Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Modify NASDAQ's Rule Governing Directed Orders, 8517-8519 [2014-03009]
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Federal Register / Vol. 79, No. 29 / Wednesday, February 12, 2014 / Notices
Paper files are stored in a locked
cabinet in a secure facility with an
intrusion alarm system. Electronic
records are on a secure OPM server in
a limited access room. Access to the
records is limited to those individuals
who have a need to know the
information in the performance of their
official duties.
b. Date and place of birth.
c. Social Security Number.
d. Any available information
regarding the type of record involved to
include the date of training.
e. The address to which the record
information should be sent.
f. You must sign your request.
In addition, the requester must
provide an original notarized statement
or an unsworn declaration in
accordance with 28 U.S.C. 1746, in the
following format: I declare (or certify,
verify, or state) under penalty of perjury
that the foregoing is true and correct.
Executed on (date). (Signature).
Attorneys or other persons acting on
behalf of an individual must provide
written authorization from that
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on their behalf. The written
authorization must also include an
original notarized statement or an
unsworn declaration in accordance with
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I declare (or certify, verify, or state)
under penalty of perjury that the
foregoing is true and correct. Executed
on (date). (Signature).
Individuals requesting access must
also comply with OPM’s Privacy Act
regulations regarding verification of
identity and access to records (5 CFR
part 297).
RETENTION AND DISPOSAL:
AMENDMENT PROCEDURES:
Individual training records will be
maintained indefinitely until a retention
schedule is approved by NARA.
Individuals wishing to request
amendment to their non-exempt records
should contact the Federal
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writing. Requests should be directed
only to the U.S. OPM Federal
Investigative Services. Individuals must
furnish the following information for
their records to be located and
identified:
a. Full name, former name, and any
other names used.
b. Date and place of birth.
c. Social Security Number.
d. Any available information
regarding the type of record involved to
include the date of the training.
e. The address to which the record
information should be sent.
f. You must sign your request
In addition, the requester must
provide an original notarized statement
or an unsworn declaration in
accordance with 28 U.S.C. 1746, in the
following format: I declare (or certify,
verify, or state) under penalty of perjury
that the foregoing is true and correct.
Executed on (date). (Signature).
Attorneys or other persons acting on
behalf of an individual must provide
written authorization from that
individual for the representative to act
on their behalf. The written
pertinent to the individual’s fitness and
qualification for training and to provide
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DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
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POLICIES AND PRACTICE FOR STORING,
RETRIEVING, ACCESSING, RETAINING AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
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electronically or on paper in secure
facilities in locked cabinets. The records
are stored on computer tapes, as digital
images, on CD–ROM and in electronic
databases.
RETRIEVABILITY:
Records are retrieved by the name,
social security number and/or other
unique identifier of the individual on
whom they are maintained.
SAFEGUARDS:
SYSTEM MANAGER(S) AND ADDRESS:
Associate Director, Federal
Investigative Services, U.S. Office of
Personnel Management, PO Box 618,
1137 Branchton Road, Boyers, PA
16018.
mstockstill on DSK4VPTVN1PROD with NOTICES
NOTIFICATION AND RECORD ACCESS PROCEDURE:
Specific materials in this system have
been exempted from Privacy Act
provisions at 5 U.S.C. 552a(c)(3) and (d),
regarding accounting of disclosures, and
access to and amendment of records.
The section of this notice titled Systems
Exempted from Certain Provisions of the
Act indicates the kinds of material
exempted and the reasons for exempting
them from access.
Individuals wishing to learn whether
this system contains information about
them or to request access should contact
the FOI/PA, U.S. Office of Personnel
Management, Federal Investigative
Services, P.O. Box 618, 1137 Branchton
Road, Boyers, PA 16018–0618, in
writing. Written requests must contain
the following information:
a. Full name, former name, and any
other names used.
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8517
authorization must also include an
original notarized statement or an
unsworn declaration in accordance with
28 U.S.C. 1746, in the following format:
I declare (or certify, verify, or state)
under penalty of perjury that the
foregoing is true and correct. Executed
on (date). (Signature).
Individuals requesting amendment
must also comply with OPM’s Privacy
Act regulations regarding verification of
identity and amendment of records (5
CFR part 297).
RECORD SOURCE CATEGORIES:
Information originates within OPM,
from the individual to whom the record
pertains, and external educational
institutions and training facilities.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS
OF THE ACT:
OPM has claimed that all information
in these records that meets the criteria
stated in 5 U.S.C. 552a(k) (6) is exempt
from the requirements of the Privacy
Act that relate to providing an
accounting of disclosures to the data
subject, and access to and amendment
of records (5 U.S.C. 552a(c)(3) and (d)).
This system may contain the
following types of information:
Testing and examination materials
that are used solely to determine
individual qualifications for
appointment or promotion in the
Federal service, when disclosure of the
material would compromise the
objectivity or fairness of the testing or
examination process.
[FR Doc. 2014–02984 Filed 2–11–14; 8:45 am]
BILLING CODE 6325–53–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–71504; File No. SR–
NASDAQ–2014–010]
Self-Regulatory Organizations; The
NASDAQ Stock Market LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change To Modify
NASDAQ’s Rule Governing Directed
Orders
February 6, 2014.
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 January
24, 2014, The NASDAQ Stock Market
LLC (‘‘NASDAQ’’ or ‘‘Exchange’’) filed
with the Securities and Exchange
Commission (‘‘Commission’’) the
proposed rule change as described in
1 15
2 17
E:\FR\FM\12FEN1.SGM
U.S.C. 78s(b)(1).
CFR 240.19b–4.
12FEN1
8518
Federal Register / Vol. 79, No. 29 / Wednesday, February 12, 2014 / Notices
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.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to modify
NASDAQ’s rule governing Directed
Orders. The text of the proposed rule
change is available on the Exchange’s
Web site at https://
nasdaq.cchwallstreet.com, at the
principal office of the Exchange, at the
Commission’s Public Reference Room,
and on the Commission’s Web site at
https://www.sec.gov.
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
mstockstill on DSK4VPTVN1PROD with NOTICES
1. Purpose
NASDAQ Rule 4751(f)(9) governs the
use of Directed Orders on NASDAQ. As
described in the current rule, Directed
Orders are orders that are directed to an
exchange other than NASDAQ, as
directed by the entering party, without
checking the NASDAQ book. If a
Directed Order is unexecuted, the order
(or unexecuted portion thereof) is
returned to the entering party. Thus, a
Directed Order will execute at another
venue if the venue has liquidity
available at the price of the order and if
its execution would be consistent with
Regulation NMS. A Directed Order may
be designated as an Intermarket Sweep
Order.
NASDAQ is proposing to modify the
rule to make it clear that a Directed
Order may be sent to an exchange, or to
any other automated trading center. The
change is necessitated by the fact that in
the near future (as early as February 3,
2014), an electronic communications
network that currently displays its
automated quotations through another
VerDate Mar<15>2010
17:11 Feb 11, 2014
Jkt 232001
exchange is expected to begin
displaying its quotations through the
Financial Industry Regulatory
Authority’s Automated Display Facility
(the ‘‘ADF’’).3 Since a Directed Order
sent to the ADF would technically not
be sent to an exchange, the change in
the rule text will accommodate this
refinement to the Directed Order
functionality. The Directed Order
functionality is not available, and will
not under the change be made available,
to direct orders to trading venues that
do not display quotations.
2. Statutory Basis
NASDAQ believes that the proposed
rule change is consistent with the
provisions of Section 6 of the Act,4 in
general, and with Section 6(b)(5) of the
Act 5 in particular, in that the proposal
is designed to prevent fraudulent and
manipulative acts and practices, to
promote just and equitable principles of
trade, to foster cooperation and
coordination with persons engaged in
regulating, clearing, settling, processing
information with respect to, and
facilitating transactions in securities, to
remove impediments to and perfect the
mechanism of a free and open market
and a national market system, and, in
general, to protect investors and the
public interest. Specifically, NASDAQ
believes that the change will make it
clear that NASDAQ may route Directed
Orders to the entities quoting on the
ADF, as well as to exchanges, thereby
facilitating transactions in securities for
which entities quoting on the ADF are
posting liquidity at prices favorable to
market participants.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
NASDAQ does not believe that the
proposed rule change will result in any
burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act, as amended.
Specifically, the change has the
potential to increase the
competitiveness of NASDAQ’s routing
functionality while also ensuring that
NASDAQ members may use NASDAQ
to access liquidity available on entities
that are quoting on the ADF.
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.
3 https://www.lavatrading.com/news/pdf/
LavaFlow_ADF_Migration.pdf.
4 15 U.S.C. 78f.
5 15 U.S.C. 78f(b)(5).
PO 00000
Frm 00090
Fmt 4703
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III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule
change does not: (i) Significantly affect
the protection of investors or the public
interest; (ii) impose any significant
burden on competition; and (iii) become
operative for 30 days from the date on
which it was filed, or such shorter time
as the Commission may designate, it has
become effective pursuant to Section
19(b)(3)(A)(ii) of the Act 6 and
subparagraph (f)(6) of Rule 19b–4 7
thereunder.
A proposed rule change filed under
Rule 19b–4(f)(6) 8 normally does not
become operative prior to 30 days after
the date of the filing. However, pursuant
to Rule 19b–4(f)(6)(iii),9 the Commission
may designate a shorter time if such
action is consistent with the protection
of investors and the public interest. The
Exchange has asked the Commission to
waive the 30-day operative delay so that
the proposal may become operative
immediately upon filing.
The Exchange has requested the
Commission to waive the 30-day
operative delay, as well as the 5-day
pre-filing requirement, so that the
proposed rule change may become
effective and operative upon filing. The
Commission believes that waiving the
30-day operative delay and the 5-day
pre-filing requirement are consistent
with the protection of investors and the
public interest. NASDAQ wishes to
modify its rule to make it clear that a
Directed Order may be sent to an
exchange or to any automated trading
center. Waiver will allow the Exchange
to immediately implement the proposed
rule change, thereby reducing the
potential for confusion among member
organizations and the public about
whether a Directed Order can be sent to
the ADF or any other automated trading
center. Therefore, the Commission
hereby waives the 30-day operative
delay and designates the proposal
operative upon filing.10
At any time within 60 days of the
filing of the proposed rule change, the
6 15
U.S.C. 78s(b)(3)(a)(ii).
CFR 240.19b–4(f)(6). In addition, Rule 19b–
4(f)(6) requires the Exchange to give the
Commission written notice of the Exchange’s intent
to file the proposed rule change, along with a brief
description and text of the proposed rule change,
at least five business days prior to the date of filing
of the proposed rule change, or such shorter time
as designated by the Commission. The Exchange
has requested a waiver of this requirement.
8 17 CFR 240.19b–4(f)(6).
9 17 CFR 240.19b–4(f)(6)(iii).
10 For purposes only of waiving the 30-day
operative delay, the Commission has considered the
proposed rule’s impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
7 17
E:\FR\FM\12FEN1.SGM
12FEN1
Federal Register / Vol. 79, No. 29 / Wednesday, February 12, 2014 / Notices
Commission summarily may
temporarily suspend such rule change if
it appears to the Commission that such
action is: (i) Necessary or appropriate in
the public interest; (ii) for the protection
of investors; or (iii) otherwise in
furtherance of the purposes of the Act.
If the Commission takes such action, the
Commission shall institute proceedings
to determine whether the proposed rule
should be approved or disapproved.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views, and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
mstockstill on DSK4VPTVN1PROD with NOTICES
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml ); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
NASDAQ–2014–010 on the subject line.
Paper Comments
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
100 F Street NE., Washington, DC
20549–1090.
All submissions should refer to File
Number SR–NASDAQ–2014–010. 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 (https://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
VerDate Mar<15>2010
17:11 Feb 11, 2014
Jkt 232001
8519
information that you wish to make
available publicly. All submissions
should refer to File Number SR–
NASDAQ–2014–010, and should be
submitted on or before March 5, 2014.
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.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.11
Kevin M. O’Neill,
Deputy Secretary.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule
Change
[FR Doc. 2014–03009 Filed 2–11–14; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–71502; File No. SR–MIAX–
2014–06]
Self-Regulatory Organizations; Miami
International Securities Exchange LLC;
Notice of Filing and Immediate
Effectiveness of a Proposed Rule
Change To Amend Its Fee Schedule
February 6, 2014.
Pursuant to the provisions of 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 January 29, 2014, Miami
International Securities Exchange LLC
(‘‘MIAX’’ or ‘‘Exchange’’) filed with the
Securities and Exchange Commission
(‘‘Commission’’) a proposed rule change
as described in Items I, II, and III below,
which Items have been prepared by the
Exchange. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange is filing a proposal to
amend its Fee Schedule.
The text of the proposed rule change
is available on the Exchange’s Web site
at https://www.miaxoptions.com/filter/
wotitle/rule_filing, at MIAX’s principal
office, and at the Commission’s Public
Reference Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
Exchange included statements
concerning the purpose of and basis for
the proposed rule change and discussed
any comments it received on the
proposed rule change. The text of these
statements may be examined at the
11 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
PO 00000
Frm 00091
Fmt 4703
Sfmt 4703
1. Purpose
The Exchange proposes to establish a
$0.30 transaction fee for executions in
standard option contracts and $0.03
transaction fee for Mini Option
contracts for non-member broker-dealers
on the Exchange.
The current transaction fees for nonmember broker dealers on the Exchange
are $0.45 per contract for standard
options or $0.045 for Mini Options.3
The Exchange proposes lowering the
non-member broker-dealer transaction
fees to bring the fee rates in line with
several competing exchanges.4 The
proposed transaction fees are designed
both to enhance the Exchange’s
competitiveness with other option
exchanges and to strengthen its market
quality. The Exchange believes that the
new transaction fees will increase both
intermarket and intramarket
competition by incenting broker-dealers
on other exchanges to direct additional
orders to the Exchange to allow the
Exchange to compete more effectively
with other options exchanges for such
transactions. To the extent that this
purpose is achieved, the Exchange
believes that other market participants
on the Exchange will benefit from the
additional liquidity and trading
opportunities available from such
orders.
The Exchange proposes to implement
the new transaction fees beginning
February 1, 2014.
2. Statutory Basis
The Exchange believes that its
proposal to amend its fee schedule is
consistent with Section 6(b) of the Act 5
in general, and furthers the objectives of
Section 6(b)(4) of the Act 6 in particular,
in that it is an equitable allocation of
reasonable fees and other charges among
Exchange members.
The Exchange believes that the
proposal is fair, equitable and not
unreasonably discriminatory. The
3 See MIAX Options Fee Schedule, Section
1(a)(ii)—Other Market Participant Transaction Fees.
4 See NYSE Amex Options Fee Schedule, p. 4
(Tiered rates starting at $0.32 per contract for
electronic broker-dealers); ISE Schedule of Fees, p.
6 ($0.30 per contract for broker-dealers in NonSelect Symbols).
5 15 U.S.C. 78f(b).
6 15 U.S.C. 78f(b)(4).
E:\FR\FM\12FEN1.SGM
12FEN1
Agencies
[Federal Register Volume 79, Number 29 (Wednesday, February 12, 2014)]
[Notices]
[Pages 8517-8519]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-03009]
=======================================================================
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-71504; File No. SR-NASDAQ-2014-010]
Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Modify NASDAQ's Rule Governing Directed Orders
February 6, 2014.
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 January 24, 2014, The NASDAQ Stock Market LLC (``NASDAQ'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in
[[Page 8518]]
Items I and II, below, which Items have been prepared by the Exchange.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to modify NASDAQ's rule governing Directed
Orders. The text of the proposed rule change is available on the
Exchange's Web site at https://nasdaq.cchwallstreet.com, at the
principal office of the Exchange, at the Commission's Public Reference
Room, and on the Commission's Web site at https://www.sec.gov.
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
NASDAQ Rule 4751(f)(9) governs the use of Directed Orders on
NASDAQ. As described in the current rule, Directed Orders are orders
that are directed to an exchange other than NASDAQ, as directed by the
entering party, without checking the NASDAQ book. If a Directed Order
is unexecuted, the order (or unexecuted portion thereof) is returned to
the entering party. Thus, a Directed Order will execute at another
venue if the venue has liquidity available at the price of the order
and if its execution would be consistent with Regulation NMS. A
Directed Order may be designated as an Intermarket Sweep Order.
NASDAQ is proposing to modify the rule to make it clear that a
Directed Order may be sent to an exchange, or to any other automated
trading center. The change is necessitated by the fact that in the near
future (as early as February 3, 2014), an electronic communications
network that currently displays its automated quotations through
another exchange is expected to begin displaying its quotations through
the Financial Industry Regulatory Authority's Automated Display
Facility (the ``ADF'').\3\ Since a Directed Order sent to the ADF would
technically not be sent to an exchange, the change in the rule text
will accommodate this refinement to the Directed Order functionality.
The Directed Order functionality is not available, and will not under
the change be made available, to direct orders to trading venues that
do not display quotations.
---------------------------------------------------------------------------
\3\ https://www.lavatrading.com/news/pdf/LavaFlow_ADF_Migration.pdf.
---------------------------------------------------------------------------
2. Statutory Basis
NASDAQ believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\4\ in general, and with Section
6(b)(5) of the Act \5\ in particular, in that the proposal is designed
to prevent fraudulent and manipulative acts and practices, to promote
just and equitable principles of trade, to foster cooperation and
coordination with persons engaged in regulating, clearing, settling,
processing information with respect to, and facilitating transactions
in securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general, to
protect investors and the public interest. Specifically, NASDAQ
believes that the change will make it clear that NASDAQ may route
Directed Orders to the entities quoting on the ADF, as well as to
exchanges, thereby facilitating transactions in securities for which
entities quoting on the ADF are posting liquidity at prices favorable
to market participants.
---------------------------------------------------------------------------
\4\ 15 U.S.C. 78f.
\5\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
B. Self-Regulatory Organization's Statement on Burden on Competition
NASDAQ does not believe that the proposed rule change will result
in any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act, as amended. Specifically, the
change has the potential to increase the competitiveness of NASDAQ's
routing functionality while also ensuring that NASDAQ members may use
NASDAQ to access liquidity available on entities that are quoting on
the ADF.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received from Members, Participants, or Others
No written comments were either solicited or received.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A)(ii) of the Act \6\ and
subparagraph (f)(6) of Rule 19b-4 \7\ thereunder.
---------------------------------------------------------------------------
\6\ 15 U.S.C. 78s(b)(3)(a)(ii).
\7\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change, along with a
brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has requested a waiver of this requirement.
---------------------------------------------------------------------------
A proposed rule change filed under Rule 19b-4(f)(6) \8\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\9\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing.
---------------------------------------------------------------------------
\8\ 17 CFR 240.19b-4(f)(6).
\9\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------
The Exchange has requested the Commission to waive the 30-day
operative delay, as well as the 5-day pre-filing requirement, so that
the proposed rule change may become effective and operative upon
filing. The Commission believes that waiving the 30-day operative delay
and the 5-day pre-filing requirement are consistent with the protection
of investors and the public interest. NASDAQ wishes to modify its rule
to make it clear that a Directed Order may be sent to an exchange or to
any automated trading center. Waiver will allow the Exchange to
immediately implement the proposed rule change, thereby reducing the
potential for confusion among member organizations and the public about
whether a Directed Order can be sent to the ADF or any other automated
trading center. Therefore, the Commission hereby waives the 30-day
operative delay and designates the proposal operative upon filing.\10\
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\10\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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At any time within 60 days of the filing of the proposed rule
change, the
[[Page 8519]]
Commission summarily may temporarily suspend such rule change if it
appears to the Commission that such action is: (i) Necessary or
appropriate in the public interest; (ii) for the protection of
investors; or (iii) otherwise in furtherance of the purposes of the
Act. If the Commission takes such action, the Commission shall
institute proceedings to determine whether the proposed rule should be
approved or disapproved.
IV. Solicitation of Comments
Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:
Electronic Comments
Use the Commission's Internet comment form (https://www.sec.gov/rules/sro.shtml ); or
Send an email to rule-comments@sec.gov. Please include
File Number SR-NASDAQ-2014-010 on the subject line.
Paper Comments
Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.
All submissions should refer to File Number SR-NASDAQ-2014-010. 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 (https://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-2014-010, and should
be submitted on or before March 5, 2014.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
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\11\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-03009 Filed 2-11-14; 8:45 am]
BILLING CODE 8011-01-P