Self-Regulatory Organizations; The Nasdaq Stock Market LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Memorialize Order and Execution Available to Participants Into Chapter VI, Section 19, Entitled Data Feeds, 22570-22572 [2018-10258]
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22570
Federal Register / Vol. 83, No. 94 / Tuesday, May 15, 2018 / Notices
daltland on DSKBBV9HB2PROD with NOTICES
Rule 24b–1; SEC File No. 270–205; OMB
Control No. 3235–0194
Notice is hereby given that pursuant
to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.), the Securities
and Exchange Commission
(‘‘Commission’’) is soliciting comments
on the collection of information
summarized below. The Commission
plans to submit this existing collection
of information to the Office of
Management and Budget for extension
and approval, Rule 24b–1 (17 CFR
240.24b–1)—Documents to be Kept
Public by Exchanges.
Rule 24b–1 under the Securities
Exchange Act of 1934 (15 U.S.C. 78a et
seq.) requires a national securities
exchange to keep and make available for
public inspection a copy of its
registration statement and exhibits filed
with the Commission, along with any
amendments thereto.
There are 21 national securities
exchanges that spend approximately
one half hour each complying with this
rule, for an aggregate total compliance
burden of 10.5 hours per year. The staff
estimates that the average cost per
respondent is $65.18 per year,
calculated as the costs of copying
($13.97) plus storage ($51.21), resulting
in a total cost of compliance for the
respondents of $1,368.78.
Written comments are invited on: (a)
Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information shall have practical utility;
(b) the accuracy of the Commission’s
estimate of the burden of the proposed
collection of information; (c) ways to
enhance the quality, utility, and clarity
of the information to be collected; and
(d) ways to minimize the burden of the
collection of information on
respondents, including through the use
of automated collection techniques or
other forms of information technology.
Consideration will be given to
comments and suggestions submitted in
writing within 60 days of this
publication.
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
under the PRA unless it displays a
currently valid OMB control number.
Please direct your written comments
to: Pamela Dyson, Director/Chief
Information Officer, Securities and
Exchange Commission, c/o Remi PavlikSimon, 100 F Street NE, Washington,
DC 20549, or send an email to: PRA_
Mailbox@sec.gov.
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20:27 May 14, 2018
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Dated: May 8, 2018.
Eduardo A. Aleman,
Assistant Secretary.
the most significant aspects of such
statements.
[FR Doc. 2018–10232 Filed 5–14–18; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–83198; File No. SR–
NASDAQ–2018–035]
Self-Regulatory Organizations; The
Nasdaq Stock Market LLC; Notice of
Filing and Immediate Effectiveness of
a Proposed Rule Change to
Memorialize Order and Execution
Available to Participants Into Chapter
VI, Section 19, Entitled Data Feeds
May 9, 2018.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (the
‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on April 27,
2018, 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.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend the
Nasdaq Options Market LLC (‘‘NOM’’)
Rules to memorialize its order and
execution information into Chapter VI,
Section 19, entitled ‘‘Data Feeds.’’
The text of the proposed rule change
is available on the Exchange’s website at
https://nasdaq.cchwallstreet.com, at the
principal office of the Exchange, and at
the Commission’s Public Reference
Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and the
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
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
Frm 00130
Fmt 4703
1. Purpose
The Exchange proposes to
memorialize its order and execution
information into Chapter VI, Section 19,
entitled ‘‘Data Feeds.’’ The Exchange
proposes to rename this rule ‘‘Data
Feeds and Trade Information.’’ The
Exchange proposes other grammatical
corrections in Section 19(a) as well.
Section 19(b)
First, the Exchange proposes to adopt
a new Section 19(b) and memorialize
the following order and execution
information which was previously filed
by the Exchange: (1) CTI; (2) TradeInfo;
(3) FIX DROP; and (4) OTTO DROP.3
The Exchange originally noted in the
Information Filing that CTI offers realtime clearing trade updates. The
message containing the trade details is
also simultaneously sent to the The
Options Clearing Corporation. The trade
messages are routed to a member’s
connection containing certain
information. The administrative and
market event messages include, but are
not limited to: System event messages to
communicate operational-related
events; options directory messages to
relay basic option symbol and contract
information for options traded on the
Exchange; complex strategy messages to
relay information for those strategies
traded on the Exchange; trading action
messages to inform market participants
when a specific option or strategy is
halted or released for trading on the
Exchange; and an indicator which
distinguishes electronic and nonelectronically delivered orders.
The Exchange is proposing to more
specifically describe the CTI offering
and memorialize it within Section
19(b)(1). The description provides more
detail as to the current functionality of
CTI, which is not changing. The
description would continue to state that
CTI is a real-time clearing trade update
message that is sent to a Participant after
an execution has occurred and contains
trade details specific to that Participant.
The information includes, among other
things, the following: (i) The Clearing
Member Trade Agreement or ‘‘CMTA’’
or The Options Clearing Corporation or
‘‘OCC’’ number; (ii) Exchange badge or
house number; (iii) the Exchange
3 See Securities Exchange Act Release No. 65180
(August 22, 2011), 76 FR 53521 (August 26, 2011)
(SR–NASDAQ–2011–111) (‘‘Information Filing’’).
1 15
PO 00000
A. Self-Regulatory Organization’s
Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule
Change
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internal firm identifier; (iv) an indicator
which will distinguish electronic and
non-electronically delivered orders; (v)
liquidity indicators and transaction type
for billing purposes; and (vi) capacity.
The Exchange proposes to not add the
sentence which states, ‘‘The message
containing the trade details is also
simultaneously sent to The Options
Clearing Corporation.’’ The Exchange’s
System sends clearing information to
OCC for each transaction. This sentence
does not add information that is useful
or relevant and therefore the Exchange
proposes to remove it. The Exchange
notes that while the description is being
amended, it retains more broadly the
former descriptions. The information
provided is specific to a market
participant. The Exchange is expressing
more specifically the type of data
contained in CTI. The CTI offering is not
changing. The Exchange is providing
more details regarding the CTI offering
than was originally filed in the
Information Filing.
The Exchange originally noted in the
Information Filing that TradeInfo allows
users to scan for their NASDAQ-listed
orders submitted in NASDAQ. Users
can then perform actions on their
orders. Users can scan for all orders in
a particular security or all orders of a
particular type, regardless of their status
(open, canceled, executed, etc.). For
example, after scanning for open orders
the user is then able to select an open
order and is allowed to make
corrections to the order or cancel the
order. TradeInfo also allows the users to
scan other orders, such as executed,
cancelled, broken, rejected and
suspended orders.
The Exchange proposes to amend and
memorialize TradeInfo within Section
19(b)(2). The Exchange proposes to note
that TradeInfo is a user interface, as
compared to a data stream, to add more
detail to the description. While some
descriptive language is being removed
from the rules, such as permitting a
subscribing member to scan other order
statuses, such as executed, cancelled,
broken, rejected and suspended orders,
the Exchange believes that this language
is covered in the current description in
that the text indicates that all orders
may be searched regardless of their
status. The Exchange is also adding
more information to the TradeInfo
description to provide Participants
greater transparency.
The Exchange originally noted in the
Information Filing that the Order Entry
DROP provides real time information
regarding orders sent to NOM and
executions that occurred on NOM. The
DROP interface is not a trading interface
and does not accept order messages. The
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20:27 May 14, 2018
Jkt 244001
‘‘Order Entry DROP’’ interface is being
renamed ‘‘FIX DROP’’ for clarity as it
relates to FIX ports.
The Exchange proposes to amend and
memorialize FIX DROP within Section
19(b)(3). The Exchange is expanding on
the original description by providing
more detail by stating that it is a realtime order and execution update
message that is sent to a Participant after
an order has been received/modified or
an execution has occurred and contains
trade details specific to that Participant.
The information includes, among other
things, the following: (1) Executions; (2)
cancellations; (3) modifications to an
existing order; and (4) busts or posttrade corrections.
The Exchange originally noted in the
Information Filing that OTTO DROP
provides real-time information
regarding orders entered through OTTO
and the execution of those orders. The
OTTO DROP data feed is not a trading
interface and does not accept order
messages. The Exchange is not
amending this description rather the
Exchange is memorializing the
description within Section 19(b)(4).
The Exchange considers it appropriate
to memorialize the order and execution
information available on NOM within a
rule so that Participants may understand
the trade information which is available
on the Exchange as it pertains to a firm’s
trading information. This data is
available to all Participants regarding
that Participant’s transactions. Pricing
for these products is included in the
Exchange’s fee schedule at Chapter XV,
Section 3.4
Section 19(a)
The Exchange proposes minor
changes to Section 19(a)(1) and (2) to
change the language to indicate the
Nasdaq ITCH to Trade Options and Best
of Nasdaq Options each separately are
data feeds and removing the ‘‘A’’ before
the description.
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
Section 6(b) of the Securities Exchange
Act of 1934 (the ‘‘Act’’),5 in general, and
furthers the objectives of Section 6(b)(5)
of the Act,6 in particular, in that it is
designed to promote just and equitable
principles of trade, to remove
impediments to and perfect the
mechanism for a free and open market
and a national market system, and, in
general, to protect investors and the
4 See also SR–NASDAQ–2018–036 (not yet
published) which proposes conforming changes to
the fee schedule.
5 15 U.S.C. 78f(b).
6 15 U.S.C. 78f(b)(5).
PO 00000
Frm 00131
Fmt 4703
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22571
public interest, by providing greater
transparency as to the order and
execution information offered on
Nasdaq. The Exchange notes that it
described this information in prior rule
changes.7 The Exchange believes that
memorializing this information within a
rule and updating the information will
provide market participants with a list
of information available specific to their
trading on NOM. The Exchange believes
that this proposal is consistent with the
Act because it provides information on
the content available to market
participants regarding the trades they
execute on NOM.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
In accordance with Section 6(b)(8) of
the Act,8 the Exchange does not believe
that the proposed rule change will
impose any burden on intermarket or
intra-market competition that is not
necessary or appropriate in furtherance
of the purposes of the Act. The
Exchange’s proposal does not impose an
undue burden on competition, rather
the Exchange is seeking to provide
greater transparency within its rules
with respect to the various order and
execution information offered on NOM.
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 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, if
consistent with the protection of
investors and the public interest, the
proposed rule change has become
effective pursuant to Section 19(b)(3)(A)
of the Act 9 and Rule 19b–4(f)(6)
thereunder.10
7 See
note 3 above.
U.S.C. 78f(b)(8).
9 15 U.S.C. 78s(b)(3)(A).
10 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–
4(f)(6)(iii) 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 satisfied this requirement.
8 15
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Federal Register / Vol. 83, No. 94 / Tuesday, May 15, 2018 / Notices
A proposed rule change filed under
Rule 19b–4(f)(6) 9 normally does not
become operative for 30 days after the
date of filing. However, pursuant to
Rule 19b–4(f)(6)(iii),10 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
states that such waiver will allow it to
update its rules immediately to provide
more information regarding the order
and execution information it offers and
further the protection of investors and
the public interest because it will
provide greater transparency as to the
trade detail available to members. For
this reason, the Commission believes
that waiving the 30-day operative delay
is consistent with the protection of
investors and the public interest and,
therefore, the Commission designates
the proposed rule change to be operative
upon filing.11
At any time within 60 days of the
filing of the proposed rule change, the
Commission summarily may
temporarily suspend such rule change if
it appears to the Commission that such
action is 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
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–2018–035 on the subject line.
Commission, 100 F Street NE,
Washington, DC 20549–1090.
SECURITIES AND EXCHANGE
COMMISSION
All submissions should refer to File
Number SR–NASDAQ–2018–035. 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 website (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 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
Number SR–NASDAQ–2018–035 and
should be submitted on or before June
5, 2018.
[Release No. 34–83196; File No. SR–Phlx–
2018–33]
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.12
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018–10258 Filed 5–14–18; 8:45 am]
BILLING CODE 8011–01–P
daltland on DSKBBV9HB2PROD with NOTICES
• Send paper comments in triplicate
to Secretary, Securities and Exchange
20:27 May 14, 2018
Jkt 244001
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (the
‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on April 27,
2018, Nasdaq PHLX LLC (‘‘Phlx’’ 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.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to
memorialize its order and execution
information into Phlx Rule 1070.
The text of the proposed rule change
is available on the Exchange’s website at
https://nasdaqphlx.cchwallstreet.com/,
at the principal office of the Exchange,
and at the Commission’s Public
Reference Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and the
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.
1. Purpose
The Exchange proposes to
memorialize its order and execution
information into Rule 1070, entitled
9 17
VerDate Sep<11>2014
May 9, 2018.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule
Change
Paper Comments
CFR 240.19b–4(f)(6).
10 17 CFR 240.19b–4(f)(6)(iii).
11 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).
Self-Regulatory Organizations; Nasdaq
PHLX LLC; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change To Memorialize Its Order
and Execution Information Into Phlx
Rule 1070
1 15
12 17
PO 00000
CFR 200.30–3(a)(12).
Frm 00132
Fmt 4703
Sfmt 4703
2 17
U.S.C. 78s(b)(1).
CFR 240.19b–4.
E:\FR\FM\15MYN1.SGM
15MYN1
Agencies
[Federal Register Volume 83, Number 94 (Tuesday, May 15, 2018)]
[Notices]
[Pages 22570-22572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10258]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-83198; File No. SR-NASDAQ-2018-035]
Self-Regulatory Organizations; The Nasdaq Stock Market LLC;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
to Memorialize Order and Execution Available to Participants Into
Chapter VI, Section 19, Entitled Data Feeds
May 9, 2018.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on April 27, 2018, 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 CFR 240.19b-4.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to amend the Nasdaq Options Market LLC
(``NOM'') Rules to memorialize its order and execution information into
Chapter VI, Section 19, entitled ``Data Feeds.''
The text of the proposed rule change is available on the Exchange's
website at https://nasdaq.cchwallstreet.com, at the principal office of
the Exchange, and at the Commission's Public Reference Room.
II. Self-Regulatory Organization's Statement of the Purpose of, and the
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 the
Statutory Basis for, the Proposed Rule Change
1. Purpose
The Exchange proposes to memorialize its order and execution
information into Chapter VI, Section 19, entitled ``Data Feeds.'' The
Exchange proposes to rename this rule ``Data Feeds and Trade
Information.'' The Exchange proposes other grammatical corrections in
Section 19(a) as well.
Section 19(b)
First, the Exchange proposes to adopt a new Section 19(b) and
memorialize the following order and execution information which was
previously filed by the Exchange: (1) CTI; (2) TradeInfo; (3) FIX DROP;
and (4) OTTO DROP.\3\
---------------------------------------------------------------------------
\3\ See Securities Exchange Act Release No. 65180 (August 22,
2011), 76 FR 53521 (August 26, 2011) (SR-NASDAQ-2011-111)
(``Information Filing'').
---------------------------------------------------------------------------
The Exchange originally noted in the Information Filing that CTI
offers real-time clearing trade updates. The message containing the
trade details is also simultaneously sent to the The Options Clearing
Corporation. The trade messages are routed to a member's connection
containing certain information. The administrative and market event
messages include, but are not limited to: System event messages to
communicate operational-related events; options directory messages to
relay basic option symbol and contract information for options traded
on the Exchange; complex strategy messages to relay information for
those strategies traded on the Exchange; trading action messages to
inform market participants when a specific option or strategy is halted
or released for trading on the Exchange; and an indicator which
distinguishes electronic and non-electronically delivered orders.
The Exchange is proposing to more specifically describe the CTI
offering and memorialize it within Section 19(b)(1). The description
provides more detail as to the current functionality of CTI, which is
not changing. The description would continue to state that CTI is a
real-time clearing trade update message that is sent to a Participant
after an execution has occurred and contains trade details specific to
that Participant. The information includes, among other things, the
following: (i) The Clearing Member Trade Agreement or ``CMTA'' or The
Options Clearing Corporation or ``OCC'' number; (ii) Exchange badge or
house number; (iii) the Exchange
[[Page 22571]]
internal firm identifier; (iv) an indicator which will distinguish
electronic and non-electronically delivered orders; (v) liquidity
indicators and transaction type for billing purposes; and (vi)
capacity. The Exchange proposes to not add the sentence which states,
``The message containing the trade details is also simultaneously sent
to The Options Clearing Corporation.'' The Exchange's System sends
clearing information to OCC for each transaction. This sentence does
not add information that is useful or relevant and therefore the
Exchange proposes to remove it. The Exchange notes that while the
description is being amended, it retains more broadly the former
descriptions. The information provided is specific to a market
participant. The Exchange is expressing more specifically the type of
data contained in CTI. The CTI offering is not changing. The Exchange
is providing more details regarding the CTI offering than was
originally filed in the Information Filing.
The Exchange originally noted in the Information Filing that
TradeInfo allows users to scan for their NASDAQ-listed orders submitted
in NASDAQ. Users can then perform actions on their orders. Users can
scan for all orders in a particular security or all orders of a
particular type, regardless of their status (open, canceled, executed,
etc.). For example, after scanning for open orders the user is then
able to select an open order and is allowed to make corrections to the
order or cancel the order. TradeInfo also allows the users to scan
other orders, such as executed, cancelled, broken, rejected and
suspended orders.
The Exchange proposes to amend and memorialize TradeInfo within
Section 19(b)(2). The Exchange proposes to note that TradeInfo is a
user interface, as compared to a data stream, to add more detail to the
description. While some descriptive language is being removed from the
rules, such as permitting a subscribing member to scan other order
statuses, such as executed, cancelled, broken, rejected and suspended
orders, the Exchange believes that this language is covered in the
current description in that the text indicates that all orders may be
searched regardless of their status. The Exchange is also adding more
information to the TradeInfo description to provide Participants
greater transparency.
The Exchange originally noted in the Information Filing that the
Order Entry DROP provides real time information regarding orders sent
to NOM and executions that occurred on NOM. The DROP interface is not a
trading interface and does not accept order messages. The ``Order Entry
DROP'' interface is being renamed ``FIX DROP'' for clarity as it
relates to FIX ports.
The Exchange proposes to amend and memorialize FIX DROP within
Section 19(b)(3). The Exchange is expanding on the original description
by providing more detail by stating that it is a real-time order and
execution update message that is sent to a Participant after an order
has been received/modified or an execution has occurred and contains
trade details specific to that Participant. The information includes,
among other things, the following: (1) Executions; (2) cancellations;
(3) modifications to an existing order; and (4) busts or post-trade
corrections.
The Exchange originally noted in the Information Filing that OTTO
DROP provides real-time information regarding orders entered through
OTTO and the execution of those orders. The OTTO DROP data feed is not
a trading interface and does not accept order messages. The Exchange is
not amending this description rather the Exchange is memorializing the
description within Section 19(b)(4).
The Exchange considers it appropriate to memorialize the order and
execution information available on NOM within a rule so that
Participants may understand the trade information which is available on
the Exchange as it pertains to a firm's trading information. This data
is available to all Participants regarding that Participant's
transactions. Pricing for these products is included in the Exchange's
fee schedule at Chapter XV, Section 3.\4\
---------------------------------------------------------------------------
\4\ See also SR-NASDAQ-2018-036 (not yet published) which
proposes conforming changes to the fee schedule.
---------------------------------------------------------------------------
Section 19(a)
The Exchange proposes minor changes to Section 19(a)(1) and (2) to
change the language to indicate the Nasdaq ITCH to Trade Options and
Best of Nasdaq Options each separately are data feeds and removing the
``A'' before the description.
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Securities Exchange Act of 1934 (the
``Act''),\5\ in general, and furthers the objectives of Section 6(b)(5)
of the Act,\6\ in particular, in that it is designed to promote just
and equitable principles of trade, to remove impediments to and perfect
the mechanism for a free and open market and a national market system,
and, in general, to protect investors and the public interest, by
providing greater transparency as to the order and execution
information offered on Nasdaq. The Exchange notes that it described
this information in prior rule changes.\7\ The Exchange believes that
memorializing this information within a rule and updating the
information will provide market participants with a list of information
available specific to their trading on NOM. The Exchange believes that
this proposal is consistent with the Act because it provides
information on the content available to market participants regarding
the trades they execute on NOM.
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\5\ 15 U.S.C. 78f(b).
\6\ 15 U.S.C. 78f(b)(5).
\7\ See note 3 above.
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B. Self-Regulatory Organization's Statement on Burden on Competition
In accordance with Section 6(b)(8) of the Act,\8\ the Exchange does
not believe that the proposed rule change will impose any burden on
intermarket or intra-market competition that is not necessary or
appropriate in furtherance of the purposes of the Act. The Exchange's
proposal does not impose an undue burden on competition, rather the
Exchange is seeking to provide greater transparency within its rules
with respect to the various order and execution information offered on
NOM.
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\8\ 15 U.S.C. 78f(b)(8).
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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 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, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \9\ and Rule 19b-
4(f)(6) thereunder.\10\
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\9\ 15 U.S.C. 78s(b)(3)(A).
\10\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
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 satisfied this requirement.
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[[Page 22572]]
A proposed rule change filed under Rule 19b-4(f)(6) \9\ normally
does not become operative for 30 days after the date of filing.
However, pursuant to Rule 19b-4(f)(6)(iii),\10\ 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 states that
such waiver will allow it to update its rules immediately to provide
more information regarding the order and execution information it
offers and further the protection of investors and the public interest
because it will provide greater transparency as to the trade detail
available to members. For this reason, the Commission believes that
waiving the 30-day operative delay is consistent with the protection of
investors and the public interest and, therefore, the Commission
designates the proposed rule change to be operative upon filing.\11\
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\9\ 17 CFR 240.19b-4(f)(6).
\10\ 17 CFR 240.19b-4(f)(6)(iii).
\11\ 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).
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At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is 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 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 [email protected]. Please include
File Number SR-NASDAQ-2018-035 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-2018-035. 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 website (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 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 Number SR-NASDAQ-2018-035 and should be submitted
on or before June 5, 2018.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
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\12\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-10258 Filed 5-14-18; 8:45 am]
BILLING CODE 8011-01-P