[Federal Register Volume 78, Number 124 (Thursday, June 27, 2013)]
[Notices]
[Pages 38755-38756]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-15371]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-69830; File No. SR-NASDAQ-2013-083]


Self-Regulatory Organizations; The NASDAQ Stock Market LLC; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To 
Eliminate an Erroneous Reference to the Retired Automatic Quotation 
Refresh Functionality Under Rule 4751(d)

June 21, 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 June 13, 2013, The NASDAQ Stock Market LLC (``NASDAQ'' or 
``Exchange'') filed with the Securities and Exchange Commission 
(``Commission'') a 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.
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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

    The Exchange proposes to eliminate an erroneous reference to the 
retired automatic quotation refresh functionality in Rule 4751(d). 
NASDAQ will implement the change at the earliest time possible, but in 
no event later than the 30th day following the date of the filing. The 
text of the proposed rule change is below. Proposed deletions are in 
brackets; proposed additions are italicized.
* * * * *
4751. Definitions
    The following definitions apply to the Rule 4600 and 4750 Series 
for the trading of securities listed on Nasdaq or a national securities 
exchange other than Nasdaq.
    (a)-(c) No change.
    (d) With respect to System-provided quotation functionality:
    (1) The term ``Quote'' shall mean a single bid or offer quotation 
submitted to the System and designated for display (price and size) 
next to the Participant's MPID by a Participant that is eligible to 
submit such quotations.
    (2) Reserved. [The term ``Automatic Quote Refresh'' shall mean the 
default price increment away from the executed price and the size to 
which a Participant's Quote will be refreshed if the Participant elects 
to utilize this functionality. If the Participant does not designate an 
Automatic Quote Refresh size, which must be at least one normal unit of 
trading, the default Automatic Quote Refresh size shall be 100 shares 
and the default Automatic Quote Refresh price increment shall be 
$0.25.]
    (3) The term ``Reserve Size'' shall mean the System-provided 
functionality that permits a Participant to display in its Displayed 
Quote part of the full size of a proprietary or agency order, with the 
remainder held in reserve on an undisplayed basis. Both the displayed 
and non-displayed portions are available for potential execution 
against incoming orders. If the Displayed Quote is reduced to less than 
a normal unit of trading, the System will replenish the display portion 
from reserve up to at least a single round-lot amount. A new timestamp 
is created for the replenished portion of the order each time it is 
replenished from reserve, while the reserve portion retains the time-
stamp of its original entry.
    (e)-(i) No change.
* * * * *

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
    On January 14, 2013, the Exchange filed an immediately effective 
rule change to retire the automated quotation refresh functionality 
(``AQR'') provided to Exchange market makers under Rules 4613(a)(2)(F) 
and (G), and to make conforming changes to Rule 4751(f)(15), which 
became effective February 25, 2013.\3\ AQR assisted market makers in 
meeting their enhanced quotation obligations adopted after May 6, 2010,

[[Page 38756]]

and avoid execution of market maker ``stub quotes'' in instances of 
aberrant trading. AQR was ultimately replaced by NASDAQ's Market Maker 
Peg Order, which was approved by the Commission on August 2, 2012.\4\
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    \3\ Securities Exchange Act Release No. 68654 (January 15, 
2013), 78 FR 4536 (January 22, 2013) (SR-NASDAQ-2013-007); see also 
Securities Exchange Act Release No. 68528 (December 21, 2012), 77 FR 
77165 (December 31, 2012) (SR-NASDAQ-2012-140).
    \4\ Securities Exchange Act Release No. 67584 (August 2, 2012), 
77 FR 47472 (August 8, 2012) (SR-NASDAQ-2012-066).
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    NASDAQ recently became aware that a reference to the retired AQR 
functionality remains in the NASDAQ rule book. Specifically, Rule 4751 
provides definitions applicable to the Rule 4600 and 4750 Series, 
relating to the trading of securities listed on NASDAQ or a national 
securities exchange other than NASDAQ. Rule 4751(d) provides 
definitions of terms used in the routing of orders and subparagraph (2) 
of the rule provides a definition of the term ``Automatic Quote 
Refresh,'' which references the AQR functionality that was retired. 
Accordingly, NASDAQ is proposing to eliminate the current Rule 
4751(d)(2) text in its entirety, holding the rule number in reserve.
2. Statutory Basis
    The statutory basis for the proposed rule change is Section 6(b)(5) 
of the Act,\5\ 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 language from the rule book that references the now-
retired AQR functionality. NASDAQ believes that leaving the language in 
the rule book may be confusing to investors and it was NASDAQ's intent 
when it retired AQR to remove all references to AQR from the rule book. 
Accordingly, NASDAQ believes that it is consistent with the Act to 
remove this now defunct reference.
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    \5\ 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 
result in any burden on competition that is not necessary or 
appropriate in furtherance of the purposes of the Act. The proposed 
change will remove rule text from NASDAQ's rule book that references a 
retired functionality and which now has no effect or purpose. As such, 
NASDAQ believes that the proposed rule change will have no effect 
whatsoever on competition.

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 significantly 
affect the protection of investors or the public interest, does not 
impose any significant burden on competition, and, by its terms, does 
not 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 \6\ and Rule 19b-
4(f)(6) thereunder.\7\
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    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 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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    The Exchange has requested that the Commission waive the 30-day 
operative delay. The Commission believes that waiver of the 30-day 
operative delay is consistent with the protection of investors and the 
public interest because the proposal will allow NASDAQ to make the 
deletion operative in the quickest time possible to avoide potential 
market participant confusion. Therefore, the Commission designates the 
proposal operative upon filing.\8\
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    \8\ 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 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-2013-083 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-2013-083. 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 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; 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-2013-083 and should 
be submitted on or before July 18, 2013.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\9\
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    \9\ 17 CFR 200.30-3(a)(12).
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Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2013-15371 Filed 6-26-13; 8:45 am]
BILLING CODE 8011-01-P