Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness To Correct Language in the Text of Rule 4753, 45860-45862 [2014-18582]
Download as PDF
<![CDATA[
45860
Federal Register / Vol. 79, No. 151 / Wednesday, August 6, 2014 / Notices
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 such
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–BYX–
2014–013, and should be submitted on
or before August 27, 2014.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.31
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2014–18534 Filed 8–5–14; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–72736; File No. SR–
NASDAQ–2014–075]
Self-Regulatory Organizations; The
NASDAQ Stock Market LLC; Notice of
Filing and Immediate Effectiveness To
Correct Language in the Text of Rule
4753
mstockstill on DSK4VPTVN1PROD with NOTICES
August 1, 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 July 22,
2014, The NASDAQ Stock Market LLC
(‘‘NASDAQ’’ or ‘‘Exchange’’) filed with
the Securities and Exchange
Commission (‘‘Commission’’) the
proposed rule change as described in
Items I and II below, which Items have
been prepared by the Exchange. The
Commission is publishing this notice to
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 U.S.C. 240.19b–4.
solicit comments on the proposed rule
change from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of the Substance
of the Proposed Rule Change
The Exchange proposes to amend
NASDAQ Rule 4753 to correct
imprecise language in the rule text. The
text of the proposed rule change is
available at https://
nasdaq.cchwallstreet.com/, at the
Exchange’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
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 is amending the language of
Rule 4753 to correct imprecise language
with respect to imbalance information
disseminated prior to the execution of
the NASDAQ Halt Cross (the ‘‘Halt
Cross’’ or ‘‘Cross’’). The NASDAQ Halt
Cross is designed to provide for an
orderly, single-priced opening of
securities subject to an intraday halt,
including securities that are the subject
of an initial public offering (‘‘IPO’’).
Prior to the Cross execution, market
participants enter quotes and orders
eligible for participation in the Cross,
and NASDAQ disseminates certain
information regarding buying and
selling interest entered and the
indicative execution price. The
information disseminated by NASDAQ
is referred to in Rule 4753 as the ‘‘Order
Imbalance Indicator’’, but is sometime
also referred to by NASDAQ and by
market participants as the ‘‘Net Order
Imbalance Indicator’’ or ‘‘NOII’’.
At the time when the security is
released for trading, the Halt Cross will
occur at the price that maximizes the
number of shares of trading interest
eligible for participation in the Cross 3 to
31 17
1 15
VerDate Mar<15>2010
17:14 Aug 05, 2014
3 ‘‘Eligible Interest’’ is defined as any quotation or
any order that may be entered into the system and
Jkt 232001
PO 00000
Frm 00107
Fmt 4703
Sfmt 4703
be executed. If there is more than one
such price, the Cross will occur at the
price that minimizes any Imbalance,
which is defined in the rule as ‘‘the
number of shares of Eligible Interest that
may not be matched with other order
shares at a particular price at any given
time.’’ 4 The NOII is disseminated every
five seconds during a designated period
prior to the completion of the Halt
Cross, in order to provide market
participants with information regarding
the possible price and volume of the
Cross. The information includes the
Current Reference Price, which is the
price at which the Cross would occur if
it executed at the time of the NOII’s
dissemination, and the number of shares
of Eligible Interest that would be paired
at that price. Rule 4753 also provides
that the NOII includes ‘‘the size of any
Imbalance’’ and ‘‘the buy/sell direction
of any Imbalance’’, as well as ‘‘an
indicator for ‘market buy’ or ‘market
sell’ ’’ ‘‘[i]f marketable buy (sell) shares
would remain unexecuted above
(below) [the Current Reference Price]’’.
While the NOII does provide certain
information regarding shares that might
not be executed in the Cross, the
information provided is not precisely
described by the defined term
‘‘Imbalance’’. It appears, however, that
the original drafter of the rule
concluded that because the NOII does
include certain information that might
be generally understood to concern
imbalances, the defined term used for
determining the Cross price would also
serve to describe the NOII. This
conclusion may have also been
influenced by the text of Rules 4752 and
4754, which describe the NASDAQ
Opening Cross and the NASDAQ
Closing Cross and which accurately use
a similar defined term to describe
information provided by the NOII for
those crosses. However, the NOII for the
Halt Cross provides information about
shares that might not be executed in the
Cross only when the ‘market buy’ or
‘market sell’ indicator described in
current Rule 4753(a)(2)(E)(iii) is being
disseminated, in which case the number
of shares of Eligible Interest entered
through market orders that would not be
executed in the Cross would be
disseminated.5 NASDAQ believes that
the dissemination of imbalance
designated with a time-in-force of SIOC, SDAY,
SGTC, MIOC, MDAY, MGTC, SHEX or GTMC.
These respective times-in-force are defined in Rule
4751.
4 Additional provisions of Rule 4753, not
pertinent to this proposed rule change, are used to
determined the price in the event that there is more
than one price that minimizes any Imbalance.
5 The information disseminated does not include
marketable limit orders.
E:\FR\FM\06AUN1.SGM
06AUN1
Federal Register / Vol. 79, No. 151 / Wednesday, August 6, 2014 / Notices
information focused on unmatched
market orders because the Cross cannot
occur if not all market orders would be
executed. Therefore, the information is
designed to solicit offsetting liquidity
that would allow the Cross to execute.
NASDAQ further believes that the
information currently provided through
the NOII is well understood by market
participants, and that as a result, a
modification to the rule text to clarify it
will not result in any confusion or
alteration in expectations on the part of
market participants.
To address this issue in a
comprehensive manner, NASDAQ is
proposing to adopt a new defined
term—Market Order Imbalance—that
will be defined as ‘‘the number of shares
of Eligible Interest entered through
market orders that would not be
matched with other order shares at the
time of the dissemination of an Order
Imbalance Indicator.’’ NASDAQ is then
proposing to amend current Rule
4753(a)(2)(C) and (D) to provide that the
NOII includes the size and buy/sell
direction of a Market Order Imbalance,
rather than an Imbalance. Finally,
NASDAQ proposes to delete Rule
4753(a)(2)(E)(iii), since it describes the
buy/sell direction of a Market Order
Imbalance and is therefore redundant.6
2. Statutory Basis
The Exchange believes the proposed
rule change is consistent with Section
6(b) of the Act 7 in general, and furthers
the objectives of Section 6(b)(5),8 in
particular, in that it is designed to
promote just and equitable principles of
trade, remove impediments to and
perfect the mechanisms of a free and
open market and a national market
system and, in general, to protect
investors and the public interest. The
proposal is consistent with these
purposes because it will ensure that
Rule 4753 clearly describes the
information provided in the NOII for the
Halt Cross.
mstockstill on DSK4VPTVN1PROD with NOTICES
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will impose
any burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act. Because the
proposal is designed merely to ensure
that Rule 4753 clearly describes the
information provided in the NOII for the
Halt Cross, it does not affect
competition in any respect.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
Written comments were neither
solicited nor 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) 9 of the
Act and Rule 19b–4(f)(6) 10 thereunder.
A proposed rule change filed under
Rule 19b–4(f)(6) of the Act 11 normally
does not become operative prior to 30
days after the date of the filing.
However, pursuant to Rule 19b–
4(f)(6)(iii) of the Act,12 the Commission
may designate a shorter time if such
action is consistent with the protection
of investors and the public interest. The
Exchange has requested that the
Commission waive the 30-day operative
delay so that the proposal may become
operative immediately upon filing. The
Exchange believes that because the
proposed rule change is designed solely
to correct and clarify rule text, the
public interest and protection of
investors will be better served by
immediately implementing the
proposed rule change.
The Commission believes that
waiving the 30-day operative delay is
consistent with the protection of
investors and the public interest
because waiver will clarify the rule
immediately, which could prevent
investor confusion with respect to the
rule. The Commission hereby waives
the 30-day operative delay and
designates the proposed rule change to
9 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6). In addition, Rule 19b–
4(f)(6) requires a self-regulatory organization to give
the Commission written notice of its intent to file
the proposed rule change at least five business days
prior to the date of the filing of the proposed rule
change, or such shorter time as designated by the
Commission. The Exchange has satisfied this
requirement.
11 17 CFR 240.19b–4(f)(6).
12 17 CFR 240.19b–4(f)(6)(iii).
10 17
6 NASDAQ is also proposing to eliminate current
reserve subsection (c) of the rule, and to delete
several obsolete references to the NASDAQ
Imbalance Cross, which was otherwise deleted from
the rulebook by Securities Exchange Act Release
No. 67678 (August 16, 2012), 77 FR 50738 (August
22, 2012) (SR–NASDAQ–2012–094)
7 15 U.S.C. 78f(b).
8 15 U.S.C. 78f(b)(5).
VerDate Mar<15>2010
17:14 Aug 05, 2014
Jkt 232001
PO 00000
Frm 00108
Fmt 4703
Sfmt 4703
45861
be operative upon filing with the
Commission.13
At any time within 60 days of the
filing of such proposed rule change, the
Commission summarily may
temporarily suspend such rule change if
it appears to the Commission that such
action is necessary or appropriate in the
public interest, for the protection of
investors, or otherwise in furtherance of
the purposes of the Act. If the
Commission takes such action, the
Commission shall institute proceedings
to determine whether the proposed rule
change 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 rulecomments@sec.gov. Please include File
Number SR–NASDAQ–2014–075 on the
subject line.
Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street NE.,
Washington, DC 20549–1090.
All submissions should refer to File
Number SR–NASDAQ–2014–075. 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.,
13 For purposes only of waiving the 30-day
operative delay, the Commission has also
considered the proposed rule’s impact on
efficiency, competition, and capital formation. See
15 U.S.C. 78c(f).
E:\FR\FM\06AUN1.SGM
06AUN1
45862
Federal Register / Vol. 79, No. 151 / Wednesday, August 6, 2014 / Notices
Washington, DC 20549, on official
business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such
filing also will be available for
inspection and copying at the principal
offices 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–2014–075, and should be
submitted on or before August 27, 2014.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.14
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2014–18582 Filed 8–5–14; 8:45 am]
BILLING CODE 8011–01–P
SOCIAL SECURITY ADMINISTRATION
[Docket No. SSA–2014–0044]
Notice of Senior Executive Service
Performance Review Board
Membership
Social Security Administration.
Notice of Senior Executive
Service Performance Review Board
Membership.
AGENCY:
mstockstill on DSK4VPTVN1PROD with NOTICES
ACTION:
Title 5, U.S. Code, 4314(c)(4), requires
that the appointment of Performance
Review Board members be published in
the Federal Register before service on
said Board begins.
The following persons will serve on
the Performance Review Board which
oversees the evaluation of performance
appraisals of Senior Executive Service
members of the Social Security
Administration:
Donna Calvert
Hyacinth Hinojosa
James Julian
Michael Kramer *
Lydia Marshall
Natalie Lu *
Royce Min
Rosemary Stricks *
David Thomas *
Amy Thompson
Laura Train
* New Member
Dated: July 29, 2014.
Reginald F. Wells,
Deputy Commissioner for Human Resources.
[FR Doc. 2014–18560 Filed 8–5–14; 8:45 am]
BILLING CODE P
14 17
CFR 200.30–3(a)(12).
VerDate Mar<15>2010
17:14 Aug 05, 2014
Jkt 232001
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
[Docket No. FHWA–2014–0028]
Agency Information Collection
Activities: Request for Comments for
the Renewal of a Previously Approved
Information Collection
Federal Highway
Administration (FHWA), DOT.
ACTION: Notice and request for
comments.
AGENCY:
In compliance with the
Paperwork Reduction Act (PRA) of 1995
(44 U.S.C. 3501–3521), this notice
announces that FHWA will submit the
collection of information described
below to the Office of Management and
Budget (OMB) for review and comment.
The Federal Register Notice with a 60day comment period soliciting
comments on the following collection of
information was published on June 5,
2014. The PRA submission describes the
nature of the information collection and
its expected cost and burden.
DATES: Please submit comments by
September 5, 2014.
ADDRESSES: You may submit comments
identified by DOT Docket ID 2014–0028
by any of the following methods:
Web site: For access to the docket to
read background documents or
comments received go to the Federal
eRulemaking Portal: Go to https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Fax: 1–202–493–2251.
Mail: Docket Management Facility,
U.S. Department of Transportation,
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC 20590–0001.
Hand Delivery or Courier: U.S.
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m. ET, Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Ann
Shemaka, 202–366–1575, Office of
Bridge Technology, Federal Highway
Administration, Department of
Transportation, 1200 New Jersey
Avenue SE., Washington, DC 20590,
Monday through Friday, except Federal
holidays.
SUPPLEMENTARY INFORMATION:
Title: National Bridge Inspection
Program.
Background: This collection is
necessary to meet legislative
requirements of Title 23 United States
Code section 144, and the Code of
SUMMARY:
PO 00000
Frm 00109
Fmt 4703
Sfmt 4703
Federal Regulations, 23 Highways Part
650, Subpart C—National Bridge
Inspection Standards which require
States, Federal Agencies, and Tribal
Governments to: (1) Perform and report
inventory data from routine inspections,
fracture critical inspections, and
underwater inspections on all highway
bridges on public roads, and element
level inspections on highway bridges on
the National Highway System; (2) report
costs associated with the replacement of
structurally deficient bridges; and (3)
follow up on critical findings. The
bridge inspection and replacement cost
information that is provided to the
FHWA is on an annual basis. The
critical findings information is
periodically provided to the FHWA. The
bridge information is used for multiple
purposes, including: (1) The
determination of the condition of the
Nation’s bridges which is included in a
biennial report to Congress on the Status
of the Nation’s Bridges; (2) for a report
to the Committee on Transportation and
Infrastructure of the House of
Representatives and the Committee on
Environment and Public Works of the
Senate on the Nation’s bridge inventory;
(3) the data source for executing various
sections of the Federal-aid program
which involve highway bridges; (4) the
data source for assessing the bridge
penalty provisions of Title 23 United
States Code section 119; and (5) for
strategic national defense needs.
Respondents: 52 State highway
agencies including the District of
Columbia and Puerto Rico, Federal
Agencies, and Tribal Governments. The
number of inspections per respondent
varies in accordance with the National
Bridge Inspection Standards.
Estimated Average Burden per
Response: The estimated average burden
for each bridge inspection is 8 hours.
The estimated average burden for each
element level inspection is 25 minutes.
The estimated average burden for each
cost collection report is 90 hours. The
estimated average burden for follow up
on critical findings is 40 hours.
Estimated Total Annual Burden
Hours: The annual burden hours
associated with this renewal is
2,490,118 hours. This estimated figure is
based on 306,800 annual instances for
routine, fracture critical, and
underwater inspections multiplied by 8
hours (2,454,400 hours); plus 69,500
annual element inspections multiplied
by 25 minutes (28,958 hours); plus 90
hours for each cost report multiplied by
52 reports (4,680 hours); plus 40 hours
for follow up on critical findings
multiplied by 52 respondents (2,080
hours) for a combined annual burden of
2,490,118 hours.
E:\FR\FM\06AUN1.SGM
06AUN1
]]>Agencies
[Federal Register Volume 79, Number 151 (Wednesday, August 6, 2014)]
[Notices]
[Pages 45860-45862]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-18582]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-72736; File No. SR-NASDAQ-2014-075]
Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness To Correct Language in the
Text of Rule 4753
August 1, 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 July 22, 2014, The NASDAQ Stock Market LLC (``NASDAQ'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 U.S.C. 240.19b-4.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change
The Exchange proposes to amend NASDAQ Rule 4753 to correct
imprecise language in the rule text. The text of the proposed rule
change is available at https://nasdaq.cchwallstreet.com/, at the
Exchange'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 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 is amending the language of Rule 4753 to correct imprecise
language with respect to imbalance information disseminated prior to
the execution of the NASDAQ Halt Cross (the ``Halt Cross'' or
``Cross''). The NASDAQ Halt Cross is designed to provide for an
orderly, single-priced opening of securities subject to an intraday
halt, including securities that are the subject of an initial public
offering (``IPO''). Prior to the Cross execution, market participants
enter quotes and orders eligible for participation in the Cross, and
NASDAQ disseminates certain information regarding buying and selling
interest entered and the indicative execution price. The information
disseminated by NASDAQ is referred to in Rule 4753 as the ``Order
Imbalance Indicator'', but is sometime also referred to by NASDAQ and
by market participants as the ``Net Order Imbalance Indicator'' or
``NOII''.
At the time when the security is released for trading, the Halt
Cross will occur at the price that maximizes the number of shares of
trading interest eligible for participation in the Cross \3\ to be
executed. If there is more than one such price, the Cross will occur at
the price that minimizes any Imbalance, which is defined in the rule as
``the number of shares of Eligible Interest that may not be matched
with other order shares at a particular price at any given time.'' \4\
The NOII is disseminated every five seconds during a designated period
prior to the completion of the Halt Cross, in order to provide market
participants with information regarding the possible price and volume
of the Cross. The information includes the Current Reference Price,
which is the price at which the Cross would occur if it executed at the
time of the NOII's dissemination, and the number of shares of Eligible
Interest that would be paired at that price. Rule 4753 also provides
that the NOII includes ``the size of any Imbalance'' and ``the buy/sell
direction of any Imbalance'', as well as ``an indicator for `market
buy' or `market sell' '' ``[i]f marketable buy (sell) shares would
remain unexecuted above (below) [the Current Reference Price]''.
---------------------------------------------------------------------------
\3\ ``Eligible Interest'' is defined as any quotation or any
order that may be entered into the system and designated with a
time-in-force of SIOC, SDAY, SGTC, MIOC, MDAY, MGTC, SHEX or GTMC.
These respective times-in-force are defined in Rule 4751.
\4\ Additional provisions of Rule 4753, not pertinent to this
proposed rule change, are used to determined the price in the event
that there is more than one price that minimizes any Imbalance.
---------------------------------------------------------------------------
While the NOII does provide certain information regarding shares
that might not be executed in the Cross, the information provided is
not precisely described by the defined term ``Imbalance''. It appears,
however, that the original drafter of the rule concluded that because
the NOII does include certain information that might be generally
understood to concern imbalances, the defined term used for determining
the Cross price would also serve to describe the NOII. This conclusion
may have also been influenced by the text of Rules 4752 and 4754, which
describe the NASDAQ Opening Cross and the NASDAQ Closing Cross and
which accurately use a similar defined term to describe information
provided by the NOII for those crosses. However, the NOII for the Halt
Cross provides information about shares that might not be executed in
the Cross only when the `market buy' or `market sell' indicator
described in current Rule 4753(a)(2)(E)(iii) is being disseminated, in
which case the number of shares of Eligible Interest entered through
market orders that would not be executed in the Cross would be
disseminated.\5\ NASDAQ believes that the dissemination of imbalance
[[Page 45861]]
information focused on unmatched market orders because the Cross cannot
occur if not all market orders would be executed. Therefore, the
information is designed to solicit offsetting liquidity that would
allow the Cross to execute. NASDAQ further believes that the
information currently provided through the NOII is well understood by
market participants, and that as a result, a modification to the rule
text to clarify it will not result in any confusion or alteration in
expectations on the part of market participants.
---------------------------------------------------------------------------
\5\ The information disseminated does not include marketable
limit orders.
---------------------------------------------------------------------------
To address this issue in a comprehensive manner, NASDAQ is
proposing to adopt a new defined term--Market Order Imbalance--that
will be defined as ``the number of shares of Eligible Interest entered
through market orders that would not be matched with other order shares
at the time of the dissemination of an Order Imbalance Indicator.''
NASDAQ is then proposing to amend current Rule 4753(a)(2)(C) and (D) to
provide that the NOII includes the size and buy/sell direction of a
Market Order Imbalance, rather than an Imbalance. Finally, NASDAQ
proposes to delete Rule 4753(a)(2)(E)(iii), since it describes the buy/
sell direction of a Market Order Imbalance and is therefore
redundant.\6\
---------------------------------------------------------------------------
\6\ NASDAQ is also proposing to eliminate current reserve
subsection (c) of the rule, and to delete several obsolete
references to the NASDAQ Imbalance Cross, which was otherwise
deleted from the rulebook by Securities Exchange Act Release No.
67678 (August 16, 2012), 77 FR 50738 (August 22, 2012) (SR-NASDAQ-
2012-094)
---------------------------------------------------------------------------
2. Statutory Basis
The Exchange believes the proposed rule change is consistent with
Section 6(b) of the Act \7\ in general, and furthers the objectives of
Section 6(b)(5),\8\ in particular, in that it is designed to promote
just and equitable principles of trade, remove impediments to and
perfect the mechanisms of a free and open market and a national market
system and, in general, to protect investors and the public interest.
The proposal is consistent with these purposes because it will ensure
that Rule 4753 clearly describes the information provided in the NOII
for the Halt Cross.
---------------------------------------------------------------------------
\7\ 15 U.S.C. 78f(b).
\8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. Because the proposal is
designed merely to ensure that Rule 4753 clearly describes the
information provided in the NOII for the Halt Cross, it does not affect
competition in any respect.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
Written comments were neither solicited nor 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) \9\ of the Act and
Rule 19b-4(f)(6) \10\ thereunder.
---------------------------------------------------------------------------
\9\ 15 U.S.C. 78s(b)(3)(A).
\10\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of the filing of the
proposed rule change, or such shorter time as designated by the
Commission. The Exchange has satisfied this requirement.
---------------------------------------------------------------------------
A proposed rule change filed under Rule 19b-4(f)(6) of the Act \11\
normally does not become operative prior to 30 days after the date of
the filing. However, pursuant to Rule 19b-4(f)(6)(iii) of the Act,\12\
the Commission may designate a shorter time if such action is
consistent with the protection of investors and the public interest.
The Exchange has requested that the Commission waive the 30-day
operative delay so that the proposal may become operative immediately
upon filing. The Exchange believes that because the proposed rule
change is designed solely to correct and clarify rule text, the public
interest and protection of investors will be better served by
immediately implementing the proposed rule change.
---------------------------------------------------------------------------
\11\ 17 CFR 240.19b-4(f)(6).
\12\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------
The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest
because waiver will clarify the rule immediately, which could prevent
investor confusion with respect to the rule. The Commission hereby
waives the 30-day operative delay and designates the proposed rule
change to be operative upon filing with the Commission.\13\
---------------------------------------------------------------------------
\13\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------
At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule change 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-2014-075 on the subject line.
Paper Comments
Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.
All submissions should refer to File Number SR-NASDAQ-2014-075. 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.,
[[Page 45862]]
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal offices 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-
075, and should be submitted on or before August 27, 2014.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------
\14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-18582 Filed 8-5-14; 8:45 am]
BILLING CODE 8011-01-P
