[Federal Register Volume 77, Number 250 (Monday, December 31, 2012)]
[Notices]
[Pages 77165-77166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-31413]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68528; File No. SR-NASDAQ-2012-140]


Self-Regulatory Organizations; The NASDAQ Stock Market LLC; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To 
Retire the Automated Quote Management Functionality Described Under 
Rules 4613(a)(2)(F) and (G), and Make Conforming Changes to Rule 
4751(f)(15)

December 21, 2012.
    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 December 17, 2012, The NASDAQ Stock Market LLC (``NASDAQ'' or 
the ``Exchange'') filed with the Securities and Exchange Commission 
(the ``Commission'') the proposed rule change as described in Items I 
and II below, which Items have been prepared by the Exchange. The 
Exchange filed the proposal as a ``non-controversial'' proposed rule 
change pursuant to Section 19(b)(3)(A)(iii) of the Act \3\ and Rule 
19b-4(f)(6) thereunder.\4\ 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.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to retire the automated quote management 
functionality described under Rules 4613(a)(2)(F) and (G) on January 
16, 2013, and make conforming changes to Rule 4751(f)(15). 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 those 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 parts of such 
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and the 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    On August 2, 2012, the Commission approved the Exchange's new 
Market Maker Peg Order, which was designed to replace the automated 
quotation refresh functionality (``AQR'') provided to Exchange market 
makers under Rules 4613(a)(2)(F) and (G).\5\ The Exchange committed to 
sunset AQR three months after fully implementing the Market Maker Peg 
Order.\6\ On October 15, 2012, the Exchange completed the 
implementation of the Market Maker Peg Order and, accordingly, is 
proposing to delete the text under Rule 4613(a)(2)(F) and (G) from the 
NASDAQ rulebook, effective January 16, 2013, thereby retiring AQR.\7\
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    \5\ Securities Exchange Act Release No. 67584 (August 2, 2012), 
77 FR 47472 (August 8, 2012) (SR-NASDAQ-2012-066).
    \6\ Id. at 47473 n 4.
    \7\ On October 9, 2012, NASDAQ announced that the Market Maker 
Peg Order was available and that it would retire AQR by the end of 
2012. See Equity Technical Update  2012-31 (http://www.nasdaqtrader.com/TraderNews.aspx?id=ETU2012-31). Because the 
Market Maker Peg Order was not made available to QIX protocol users 
until October 15, 2012 and therefore not fully implemented, NASDAQ 
is retiring AQR effective January 16, 2013, three months from the 
full implementation of the Market Maker Peg Order.
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    The Exchange is also proposing to amend Rule 4751(f)(15) to include 
language from Rule 4613(a)(2)(F), which is currently referenced only by 
citation in the rule. The proposed language taken from Rule 
4613(a)(2)(F) merely provides the percentage move necessary to trigger 
a repricing of a Market Maker Peg Order, and in no way changes how the 
Market Maker Peg Order operates.
2. Statutory Basis
    The statutory basis for the proposed rule change is Section 6(b)(5) 
of the Act,\8\ which requires the rules of an exchange to promote just 
and equitable principles of trade, 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 the proposed rule meets these requirements in 
that it eliminates a duplicative function, AQR, which has been replaced 
with a new order type that allows member firms to better meet their 
minimum market maker quotation requirements and also comply with the 
regulatory requirements of the Market Access Rule and Regulation SHO. 
In seeking approval of the Market Maker Peg Order,\9\ the Exchange 
committed to retiring AQR at the conclusion of a three-month transition 
period and this proposed change merely effectuates that change.
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    \8\ 15 U.S.C. 78f(b)(5).
    \9\ See, supra note 7.
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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.

[[Page 77166]]

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 after the date of the filing, or such 
shorter time as the Commission may designate, it has become effective 
pursuant to Section 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. 
The Exchange has satisfied this requirement.
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    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.

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 email to [email protected]. Please include 
File Number SR-NASDAQ-2012-140 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-2012-140. 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 (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 
10:00 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-NASDAQ-2012-140 and should 
be submitted on or before January 22, 2013.
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    \12\ 17 C.F.R. 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\12\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-31413 Filed 12-28-12; 8:45 am]
BILLING CODE 8011-01-P