3179.                        2017, the Exchange filed Amendment                      provided additional discussion regarding members’
                                                                                                       No. 1 to the proposed rule change.6 The                 best execution obligations and the application of
                                               SUPPLEMENTARY INFORMATION:      The                                                                             the Exchange’s regulatory checks associated with
                                               United States Postal Service® hereby                      1 15  U.S.C. 78s(b)(1).                               the proposed functionality, and reminded members
                                                                                                                                                               of their regulatory obligations (e.g., Market Access
                                               gives notice that, pursuant to 39 U.S.C.                  2 17  CFR 240.19b–4.
                                                                                                                                                               Rule, Regulation SHO) when using the proposed
                                                                                                          3 See Securities Exchange Act Release No. 81579
                                               3642 and 3632(b)(3), on December 15,                                                                            functionality. Amendment No. 1 is available at
                                                                                                       (September 12, 2017), 82 FR 43584.
                                               2017, it filed with the Postal Regulatory                  4 15 U.S.C. 78s(b)(2).
                                                                                                                                                               https://www.sec.gov/comments/sr-nasdaq-2017-
                                                                                                                                                               088/nasdaq2017088-2798107-161689.pdf.
                                               Commission a USPS Request to Add                           5 See Securities Exchange Act Release No. 81986,        7 15 U.S.C. 78s(b)(2)(B).
                                               First-Class Package Service Contract 87                 82 FR 51453 (November 6, 2017). The Commission             8 ‘‘Pre-Market Hours’’ means the period of time
                                               to Competitive Product List. Documents                  designated December 17, 2017 as the date by which       beginning at 4:00 a.m. ET and ending immediately
                                                                                                       the Commission shall approve or disapprove, or
                                               are available at www.prc.gov, Docket                    institute proceedings to determine whether to
                                                                                                                                                               prior to the commencement of Market Hours. See
                                               Nos. MC2018–59, CP2018–98.                                                                                      Nasdaq Rule 4701(g). ‘‘Market Hours’’ means the
                                                                                                       approve or disapprove, the proposed rule change.        period of time beginning at 9:30 a.m. ET and ending
                                                                                                          6 In Amendment No. 1, the Exchange: (1)
                                               Elizabeth A. Reed,                                                                                              at 4:00 p.m. ET (or such earlier time as may be
                                                                                                       Modified the proposal to allow participants             designated by Nasdaq on a day when Nasdaq closes
                                               Attorney, Corporate and Postal Business Law.            entering an order with the RTFY or SCAN routing         early). See id. ‘‘System Hours’’ means the period of
                                                                                                       order attribute to designate the order to activate at   time beginning at 4:00 a.m. ET and ending at 8:00
                                               [FR Doc. 2017–27456 Filed 12–20–17; 8:45 am]
                                                                                                       a specific time during Pre-Market Hours (rather         p.m. ET (or such earlier time as may be designated
daltland on DSKBBV9HB2PROD with NOTICES




                                               BILLING CODE 7710–12–P                                  than System Hours) on the same day; (2) specified       by Nasdaq on a day when Nasdaq closes early). See
                                                                                                       that the proposed functionality would be offered on     id.
                                                                                                       a port level basis; (3) stated that all of the times-      9 See Nasdaq Rule 4758(a)(1)(A)(v)b.
                                                                                                       in-force in Nasdaq Rule 4703(a) currently apply to         10 See id.
                                                                                                       orders with the RTFY or SCAN routing order                 11 See id.
                                                                                                       attribute and made corresponding clarifications and
                                                                                                                                                                  12 See id.
                                                                                                       corrections throughout the proposal; (4) provided
                                                                                                                                                                  13 See Nasdaq Rule 4758(a)(1)(A)(iv).
                                                                                                       additional information regarding why participants
                                                                                                       might use the proposed functionality; and (5)              14 See id.




                                          VerDate Sep<11>2014   20:57 Dec 20, 2017   Jkt 244001   PO 00000   Frm 00060   Fmt 4703   Sfmt 4703   E:\FR\FM\21DEN1.SGM    21DEN1


                                               60638                     Federal Register / Vol. 82, No. 244 / Thursday, December 21, 2017 / Notices

                                               order to the locking or crossing market                 time in view of the legal and policy                     proposed rule change, as modified by
                                               center.15                                               issues raised by the proposal, as                        Amendment No. 1, is consistent with
                                                  Nasdaq Rule 4703(a) provides the                     discussed below. Institution of                          Section 6(b)(5) or any other provision of
                                               times-in-force that may be assigned to                  proceedings does not indicate that the                   the Act, or rules and regulations
                                               orders entered into the system.                         Commission has reached any                               thereunder. Although there do not
                                               According to Nasdaq Rule 4703(a),                       conclusions with respect to any of the                   appear to be any issues relevant to
                                               participants specify an order’s time-in-                issues involved. Rather, as described                    approval or disapproval that would be
                                               force by designating a time at which the                below, the Commission seeks and                          facilitated by an oral presentation of
                                               order will become active and a time at                  encourages interested persons to                         data, views, and arguments, the
                                               which the order will cease to be active.                provide additional comment on the                        Commission will consider, pursuant to
                                               All of the times-in-force currently                     proposed rule change, as modified by                     Rule 19b–4 under the Act,25 any request
                                               described in Nasdaq Rule 4703(a) are                    Amendment No. 1.                                         for an opportunity to make an oral
                                               applicable to orders with RTFY or                          Pursuant to Section 19(b)(2)(B) of the                presentation.26
                                               SCAN routing order attributes.16                        Act,23 the Commission is providing                          Interested persons are invited to
                                               According to the Exchange, during Pre-                  notice of the grounds for disapproval                    submit written data, views, and
                                               Market Hours, participants usually                      under consideration. As noted above,                     arguments regarding whether the
                                               designate orders with RTFY or SCAN                      during Pre-Market Hours, Exchange                        proposed rule change, as modified by
                                               routing order attributes to activate upon               participants usually designate orders                    Amendment No. 1, should be approved
                                               entry or at 8:00 a.m. ET.17 The Exchange                with the RTFY or SCAN routing order                      or disapproved by January 11, 2018.
                                               now proposes to amend Nasdaq Rule                       attribute to activate upon entry or at                   Any person who wishes to file a rebuttal
                                               4703(a) to provide that a participant                   8:00 a.m. ET. The Exchange now                           to any other person’s submission must
                                               entering an order with the RTFY or                      proposes to permit participants to                       file that rebuttal by January 25, 2018.
                                               SCAN routing order attribute may                        designate orders with the RTFY or                        The Commission asks that commenters
                                               designate the order to activate at a                    SCAN routing order attribute to activate                 address the sufficiency of the
                                               specific time during Pre-Market Hours                   at any time during Pre-Market Hours on                   Exchange’s statements in support of the
                                               on the same day.18 The Exchange                         the same day (i.e., at any specified time                proposal, which are set forth in
                                               proposes to offer this functionality on a               during the period beginning at 4:00 a.m.                 Amendment No. 1,27 in addition to any
                                               port level basis.19 As a result, if, for                ET and ending immediately prior to the                   other comments they may wish to
                                               example, a participant cancels an order                 commencement of Market Hours). As a                      submit about the proposed rule change.
                                               entered through a port set for 8:00 a.m.                result, participants could designate any                    Comments may be submitted by any
                                               ET activation and wishes the order to                   time during Pre-Market Hours (rather                     of the following methods:
                                               instead activate at 8:20 a.m. ET, it must               than only 8:00 a.m. ET) to activate
                                               either have another port set for                        orders with the RTFY or SCAN routing                     Electronic Comments
                                               activation at 8:20 a.m. ET or,                          order attribute, and the time between                      • Use the Commission’s internet
                                               alternatively, enter the order at that time             order entry and order activation could                   comment form (http://www.sec.gov/
                                               for immediate activation.20                             be much longer than is currently the                     rules/sro.shtml); or
                                                  According to the Exchange, as of the                 case.                                                      • Send an email to rule-comments@
                                               time that an order with a RTFY or SCAN                     The Commission is instituting                         sec.gov. Please include File No. SR–
                                               routing order attribute is activated, the               proceedings to allow for additional                      NASDAQ–2017–088 on the subject line.
                                               Exchange would subject orders that are                  analysis of, and input from commenters
                                                                                                                                                                Paper Comments
                                               eligible for display or execution to all of             with respect to, the consistency of the
                                               the Exchange’s standard regulatory                      proposal with Section 6(b)(5) 24 of the                    • Send paper comments in triplicate
                                               checks (including compliance with                       Act. Section 6(b)(5) of the Act requires                 to Secretary, Securities and Exchange
                                               Regulation NMS, Regulation SHO, and                     that the rules of a national securities                  Commission, 100 F Street NE,
                                               relevant Exchange rules), as it currently               exchange be designed, among other                        Washington, DC 20549–1090.
                                               does with all orders upon entry.21                      things, to promote just and equitable                    All submissions should refer to File No.
                                                                                                       principles of trade, to remove                           SR–NASDAQ–2017–088. The file
                                               III. Proceedings To Determine Whether                                                                            number should be included on the
                                                                                                       impediments to and perfect the
                                               To Approve or Disapprove SR–                                                                                     subject line if email is used. To help the
                                                                                                       mechanism of a free and open market
                                               NASDAQ–2017–088, as Modified by                                                                                  Commission process and review your
                                                                                                       and a national market system and, in
                                               Amendment No. 1, and Grounds for                                                                                 comments more efficiently, please use
                                                                                                       general, to protect investors and the
                                               Disapproval Under Consideration                                                                                  only one method. The Commission will
                                                                                                       public interest, and not be designed to
                                                  The Commission is instituting                        permit unfair discrimination between                     post all comments on the Commission’s
                                               proceedings pursuant to Section                         customers, issuers, brokers, or dealers.                 internet website (http://www.sec.gov/
                                               19(b)(2)(B) of the Act 22 to determine                                                                           rules/sro.shtml). Copies of the
                                               whether the proposed rule change, as                    IV. Procedure: Request for Written                       submission, all subsequent
                                               modified by Amendment No. 1, should                     Comments                                                 amendments, all written statements
                                               be approved or disapproved. Institution                   The Commission requests that
                                               of proceedings is appropriate at this                   interested persons provide written                         25 17  CFR 240.19b–4.
                                                                                                       submissions of their data, views, and                      26 Section  19(b)(2) of the Act, as amended by the
                                                 15 See id.                                            arguments with respect to the issues                     Securities Acts Amendments of 1975, Public Law
                                                 16 See Amendment No. 1.                                                                                        94–29 (June 4, 1975), grants to the Commission
                                                                                                       identified above, as well as any other
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                                                 17 See id.                                                                                                     flexibility to determine what type of proceeding—
                                                                                                       concerns they may have with the                          either oral or notice and opportunity for written
                                                 18 Participants may cancel their inactive orders

                                               with RTFY or SCAN routing order attributes at any
                                                                                                       proposal. In particular, the Commission                  comments—is appropriate for consideration of a
                                                                                                       invites the written views of interested                  particular proposal by a self-regulatory
                                               time before they are activated. See id.                                                                          organization. See Securities Acts Amendments of
                                                 19 See id.                                            persons concerning whether the                           1975, Senate Comm. on Banking, Housing & Urban
                                                 20 See id.
                                                                                                                                                                Affairs, S. Rep. No. 75, 94th Cong., 1st Sess. 30
                                                 21 See id.                                              23 Id.                                                 (1975).
                                                 22 15 U.S.C. 78s(b)(2)(B).                              24 15    U.S.C. 78f(b)(5).                                27 See supra note 6.




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                                                                         Federal Register / Vol. 82, No. 244 / Thursday, December 21, 2017 / Notices                                                60639

                                               with respect to the proposed rule                       accommodations to take part because of                U.S.C.-App. 1, and the regulations
                                               change that are filed with the                          a disability should notify the contact                thereunder, Brett Redfearn, Designated
                                               Commission, and all written                             person listed below. The public is                    Federal Officer of the Committee, has
                                               communications relating to the                          invited to submit written statements to               ordered publication of this notice.
                                               proposed rule change between the                        the Committee. The meeting will focus                   Dated: December 15, 2017.
                                               Commission and any person, other than                   on various administrative items and will              Brent J. Fields,
                                               those that may be withheld from the                     include a discussion of liquidity in the              Committee Management Officer.
                                               public in accordance with the                           bond markets.
                                                                                                                                                             [FR Doc. 2017–27444 Filed 12–20–17; 8:45 am]
                                               provisions of 5 U.S.C. 552, will be                     DATES: The public meeting will be held
                                                                                                                                                             BILLING CODE 8011–01–P
                                               available for website viewing and                       on Thursday, January 11, 2018. Written
                                               printing in the Commission’s Public                     statements should be received on or
                                               Reference Room, 100 F Street NE,                        before January 8, 2018.                               SECURITIES AND EXCHANGE
                                               Washington, DC 20549, on official                       ADDRESSES: The meeting will be held at                COMMISSION
                                               business days between the hours of                      the Commission’s headquarters, 100 F
                                               10:00 a.m. and 3:00 p.m. Copies of the                  Street NE, Washington, DC. Written                    [SEC File No. 270–251, OMB Control No.
                                               filing also will be available for                                                                             3235–0256]
                                                                                                       statements may be submitted by any of
                                               inspection and copying at the principal                 the following methods:
                                               office of the Exchange. All comments                                                                          Submission for OMB Review;
                                               received will be posted without change.                 Electronic Statements                                 Comment Request
                                               Persons submitting comments are                           • Use the Commission’s internet                     Upon Written Request Copies Available
                                               cautioned that we do not redact or edit                 submission form (http://www.sec.gov/                   From: Securities and Exchange
                                               personal identifying information from                   rules/other.shtml); or                                 Commission, Office of FOIA Services,
                                               comment submissions. You should                           • Send an email message to rule-                     100 F Street NE, Washington, DC
                                               submit only information that you wish                   comments@sec.gov. Please include File                  20549–2736.
                                               to make available publicly. All                         Number 265–30 on the subject line; or                 Extension:
                                               submissions should refer to File No.                                                                            Form F–3.
                                               SR–NASDAQ–2017–088 and should be                        Paper Statements
                                               submitted by January 11, 2018. Rebuttal                   • Send paper statements in triplicate                  Notice is hereby given that, pursuant
                                               comments should be submitted by                         to Brent J. Fields, Federal Advisory                  to the Paperwork Reduction Act of 1995
                                               January 25, 2018.                                       Committee Management Officer,                         (44 U.S.C. 3501 et seq.), the Securities
                                                                                                       Securities and Exchange Commission,                   and Exchange Commission
                                                 For the Commission, by the Division of                                                                      (‘‘Commission’’) is soliciting comments
                                               Trading and Markets, pursuant to delegated              100 F Street NE, Washington, DC
                                               authority.28                                            20549–1090.                                           on the collection of information
                                                                                                                                                             summarized below. The Commission
                                               Robert W. Errett,                                       All submissions should refer to File No.
                                                                                                                                                             plans to submit this existing collection
                                               Deputy Secretary.                                       265–30. This file number should be
                                                                                                                                                             of information to the Office of
                                               [FR Doc. 2017–27464 Filed 12–20–17; 8:45 am]            included on the subject line if email is
                                                                                                                                                             Management and Budget for extension
                                               BILLING CODE 8011–01–P                                  used. To help us process and review
                                                                                                                                                             and approval.
                                                                                                       your statement more efficiently, please                  Form F–3 (17 CFR 239.33) is used by
                                                                                                       use only one method. The Commission                   foreign issuers to register securities
                                               SECURITIES AND EXCHANGE                                 will post all statements on the                       pursuant to the Securities Act of 1933
                                               COMMISSION                                              Commission’s internet website at SEC                  (15 U.S.C. 77a et seq.). The information
                                               [Release No. 34–82338; File No. 265–30]
                                                                                                       website at (http://www.sec.gov/                       collected is intended to ensure that the
                                                                                                       comments/265-30/265-30.shtml).                        information required to be filed by the
                                               Fixed Income Market Structure                             Statements also will be available for               Commission permits verification of
                                               Advisory Committee                                      website viewing and printing in the                   compliance with securities law
                                                                                                       Commission’s Public Reference Room,                   requirements and assures the public
                                               AGENCY: Securities and Exchange                         100 F Street NE, Room 1580,
                                               Commission.                                                                                                   availability of such information. Form
                                                                                                       Washington, DC 20549, on official                     F–3 takes approximately 167 hours per
                                               ACTION: Notice of meeting.                              business days between the hours of                    response and is filed by approximately
                                                                                                       10:00 a.m. and 3:00 p.m. All statements               112 respondents. We estimate that 25%
                                               SUMMARY:   The Securities and Exchange
                                                                                                       received will be posted without change.               of the 167 hours per response (41.75
                                               Commission Fixed Income Market
                                                                                                       Persons submitting comments are                       hours) is prepared by the registrant for
                                               Structure Advisory Committee is
                                                                                                       cautioned that we do not redact or edit               a total annual reporting burden of 4,676
                                               providing notice that it will hold a
                                                                                                       personal identifying information from                 hours (41.75 hours per response × 112
                                               public meeting on Thursday, January
                                                                                                       submissions. You should submit only                   responses).
                                               11, 2018, in Multi-Purpose Room LL–
                                                                                                       information that you wish to make                        An agency may not conduct or
                                               006 at the Commission’s headquarters,
                                                                                                       available publicly.                                   sponsor, and a person is not required to
                                               100 F Street NE, Washington, DC. The
                                                                                                       FOR FURTHER INFORMATION CONTACT:                      respond to, a collection of information
                                               meeting will begin at 9:30 a.m. (ET) and
                                               will be open to the public, except for the              David Dimitrious, Senior Special                      unless it displays a currently valid
                                               period during lunch when the                            Counsel, at (202) 551–5131, or Benjamin               control number.
                                               committee will meet in an                               Bernstein, Attorney-Adviser, at (202)                    The public may view the background
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                                               administrative work session. The public                 551–5354, Division of Trading and                     documentation for this information
                                               portions of the meeting will be webcast                 Markets, Securities and Exchange                      collection at the following website,
                                               on the Commission’s website at                          Commission, 100 F Street NE,                          www.reginfo.gov. Comments should be
                                               www.sec.gov. Persons needing special                    Washington DC 20549–3628.                             directed to: (i) Desk Officer for the
                                                                                                       SUPPLEMENTARY INFORMATION: In                         Securities and Exchange Commission,
                                                 28 17 CFR 200.30–3(a)(12); 17 CFR 200.30–             accordance with Section 10(a) of the                  Office of Information and Regulatory
                                               3(a)(57).                                               Federal Advisory Committee Act, 5                     Affairs, Office of Management and


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Document Created: 2018-10-25 11:00:20
Document Modified: 2018-10-25 11:00:20
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 Citation82 FR 60637 

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