[Federal Register Volume 76, Number 149 (Wednesday, August 3, 2011)]
[Notices]
[Pages 46869-46870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-19612]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-64983; File No. SR-NASDAQ-2011-098]


Self-Regulatory Organizations; The NASDAQ Stock Market LLC; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change to 
Adopt an ``All-or-None'' Order Type

July 28, 2011.
    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, 2011, The NASDAQ Stock Market LLC (the ``Exchange'' 
or ``NASDAQ'') filed with the Securities and Exchange Commission 
(``SEC'' or ``Commission'') the 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.
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    \1\ 15 U.S.C.78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    NASDAQ is filing with the Securities and Exchange Commission 
(``Commission'') a proposal for the NASDAQ Options Market (``NOM'') to 
amend Chapter VI, Trading Systems, Section 1, Definitions, and Section 
6, Acceptance of Quotes and Orders, to adopt an ``All-or-none'' order 
type, as described further below. The Exchange also proposes to amend 
the definition of ``Immediate or Cancel'' to accommodate market orders.
    This change is scheduled to be implemented on NOM on or about 
September 1, 2011; the Exchange will announce the implementation 
schedule by Options Trader Alert, once the rollout schedule is 
finalized.
    The text of the proposed rule change is available at http://nasdaq.cchwallstreet.com/, at NASDAQ'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
    The purpose of the proposed rule change is to introduce a new order 
type to NOM and permit market orders to be designated as Immediate or 
Cancel orders. Specifically, an All-or-None order is a limit or market 
order that is to be executed in its entirety or not at all. All-or-None 
Orders will be treated as having a time-in-force designation of 
Immediate or Cancel, as described further below.\3\ All-or-None Orders 
received prior to the opening cross or after market close will be 
rejected. The Exchange proposes to add this definition to its rules as 
new Section 1(e)(10). The Exchange also proposes to refer to All-or-
None Orders in Section 6(a)(2) of its rules. Many options markets 
currently have all-or-none orders, and the definition of this new order 
type is consistent with the definitions contained in other exchanges' 
rules.\4\
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    \3\ See NOM Rules, Chapter VI, Section 1(g)(2).
    \4\ See e.g., CBOE Rule 6.53(i); C2 Rule 6.10(c)(1) and ISE Rule 
715(c).
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    The new All-or-None Order type is similar to the existing Minimum 
Quantity Order currently available on the Exchange. Minimum Quantity 
Orders are orders that require that a specified minimum quantity of 
contracts be obtained, or the order is cancelled.\5\ Similar to the 
All-or-None Orders proposed herein, Minimum Quantity Orders may only be 
entered with a time-in-force designation of Immediate or Cancel. Today, 
a Minimum Quantity Order with the minimum set at the full size of the 
order would function the same as the proposed All-or-None Order.\6\
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    \5\ See NOM Rules, Chapter VI, Section 1(e)(3).
    \6\ A Minimum Quantity Order for 100 contracts with the minimum 
set at 100 contracts has the same result as an All-or-None Order for 
100 contracts, because both can only trade against an order for 100 
contracts.
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    In addition, the Immediate or Cancel designation is currently only 
available to limit orders. The Exchange proposes to amend the 
definition of Immediate or Cancel in Section 1(g)(2) to delete the word 
``limit'' in order to cover market orders; accordingly, market orders, 
including the proposed new All-or-None Orders, can now be Immediate or 
Cancel.\7\
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    \7\ See NOM Rules, Chapter VI, proposed Section 1(g)(2).
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act \8\ in general, and furthers the objectives of Section 
6(b)(5) of the Act \9\ in particular, in that it 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 facilitating transactions in securities, and to 
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, by mitigating risks to market 
participants. The Exchange believes that the proposal is appropriate 
and reasonable, because it offers an additional order type on NOM and 
Immediate or Cancel functionality for market orders. The Exchange 
believes that this should offer investors new trading opportunities on 
the Exchange and enhance the Exchange's competitive position.
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    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition not necessary or appropriate in 
furtherance of the purposes of the Act.

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

[[Page 46870]]

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 
19(b)(3)(A) of the Act \10\ and Rule 19b-4(f)(6) \11\ thereunder.
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    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 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 filing of the proposed 
rule change, or such shorter time as designated by the Commission. 
NASDAQ has satisfied this requirement.
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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 (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to [email protected]. Please include 
File Number SR-NASDAQ-2011-098 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-2011-098. This 
file number should be included on the subject line if e-mail is used. 
To help the Commission process and review your comments more 
efficiently, please use only one method. The Commission will post all 
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, 
all written statements with respect to the proposed rule change that 
are filed with the Commission, and all written communications relating 
to the proposed rule change between the Commission and any person, 
other than those that may be withheld from the public in accordance 
with the provisions of 5 U.S.C. 552, will be available for Web site 
viewing and printing in the Commission's Public Reference Room, 100 F 
Street, NE., Washington, DC 20549, on official business days between 
the hours of 10 a.m. and 3 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-
NASDAQ-2011-098 and should be submitted on or before August 24, 2011.

    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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Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-19612 Filed 8-2-11; 8:45 am]
BILLING CODE 8011-01-P