[Federal Register Volume 78, Number 46 (Friday, March 8, 2013)]
[Notices]
[Pages 15086-15087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-05414]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-69028; File No. SR-NASDAQ-2013-035]


Self-Regulatory Organizations; The NASDAQ Stock Market LLC; 
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change 
To Assess a Fee for the Limit Locator Service

March 4, 2013.
    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 February 21, 2013, The NASDAQ Stock Market LLC (``NASDAQ'' or the 
``Exchange'') filed with the Securities and Exchange Commission 
(``Commission'') a 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 the 
Substance of the Proposed Rule Change

    NASDAQ proposes to assess a fee for the Limit Locator service under 
Rule 7061. NASDAQ will begin assessing the proposed fee on April 8, 
2013.
    The text of the proposed rule change is below. Proposed new 
language is in italics; proposed deletions are in brackets.

7061. Limit Locator

    Limit Locator is a tool to assist a member firm in monitoring its 
trades reported into the FINRA/NASDAQ TRF for compliance with the 
requirements of the National Market System Plan to Address 
Extraordinary Market Volatility. The service provides a subscribing 
member firm with an overview of its trades reported at, or outside of, 
a designated Limit Up/Limit Down pricing band. The service will provide 
a total count of the subscribing member firm's trades in each category 
as well as present this information graphically, on a rolling month 
basis. A subscribing member firm is able to create custom email alerts 
to notify users when a trade is reported at, or outside of, a Limit Up/
Limit Down pricing band. Limit Locator is accessed through the NASDAQ 
Workstation or Weblink ACT 2.0 and is offered for a fee of $750 per 
month/per MPID beginning April 8, 2013 [at no cost at this time].
* * * * *

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 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    NASDAQ is proposing to amend Rule 7061 to establish fees for the 
Limit Locator service. Limit Locator is an add on tool to the NASDAQ 
Workstation and Weblink ACT 2.0 that assists a member firm that is a 
FINRA/NASDAQ TRF (``TRF'') participant in monitoring its trades 
reported into the TRF for compliance with the requirements of the 
National Market System Plan to Address Extraordinary Market Volatility 
(the ``Plan'').\3\ The Plan provides a limit up/limit down mechanism 
designed to prevent trades in NMS securities from occurring outside of 
specified price bands. Limit Locator assists member firms in complying 
with the Plan by tracking trades reported to the TRF that occur at, or 
outside of, the limit up/limit down bands and providing notice 
thereof.\4\
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    \3\ On April 5, 2011, the Exchange, together with other self-
regulatory organizations, filed with the Commission a national 
market system plan to adopt a market-wide limit up/limit down system 
to reduce the negative impacts of sudden, unanticipated price 
movements in NMS Stocks, like that which was experienced on May 6, 
2010. Securities Exchange Act Release No. 64547 (May 25, 2011), 76 
FR 31647 (June 1, 2011) (File No. 4-631). The Plan was approved by 
the Commission on May 31, 2012. Securities Exchange Act Release No. 
67091 (May 31, 2012), 77 FR 33498 (June 6, 2012).
    \4\ The Commission notes that every member firm has obligations 
under the Plan to establish, maintain, and enforce written policies 
and procedures that are reasonably designed to comply with the limit 
up/limit down and trading pause requirements. Use of Limit Locator 
may assist a member firm in complying with these requirements, but 
use of Limit Locator alone does not satisfy a member firm's 
obligation under the plan. See Securities Exchange Act Release No. 
68841 (February 6, 2013), 78 FR 9966 (February 12, 2013) (SR-NASDAQ-
2013-020) footnote 4.
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    NASDAQ implemented Limit Locator on February 4, 2013 \5\ at no cost 
so that member firms could become familiar with the service using the 
test securities of the Plan.\6\ Phase I of the Plan will be implemented 
on April 8, 2013 and will apply the limit up/limit down bands only to 
Tier 1 NMS Stocks, which are defined as all NMS Stocks included in the 
S&P 500 Index, the Russell 1000 Index, and a list of exchange-traded 
products. Accordingly, NASDAQ is proposing to offer the service for a 
monthly fee of $750 per member MPID concurrent with the Phase I

[[Page 15087]]

implementation.\7\ Each person with a NASDAQ Workstation or Weblink ACT 
2.0 log in will be able to access the alerts for a subscribed Limit 
Locator MPID. The proposed fee is based on the cost to NASDAQ of 
developing and maintaining the service, and on the value provided to 
the subscribing member firm, which receives a useful tool with which to 
monitor its trades reported to the TRF for compliance with the 
requirements of the Plan. The proposed fee will also allow NASDAQ to 
make a profit to the extent the costs associated with developing and 
maintaining the service are covered. The proposed service is entirely 
voluntary and member firms are free to develop similar systems of their 
own or purchase third party solutions.
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    \5\ Securities Exchange Act Release No. 68841 (February 6, 
2013), 78 FR 9966 (February 12, 2013)(SR-NASDAQ-2013-020).
    \6\ Beginning on February 4, 2013, the Securities Information 
Processors began transmitting limit up/limit down data in select 
securities to allow participants to develop and test their systems 
in preparation for the implementation of the Plan.
    \7\ NASDAQ will prorate the first month's fee given that it is a 
partial month.
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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 with Sections [sic] 6(b)(4) of the 
Act,\9\ in particular, in that it provides for the equitable allocation 
of reasonable dues, fees and other charges among members and issuers 
and other persons using any facility or system which the Exchange 
operates or controls.
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    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(4).
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    The Exchange operates in a highly competitive market in which third 
parties and member firms themselves are able to develop and provide 
information similar to that of Limit Locator. The service uses a 
subscribing member firm's data, and as such, the member firm may elect 
to capture it and perform the same analysis provided by Limit Locator, 
or seek a solution from a third party. NASDAQ has invested time and 
capital in developing the service and has determined that the proposed 
fee is reasonable. Accordingly, to the extent that a member firm 
believes that the fee is excessive or unreasonable it need not 
subscribe to the service, and may alternatively capture and analyze the 
data on its own or through a third party provider. Moreover, the 
Exchange believes the proposed fees are reasonable because they are 
based on the Exchange's costs to cover the development and maintenance 
of the service. The proposed fee will allow the Exchange to recoup 
these costs and make a profit, while providing member firms the ability 
to better comply with the requirements of the Plan. The Exchange 
believes the proposed fee is equitably allocated because all Exchange 
member firms that voluntarily select this service will be charged the 
same amount for the same service. As noted, subscription to the service 
is entirely voluntary and available to all Exchange member firms that 
are FINRA/NASDAQ TRF participants.

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. To the contrary, 
this proposal will promote competition among member firms, since it 
provides a compliance solution to member firms that may not have the 
financial wherewithal to develop such a system on their own. Moreover, 
by promoting compliance with the Plan, the service will also promote a 
more efficient and orderly market in which buyers and sellers can 
compete amongst each other without inadvertently running afoul of the 
restrictions of the Plan.\10\
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    \10\ See supra note 4.
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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

    Pursuant to Section 19(b)(3)(A)(ii) of the Act,\11\ NASDAQ has 
designated this proposal as establishing or changing a due, fee, or 
other charge imposed by the self-regulatory organization on any person, 
whether or not the person is a member of the self-regulatory 
organization, which renders the proposed rule change effective upon 
filing.
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    \11\ 15 U.S.C. 78s(b)(3)(A)(ii).
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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 email to [email protected]. Please include 
File Number SR-NASDAQ-2013-035 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-2013-035. 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 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 10:00 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-2013-035, and should be submitted on or before 
March 29, 2013.

    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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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-05414 Filed 3-7-13; 8:45 am]
BILLING CODE 8011-01-P