[Federal Register Volume 76, Number 164 (Wednesday, August 24, 2011)]
[Notices]
[Pages 53007-53009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-21610]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-65159; File No. SR-NASDAQ-2011-118]
Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Change the Name and Modify the Contents of the NASDAQ Ouch BBO Feed
August 18, 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 August 12, 2011, the NASDAQ Stock Market LLC (``NASDAQ'') 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 NASDAQ. 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 the
Substance of the Proposed Rule Change
The Exchange is filing this proposed rule change to change the name
of the NASDAQ Ouch BBO Feed to the NASDAQ MatchView Feed (the ``Feed'')
and to modify the contents of the Feed in two ways. The Feed provides a
view of how the Exchange views the Best Bid and Offer (``BBO'')
available from all market centers for each individual security the
Exchange trades.
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, NASDAQ 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. NASDAQ 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
This proposal regards the NASDAQ MatchView Feed (formerly known as
the NASDAQ Ouch BBO Feed), a data feed that represents the Exchange's
view of best bid and offer data received from all market centers. The
Feed is available to all Exchange members and market participants
equally at no charge, offering all participants transparent, real-time
data concerning the Exchange's view of the BBO data. The Exchange makes
the Feed available on a subscription basis to market participants that
are connected to the Exchange whether through extranets, direct
connection, or Internet-based virtual private networks.
Currently, the Feed reflects the Exchange's view of the BBO data,
at any given time, based on orders executed on the Exchange and updated
quote information from the network processors.\3\ The Feed contains the
following data elements: symbol, bid price, and ask price.\4\ Unlike
the Nasdaq TotalView feed, the MatchView feed does not contain
information about individual orders, either those residing within the
Exchange system or those executed or routed by the Exchange. Unlike the
network processor feeds containing the National Best Bid and Offer
(``NBBO''), the MatchView Feed does not identify either the market
center quoting the BBO or the size of the
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BBO quotes. It merely contains the symbol and bid and offer prices.
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\3\ The Feed does not reflect all information available to the
Exchange. Specifically, the Feed excludes information about the
routing of orders to away exchanges. Thus, although the Exchange
execution system and routing engine know when a bid or offer from an
away market is no longer available because the Exchange has routed
an order to the bid or offer, the Feed does not reflect such routing
activity.
\4\ The Feed also contains a time stamp and message type field
for reference.
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The Exchange is modifying the inputs used for calculating the
prices reflected on the Feed. Currently, the Feed reflects bids and
offers contained on data feeds from the network processors, as well as
certain NASDAQ orders referenced below. In the future, the Feed will
continue to reflect these orders entered on the Exchange but rather
than reflect only individual exchange bids and offers received from the
network processors, the Feed will reflect individual exchange bids and
offers received either from the network processor or directly from an
exchange that disseminates bids and offers to vendors via a proprietary
data feed. The Exchange will reflect bids and offers from another
exchange's proprietary data feed only when the Exchange deems the
proprietary data feed to be sufficiently reliable and also faster than
the network processor.\5\
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\5\ The Exchange is also changing its policies and procedures
under Regulation NMS governing the data feeds used by its execution
system and routing engine. Current policies state that those systems
use data provided by the network processors. In the future, those
systems will use data provided either by the network processors or
by proprietary feeds offered by certain exchanges directly to
vendors. The determination of which data feed to utilize will be the
same as the determination made with respect to the Feed. In other
words, the Exchange execution system, routing engine and Feed will
each utilize the same data for a given exchange although, as set
forth in footnote 3 above, the Feed does not contain all information
available to the execution system and routing engine.
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This determination--whether to utilize bids and offers from the
network processor feed or from a direct proprietary data feed--will be
made by the Exchange on a market-by-market basis based upon objective
criteria about reliability and speed. The determination, once made,
will apply to all bids and offers from an exchange; it will not be made
on a stock-by-stock basis. Additionally, the determination, once made,
will be valid until such time as the away exchange stops disseminating
the proprietary data feed in a manner that meets NASDAQ's objective
criteria (for example, when that exchange experiences operational
difficulties that reduce the reliability and speed of its proprietary
data feed). For exchanges that do not disseminate proprietary data
feeds or whose proprietary data feeds lack sufficient reliability and
speed, the Feed will continue to reflect bids and offers disseminated
via the network processor feeds.
Additionally, in a previous filing, the Exchange noted that the
Feed depicts the Exchange's view of the BBO for all markets other than
the Exchange.\6\ In one narrow set of circumstances, the Feed will show
the BBO for all markets including the Exchange. Specifically, an order
received by the Exchange that improves the BBO will be reflected in the
Feed when three circumstances are met: (1) The Exchange receives an
order marked by the entering member as any visible bookable order that
is not an IOC and is an ``Inter-market Sweep'' (an order known as a
``Day ISO''); (2) the Day ISO order is priced higher than the current
Best Bid or lower than the current Best Offer disseminated by the
network processor or applicable exchange proprietary data feed; and (3)
the Day ISO represents the new best bid or offer on the Exchange. In
those circumstances, the new best bid or offer on the Exchange will be
transmitted to the network processor and then reflected on the Feed
(and the Exchange's other proprietary data feeds, such as NASDAQ
TotalView). As stated above, the Feed does not show the market center
responsible (whether the Exchange or an away market) for either the
Best Bid or Best Offer reflected on the Feed.
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\6\ See Securities Exchange Act Release No. 61451 (Feb. 1,
2010); 75 FR 6246 (Feb. 8, 2010) (filing SR-NASDAQ-2010-012).
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These modifications to the Feed will enhance market transparency
and foster competition among orders and markets. Member firms may use
the Feed to more accurately price their orders based on the Exchange's
view of what the BBO is at any point in time, including bids and offers
received via proprietary data feeds which may not be reflected in the
official NBBO due to latencies inherent in the NBBO's dissemination. As
a consequence, member firms may more accurately price their orders on
the Exchange, thereby avoiding price adjustments by the Exchange based
on a quote that is no longer available. Additionally, members can use
the Feed to price orders more aggressively to narrow the NBBO and
provide better reference prices for investors.
2. Statutory Basis
Nasdaq believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\7\ in general and with Sections
6(b)(5) of the Act,\8\ 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 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. The Exchange believes that
this proposal is in keeping with those principles by enhancing
transparency through the dissemination of the most accurate quotations
data and by clarifying its contents.
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\7\ 15 U.S.C. 78f.
\8\ 15 U.S.C. 78f(b)(5).
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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.
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) 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)
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.
The Exchange has satisfied this requirement.
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A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \11\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6) \12\ permits the Commission to
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange requests
that the Commission waive the 30-day operative delay because it would
permit the Exchange to immediately provide the new content of the
NASDAQ MatchView Feed to market participants. The Commission believes
that waiving
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the 30-day operative delay \13\ is consistent with the protection of
investors and the public interest and designates the proposal operative
upon filing.
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\11\ 17 CFR 240.19b-4(f)(6).
\12\ 17 CFR 240.19b-4(f)(6).
\13\ 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 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 (http://www.sec.gov/rules/sro.shtml); or
Send an e-mail to [email protected]. Please include
File Number SR-NASDAQ-2011-118 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-2011-118. 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 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 NASDAQ. 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-2011-118 and should be submitted on or before
September 14, 2011.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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\14\ 17 CFR 200.30-3(a)(12).
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Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-21610 Filed 8-23-11; 8:45 am]
BILLING CODE 8011-01-P