[Federal Register Volume 84, Number 186 (Wednesday, September 25, 2019)]
[Notices]
[Pages 50495-50501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20712]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-87030; File No. SR-NASDAQ-2019-077]


Self-Regulatory Organizations; The Nasdaq Stock Market LLC; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To 
Amend the Order Routing Rule in NOM Chapter VI, Section 11

September 19, 2019.
    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 September 12, 2019, The Nasdaq Stock Market LLC (``Nasdaq'' or 
``Exchange'') 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 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 amend The Nasdaq Options Market LLC Rules 
at Chapter VI, Section 11, titled ``Order Routing''.
    The text of the proposed rule change is available on the Exchange's 
website at http://nasdaq.cchwallstreet.com, at the principal office of 
the Exchange, 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 Exchange proposes to amend NOM Chapter VI, Section 11, titled 
``Order Routing'' to conform the rule text of NOM's Chapter VI, Section 
11, where applicable, to Nasdaq Phlx LLC (``Phlx'') Rule 1093 and 
Nasdaq BX, Inc. (``BX'') Chapter VI, Section 11 where the routing 
behavior is identical. Phlx and BX recently amended their routing 
rules.\3\ The Exchange notes that the proposed amendments to NOM 
Chapter VI, Section 11 reflect the current operation of the System. The 
Exchange proposes to provide additional scenarios and outcomes when 
routing on NOM.
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    \3\ See Securities Exchange Act Release Nos. 85655 (April 16, 
2019), 77 FR 16709 (April 22, 2019) (SR-Phlx-2019-06); and 86060 
(June 6, 2019), 84 FR 27374 (June 12, 2019) (SR-BX-2019-017).
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    The Exchange proposes to provide rule text within proposed NOM 
Chapter VI, Section 11(a) \4\ similar to Phlx Rule 1093(a) and BX 
Chapter VI, Section 11(a). Phlx offers FIND and SRCH routing 
strategies, NOM and BX offer SEEK and SRCH routing strategies.\5\ Some 
other differences among the three markets include: (1) Phlx's All-or-
None \6\ Order type differs from NOM; \7\ (2) unlike Phlx and BX, NOM 
does not have an exposure notification; \8\ (3) unlike Phlx and BX 
where Immediate or Cancel Orders will not route, NOM Immediate or 
Cancel (``IOC'') Orders are considered for routing and will cancel if 
not executed on NOM or an away market \9\ and (4) NOM defines a Public 
Customer at Chapter I, Section 1(a)(49) similar to BX, while Phlx 
defines Public Customer within Rule 1093(a).\10\
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    \4\ Proposed NOM Chapter VI, Section 11(a) would provide, ``NOM 
offers two routing strategies, SEEK and SRCH. Each of these routing 
strategies will be explained in more detail below. An order may in 
the alternative be marked Do Not Route or ``DNR''. The Exchange 
notes that for purposes of this rule the System will route SEEK and 
SRCH Orders with no other contingencies. The System checks the Order 
Book for available contracts for potential execution against the 
SEEK or SRCH orders. After the System checks the Order Book for 
available contracts, orders are sent to other available market 
centers for potential execution. For purposes of this rule, a Route 
Timer shall not exceed one second and shall begin at the time orders 
are accepted into the System, and the System will consider whether 
an order can be routed at the conclusion of each Route Timer. For 
purposes of this rule, NOM's opening process is governed by Chapter 
VI, Section 8 and includes an opening after a trading halt 
(``Opening Process'').''
    \5\ NOM and BX do not have a FIND routing strategy similar to 
Phlx.
    \6\ See Phlx Rule 1078. Phlx's All-or-None Order is non-
displayed. This order type could cause Phlx's Order Book to differ 
from the displayed PBBO. NOM has no such non-displayed order type.
    \7\ See NOM Chapter VI, Section 1(e)(10). ``All-or-none'' shall 
mean a market or limit order which is to be executed in its entirety 
or not at all. All-or-None Orders are treated as having a time-in-
force designation of Immediate or Cancel. All-or-None Orders 
received prior to the opening cross or after market close will be 
rejected.
    \8\ Both Phlx and BX offer an exposure notification during the 
Route Timer. This notification alerts options participants that 
interest is available and currently subject to a Route Timer. The 
notification provides information on price, size, and side of 
interest that is available for execution.
    \9\ See NOM Chapter VI, Section 1(g)(2). ``Immediate Or Cancel'' 
or ``IOC'' shall mean for orders so designated, that if after entry 
into the System a marketable order (or unexecuted portion thereof) 
becomes non-marketable, the order (or unexecuted portion thereof) 
shall be canceled and returned to the entering participant. IOC 
Orders shall be available for entry from the time prior to market 
open specified by the Exchange on its website until market close and 
for potential execution from 9:30 a.m. until market close. IOC 
Orders entered between the time specified by the Exchange on its 
website and 9:30 a.m. Eastern Time will be held within the System 
until 9:30 a.m. at which time the System shall determine whether 
such orders are marketable.
    \10\ BX and NOM Rules at Chapter 1, Section 1(a)(49) provide, 
``The term ``Public Customer'' means a person that is not a broker 
or dealer in securities.''
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    Further, the Exchange is amending NOM Chapter VI, Section 11 to add 
more clarity to the current Rule. The proposed changes will be 
discussed below in greater detail. The Exchange notes that the 
amendments to NOM Chapter VI, Section 11 reflect the current operation 
of the System.
    The Exchange proposes to capitalize the term ``system'' as that 
term is defined within Chapter VI, Section 1(a) throughout the rule.
Chapter VI, Section 11(a)
    Current NOM Chapter VI, Section (a)(1)(C) language concerning the 
Route Timer is being relocated into proposed NOM Chapter VI, Section 
11(a). The SEEK and SRCH routing functions describe the manner in which 
the Order Book is checked, this sentence is not necessary in this 
introductory paragraph.
    The Exchange proposes a new second paragraph at NOM Chapter VI, 
Section

[[Page 50496]]

11(a) \11\ similar to BX Chapter VI, Section 11(a) and Phlx Rule 1093. 
The first sentence of current NOM Chapter VI, Section 11(a) \12\ is 
being amended and relocated to proposed NOM Chapter VI, Section 11(a). 
The first sentence currently provides, ``For System securities, the 
order routing process shall be available to Participants from 9:30 a.m. 
Eastern Time until market close and shall route orders as described 
below.'' The amendment to the rule text is not substantive. The 
Exchange proposes to relocate the remainder of current NOM Chapter VI, 
Section 11(a) to the first sentence of the second paragraph of proposed 
NOM Chapter VI, Section 11(a). Finally, the Exchange proposes to 
relocate current NOM Chapter VI, Section 11(a)(1) \13\ to the second 
paragraph of proposed Chapter VI, Section 11(a) and amend the term 
``routing options'' to ``routing instructions.''
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    \11\ The second paragraph of proposed NOM Chapter VI, Section 
11(a) would provide, ``Routing instructions may be combined with all 
available order types and times-in-force, with the exception of 
order types and times-in-force whose terms are inconsistent with the 
terms of a particular routing instruction. The term ``System routing 
table'' refers to the proprietary process for determining the 
specific trading venues to which the System routes orders and the 
order in which it routes them. The Exchange reserves the right to 
maintain a different System routing table for different routing 
instructions and to modify the System routing table at any time 
without notice. The order routing process shall be available to 
Participants from 9:30 a.m. Eastern Time until market close and 
shall route orders as described below. Participants can designate 
orders as either available for routing or not available for routing. 
All routing of orders shall comply with Chapter XII, Options Order 
Protection and Locked and Crossed Market Rules.''
    \12\ Proposed NOM Chapter VI, Section 11(a) provides, ``For 
System securities, the order routing process shall be available to 
Participants from 9:30 a.m. Eastern Time until market close and 
shall route orders as described below. Participants can designate 
orders as either available for routing or not available for routing. 
All routing of orders shall comply with Chapter XII, Options Order 
Protection and Locked and Crossed Market Rules.''
    \13\ Current NOM Chapter VI, Section 11(a)(1) provides, ``The 
system provides a number of routing options pursuant to which orders 
are sent to other available market centers for potential execution, 
per the entering firm's instructions. Routing options may be 
combined with all available order types and times-in-force, with the 
exception of order types and times-inforce whose terms are 
inconsistent with the terms of a particular routing option. The term 
``System routing table'' refers to the proprietary process for 
determining the specific trading venues to which the System routes 
orders and the order in which it routes them. The Exchange reserves 
the right to maintain a different System routing table for different 
routing options and to modify the System routing table at any time 
without notice. The system routing options are:''.
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    Proposed NOM Chapter VI, Section 11(a)(i) \14\ is being relocated 
from current NOM Chapter VI, Section 11(c) \15\ with some minor non-
substantive changes to the rule text to conform the paragraph to Phlx 
Rule 1093(a)(i) and BX Chapter VI, Section 11(a)(i).
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    \14\ Current NOM Chapter VI, Section 11(b) is reserved and is 
being deleted.
    \15\ Current NOM Chapter VI, Section 11(c) provides, ``Priority 
of Routed Orders. Orders sent by the System to other markets do not 
retain time priority with respect to other orders in the System and 
the System shall continue to execute other orders while routed 
orders are away at another market center. Once routed by the System, 
an order becomes subject to the rules and procedures of the 
destination market including, but not limited to, order 
cancellation. A routed order can be for less than the original 
incoming order's size. If a routed order is subsequently returned, 
in whole or in part, that routed order, or its remainder, shall 
receive a new time stamp reflecting the time of its return to the 
System, unless any portion of the original order remains on the 
System, in which case the routed order shall retain its timestamp 
and its priority.''
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    Current NOM Chapter VI, Section 11(d) \16\ is proposed to be 
relocated to proposed NOM Chapter VI, Section 11(a)(ii) with some minor 
non-substantive changes. The Exchange proposes to relocate NOM Chapter 
VI, Section 11(e) and (f) to proposed NOM Chapter VI, Section 
11(a)(ii)(A)-(F). Current Chapter VI, Section 11(g), ``Cancellation of 
Orders and Error Account'' is being re-lettered from ``g'' to ``b'' 
with no changes to the rule text.
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    \16\ Current NOM Chapter VI, Section 11(d) provides, ``Options 
Participants whose orders are routed to away markets shall be 
obligated to honor such trades that are executed on away markets to 
the same extent they would be obligated to honor a trade executed on 
NOM.''
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DNR Orders
    The Exchange proposes to add a new NOM Chapter VI, Section 
11(a)(iii) \17\ with the following text, ``The following order types 
are available:''. The Exchange proposes to adopt a new paragraph at NOM 
Chapter VI, Section 11(a)(iii)(A) to describe the manner in which a DNR 
Order would be handled by the System. Current Chapter VI, Section 11(a) 
provides Participants can designate orders as either available for 
routing or not available for routing but offers no other detail. While 
the proposed new paragraph is similar to NOM and BX, the Exchange notes 
that unlike Phlx Rule 1093(a)(iii)(A) and BX Chapter VI, Section 
11(a)(iii)(A), any references to exposure would not be included in the 
NOM DNR Order description as NOM does not offer an exposure 
notification. The Exchange notes that the NOM DNR Order description 
provides detail as to the manner in which DNR Orders are handled 
currently by the System. A DNR Order would be repriced in the case of a 
locked or crossed market. The Exchange displays the DNR Order at one 
MPV away in compliance with Regulation NMS. An order will not be 
executed at a price that trades through another market or displayed at 
a price that would lock or cross another market. An order that is 
designated by a member as non-routable will be re-priced in order to 
comply with applicable Trade-Through and Locked and Crossed Markets 
restrictions.\18\ The Exchange also provides details as to the price at 
which a DNR Order would rest on the Order Book and/or execute. While 
the ABBO can improve when it crosses a DNR Order the updated ABBO 
cannot be utilized to execute the DNR Order. However, if the DNR order 
locks or crosses the BBO, the DNR order will immediately execute. This 
proposed new paragraph will add greater transparency as to the handling 
of DNR Orders. The Exchange believes that the proposed language will 
benefit market participants because it provides greater information. 
Specifically, the Exchange proposes to make clear that any incoming 
order interacting with such a resting DNR Order will execute at the 
ABBO price, unless (1) the ABBO is improved to a price which crosses 
the DNR's displayed price, in which case the incoming order will 
execute at the previous ABBO price; (2) the ABBO is improved to a price 
which locks the DNR's displayed price, in which case the incoming order 
will execute at the DNR's displayed price. This proposed rule text 
provides the scenarios of when the ABBO, if improved, would cause the 
DNR Order to execute and at what price depending on whether the ABBO 
was locked or crossed.
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    \17\ Proposed NOM Chapter VI, Section 11(a)(iii)(A) provides, 
``A DNR Order will never be routed outside of the Exchange 
regardless of the prices displayed by away markets. A DNR Order may 
execute on the Exchange at a price equal to or better than, but not 
inferior to, the best away market price but, if that best away 
market remains, the DNR Order will remain in the Exchange book and 
be displayed at a price one minimum price variation (``MPV'') away 
from that ABBO. Any incoming order interacting with such a resting 
DNR Order will execute at the ABBO price, unless (1) the ABBO is 
improved to a price which crosses the DNR's displayed price, in 
which case the incoming order will execute at the previous ABBO 
price; (2) the ABBO is improved to a price which locks the DNR's 
displayed price, in which case the incoming order will execute at 
the DNR's displayed price. Should the best away market move to an 
inferior price level, the DNR Order will automatically re-price from 
its one MPV inferior to the original away best bid/offer price to 
one MPV away from the new away best bid/offer price or its original 
limit price.''
    \18\ Also, an order that is designated by the member as routable 
will be routed in compliance with applicable Trade-Through and 
Locked and Crossed Markets restrictions. See NOM Chapter XII.
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SEEK Order
    The Exchange proposes to relocate SEEK Orders which are currently 
within NOM Chapter VI, Section 11(a)(1)(A) into proposed new NOM 
Chapter VI,

[[Page 50497]]

Section 11(a)(iii)(B) similar to BX Chapter VI, Section 
11(a)(1)(A).\19\
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    \19\ As noted herein, Phlx does not have SEEK Orders.
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    The first two sentences of current NOM Chapter VI, Section 
11(a)(1)(A) provide, ``SEEK is a routing option pursuant to which an 
order will first check the System for available contracts for 
execution. After checking the System for available contracts, orders 
are sent to other available market centers for potential execution, per 
the entering firm's instructions.'' The Exchange proposes to amend and 
relocate this rule text into proposed NOM Chapter VI, Section 
11(a)(iii)(B).\20\ The Exchange proposes to modify the second sentence 
of current NOM Chapter VI, Section 11(a)(1)(A) and simply provide that 
the SEEK Order will be sent to other available market centers for 
execution.
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    \20\ Proposed NOM Chapter VI, Section 11(a)(iii)(B) provides, 
``SEEK Order. SEEK is a routing option pursuant to which an order 
will first check the System for available contracts for execution, 
and then is sent to other available market centers for potential 
execution.''
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    The Exchange proposes to provide information as to the manner in 
which a SEEK Order will be handled by the System. The Exchange proposes 
to add a new proposed paragraph at NOM Chapter VI, Section 
11(a)(iii)(B)(1) to provide, ``If a SEEK is received during the Opening 
Process it may route immediately after the Opening Cross pursuant to 
Chapter VI, Section 8(b)(7).'' This new text describes the interplay of 
routing at the end of the Opening Process.\21\ The Exchange utilizes 
the word ``may'' because circumstances may change during the course of 
the Route Timer which may prevent the SRCH Order from routing (e.g. a 
halt). Further, there may be other routable orders with a higher time 
or price priority which may cause other SRCH Orders to not route 
because the away market may not have enough volume to satisfy all the 
SRCH Orders or the away market price may become inferior. The Exchange 
proposes to introduce the defined term ``Opening Process'' within 
proposed NOM Chapter VI, Section 11(a).\22\
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    \21\ Proposed NOM Chapter VI, Section 11(a)(iii)(B)(1) provides, 
``If a SEEK is received during an Opening Process it may route as 
part of the Opening Cross pursuant to Chapter VI, Section 8(b)(7).''
    \22\ The last sentence of the first paragraph of proposed Nasdaq 
Chapter VI, Section 11(a) provides, ``For purposes of this rule 
NOM's opening process is governed by Chapter VI, Section 8 and 
includes an opening after a trading halt (``Opening Process'').''
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    The Exchange proposes to add a new proposed paragraph at NOM 
Chapter VI, Section 11(a)(iii)(B)(2) which provides, ``A SEEK Order 
received after the Opening Process that is marketable against the ABBO 
will route immediately after exhausting all Exchange BBO interest at 
the same or better price.'' Any SEEK Order received after the Opening 
Process, provided it is marketable against the ABBO, will immediately 
route after exhausting all Exchange BBO interest priced the same or 
better than the ABBO. The Exchange notes that during the Route Timer 
the SEEK Order is displayed as part of the BBO, unless it locks or 
crosses.
    The Exchange proposes a to state at NOM Chapter VI, Section 
11(a)(iii)(B)(3),

    If the SEEK Order still has remaining size after an initial 
route attempt, it may: (i) Trade at the next Exchange BBO price (or 
prices) if the SEEK Order price is locking or crossing that price 
(or prices) up to the next ABBO price, and/or (ii) be entered into 
the Order Book at its limit price if not locking or crossing the 
Exchange BBO or the ABBO, except a Price Improving SEEK Order will 
book at its limit price and display one MPV inferior to its limit 
price. If the SEEK Order trades at the next Exchange BBO price (or 
prices) and the SEEK Order still has remaining size after the 
execution, then it may start a Route Timer if the SEEK Order is 
locking or crossing the ABBO, provided the SEEK Order is not booked 
at its limit price.

    The current rule provides that the order will post to the Order 
Book and initiate a Route Timer. The Exchange proposes to make clear 
that several scenarios are possible. First, the SEEK Order may trade at 
the next Exchange BBO price (or prices) if the SEEK Order price is 
locking or crossing that price (or prices) up to the next ABBO price. 
Second, the SEEK Order may be entered into the Order Book at its limit 
price if not locking or crossing the Exchange BBO or the ABBO. Third, 
if the SEEK Order trades at the next BBO price (or prices) and the SEEK 
Order still has remaining size after the execution, then it may start a 
Route Timer if the SEEK Order is locking or crossing the ABBO, provided 
the SEEK Order is not booked at its limit price. Current NOM Chapter 
VI, Section 11(a)(1)(C) provides, ``If an order was routed with either 
the SEEK or SRCH routing option, and has size after such routing, it 
will execute against contra side interest in the book, post in the 
book, and route again pursuant to the process described above, if 
applicable, if the order's limit price would lock or cross another 
market center(s).'' The proposed rule text provides more detail as to 
each of these outcomes.
    The Exchange is adding detail about Price Improving Orders.\23\ 
Specifically, the Exchange proposes to state that Price Improving 
Orders when booked at its limit price are displayed one MPV away. This 
is consistent with the description of the order type within NOM Chapter 
VI, Section 1(a)(6).
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    \23\ Price Improving Orders are orders to buy or sell an option 
at a specified price at an increment smaller than the minimum price 
variation in the security. Price Improving Orders may be entered in 
increments as small as one cent. Price Improving Orders that are 
available for display shall be displayed at the minimum price 
variation in that security and shall be rounded up for sell orders 
and rounded down for buy orders. See NOM Chapter VI, Section 
1(a)(6).
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    The Exchange proposes the following circumstances to inform 
Participants about the various possible outcomes that may occur with 
SEEK Orders. The proposed amendments to NOM Chapter VI, Section 11 
reflect the current operation of the System. As noted herein, the BX 
rule text is not identical to the NOM rule text because NOM does not 
have exposure notifications and the Route Timers therefore initiate 
differently. The Exchange believes that memorializing these various 
outcomes will provide market participants with greater transparency as 
to manner in which SEEK Orders will be handled by the System.
    Proposed new Chapter VI, Section 11(a)(iii)(B)(4) provides,

    If during the Route Timer, the ABBO markets move such that the 
SEEK Order is no longer marketable against the ABBO, it may: (i) 
Trade at the next Exchange BBO price (or prices) if the SEEK Order 
price is locking or crossing that price (or prices), and/or (ii) be 
entered into the Order Book at its limit price (or one MPV inferior 
to its limit price for Price Improving Orders) if not locking or 
crossing the Exchange BBO. A SEEK Order will be included in the 
displayed Exchange BBO, unless the SEEK Order locks or crosses the 
ABBO, in which case it will be entered into the Order Book at the 
ABBO price and displayed one MPV inferior to the ABBO. If there 
exists a locked ABBO when the SEEK Order is entered onto the Order 
Book, the SEEK Order will display at the locked ABBO price. If 
during the Route Timer any new interest arrives opposite the SEEK 
Order that is marketable against the SEEK Order, such interest will 
trade against the SEEK Order at the ABBO price unless the ABBO is 
improved to a price which crosses the SEEK Order's displayed price, 
in which case the incoming order will execute at the previous ABBO 
price. When checking the Order Book, the System will seek to execute 
at the price at which it would send the order to an away market. 
Eligible unexecuted orders will continue to be routed as described 
in paragraph (B)(3).

    The Exchange proposes various scenarios that may occur during the 
Route Timer which would impact order routing. First, the Exchange 
addresses the scenario where the SEEK Order may not be marketable. If 
the SEEK Order is not marketable against the ABBO, it

[[Page 50498]]

may: (i) Trade at the next Exchange BBO price (or prices) if the SEEK 
Order price is locking or crossing that price (or prices), and/or (ii) 
be entered into the Order Book at its limit price (or an MPV inferior 
to its limit price for Price Improving Orders) if not locking or 
crossing the Exchange BBO. The Exchange believes the addition of this 
scenario brings more detail to the current NOM rule.
    The Exchange further notes that a SEEK Order will be included in 
NOM's displayed BBO at its limit price, unless the SEEK Order locks or 
crosses the ABBO in which case the order will be repriced. The SEEK 
Order would be placed on the Order Book at the ABBO price and displayed 
one MPV inferior to the ABBO. If there exists a locked ABBO when the 
SEEK Order is entered on the Order Book, the SEEK Order will display at 
the locked ABBO price. The Exchange reprices orders to avoid locking or 
crossing an away market.
    Finally, the Exchange proposes to also note that if during the 
Route Timer, any new interest arrives opposite the SEEK Order that is 
marketable against the SEEK Order, such interest will trade against the 
SEEK Order at the ABBO price unless the ABBO is improved to a price 
which crosses the SEEK Order's displayed price. In this case the 
incoming order will execute at the previous ABBO price. The current NOM 
rule text at Chapter VI, Section 11(a)(1)(C) provides, ``If, during the 
Route Timer, any new interest arrives opposite the order that is equal 
to or better than the ABBO price, the order will trade against such new 
interest at the ABBO price.'' The Exchange's proposed language 
considers the possibility that the ABBO may cross the SEEK Order 
displayed price and provides for that scenario as well. The Exchange 
proposes to make clear that better priced incoming interest will 
execute against the SEEK Order unless the ABBO crosses the SEEK Order, 
in which case any new interest will execute at the SEEK Order price.
    The following sentence, ``When checking the Order Book, the System 
will seek to execute at the price at which it would send the order to a 
destination market center'' is contained within NOM Chapter VI, Section 
11(a)(1)(A) and modified to state ``Order Book''. The current rule text 
at NOM Chapter VI, Section 11(a)(1)(C) provides, ``Eligible unexecuted 
orders will be routed at the end of the Route Timer provided the order 
was not filled and the order's limit price would continue to lock or 
cross the ABBO.'' The Exchange proposes to refer instead back to 
proposed Chapter VI, Section 11(a)(iii)(B)(3) which includes the 
additional scenarios.
    Current NOM Chapter VI, Section 11(a)(1)(A) \24\ is relocated in 
part. The Exchange proposes to add detail to current rule text within 
proposed new Chapter VI, Section 11(a)(iii)(B)(5) which provides,
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    \24\ The fifth and sixth sentence of current NOM Chapter VI, 
Section 11(a)(1)(A) provide, ``If contracts remain un-executed after 
routing, they are posted on the book at its limit price. While on 
the book, should the order subsequently be locked or crossed by 
another market center, the System will not route the order to the 
locking or crossing market center.''

    SEEK Orders booked at their limit price will subsequently be 
treated as DNR and will not be eligible for routing until the next 
time the option series is subject to an Opening Process pursuant to 
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Chapter VI, Section 8.

The Exchange is retaining current language, in part, and adding rule 
text specifically concerning Price Improving Orders. The last sentence 
of current NOM Chapter VI, Section 11(a)(1)(A), provides, ``SEEK Orders 
will not be eligible for routing until the next time the option series 
is subject to a new opening or reopening'' will be relocated to 
proposed Chapter VI, Section 11(a)(iii)(B)(5) with the defined term 
``Opening Process'' utilized to refer to the opening and reopening 
process. The Exchange proposes to modify current rule text to state 
that ``SEEK Orders booked at their limit price will subsequently be 
treated as DNR and will not be eligible for routing until the next time 
the option series is subject to an Opening Process pursuant to Chapter 
VI, Section 8.''
    The Exchange's proposed rule text expands on this current rule text 
and provides for whether the order is marketable or not and whether the 
ABBO locks or crosses the SEEK Order. The Exchange believes that the 
proposed new rule text provides more context for Participants.
SRCH Order
    The Exchange proposes to relocate SRCH Orders which are currently 
in NOM Chapter VI, Section 11(a)(1)(B) to proposed NOM Chapter VI, 
Section 11(a)(iii)(C). As noted herein, Phlx and NOM SRCH Orders 
differ. NOM SRCH Orders are similar to those of BX described within 
Chapter VI, Section 11(a)(1)(B).
    The Exchange proposes to relocate the first two sentences of 
current NOM Chapter VI, Section 11(a)(1)(B) to proposed NOM Chapter VI, 
Section 11(a)(iii)(C).\25\
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    \25\ Proposed NOM Chapter VI, Section 11(a)(iii)(C) provides, 
``SRCH Order is a routing option pursuant to which an order will 
first check the System for available contracts for execution, and 
then is sent to other available market centers for potential 
execution.''
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    The Exchange proposes to state within proposed NOM Chapter VI, 
Section 11(a)(iii)(C)(1), ``If a SRCH Order is received during an 
Opening Process it may route as part of the Opening Cross pursuant to 
Chapter VI, Section 8(b)(7).'' Similar to the SEEK Order, this language 
will distinguish the Opening Process from intra-day.
    The Exchange proposes a new paragraph at proposed NOM Chapter VI, 
Section 11(a)(iii)(C)(2), which provides,

    A SRCH Order received after the Opening Process that is 
marketable against the ABBO will route immediately after exhausting 
all Exchange BBO interest at the same or better price.

    Similar to SEEK Orders, the Exchange proposes to make clear the 
manner in which a marketable order would route depending on the ABBO in 
relation to the Exchange BBO price.
    The Exchange proposes to add new text at NOM Chapter VI, Section 
11(a)(iii)(C)(3) which provides,

    If the SRCH Order still has remaining size after an initial 
route attempt, it may: (i) Trade at the next Exchange BBO price (or 
prices) if the SRCH Order price is locking or crossing that price 
(or prices) up to the next ABBO price, and/or (ii) be entered into 
the Order Book at its limit price if not locking or crossing the 
Exchange BBO or the ABBO, except a Price Improving SRCH Order will 
book at its limit price and display one MPV inferior to its limit 
price. If the SRCH Order trades at the next Exchange BBO price (or 
prices) and the SRCH Order still has remaining size after the 
execution, then it may start a Route Timer if the SRCH Order is 
locking or crossing the ABBO.

Current NOM Chapter VI, Section 10(a)(1)(B) provide, ``If contracts 
remain un-executed after routing, they are posted on the book. Once on 
the book, should the order subsequently be locked or crossed by another 
market center, it will re-route.'' Similar to SEEK Orders, the Exchange 
proposes to expand on the various scenarios if the SRCH Order still has 
remaining size after an initial route attempt within NOM Chapter VI, 
Section 11(a)(iii)(C)(3). If the SRCH Order still has remaining size 
after an initial route attempt, it may: (i) Trade at the next Exchange 
BBO price if the SRCH Order price is locking or crossing that price (or 
prices) up to the next ABBO price, and/or be entered into the Order 
Book at its limit price if not locking or crossing the Exchange BBO or 
the ABBO, except a Price Improving SRCH Order will book at its limit 
price and display one MPV inferior to its limit price. The Exchange 
proposes these scenarios where the SRCH Order may

[[Page 50499]]

not be marketable to bring more detail to the NOM rule. The Exchange 
then notes that if the SRCH Order trades at the next Exchange BBO price 
(or prices) and the SRCH Order still has remaining size after the 
execution, then it may start a Route Timer if the SRCH Order is locking 
or crossing the ABBO. The Exchange believes that explaining each 
scenario and the potential outcome will provide market participants 
with greater information as to the manner in which NOM's System will 
handle an order marked ``SRCH.'' The proposed amendments to NOM Chapter 
VI, Section 11 reflect the current operation of the System.
    NOM proposes to add new text at NOM Chapter VI, Section 
11(a)(iii)(C)(4) which provides,

    If during the Route Timer, the ABBO markets move such that the 
SRCH Order is no longer marketable against the ABBO, it may: (i) 
Trade at the next Exchange BBO price (or prices) if the SRCH Order 
price is locking or crossing that price (or prices), and/or (ii) be 
entered into the Order Book at its limit price (or one MPV inferior 
to its limit price for Price Improving Orders) if not locking or 
crossing the Exchange BBO. A SRCH Order will be included in the 
displayed Exchange BBO, unless the SRCH Order locks or crosses the 
ABBO, in which case it will be entered into the Order Book at the 
ABBO price and displayed one MPV inferior to the ABBO. If there 
exists a locked ABBO when the SRCH Order is entered onto the Order 
Book, the SRCH Order will display at the locked ABBO price. If 
during the Route Timer any new interest arrives opposite the SRCH 
Order that is marketable against the SRCH Order, such interest will 
trade against the SRCH Order at the ABBO price, unless the ABBO is 
improved to a price which crosses the SRCH Order's displayed price, 
in which case the incoming order will execute at the previous ABBO 
price. When checking the Order Book, the System will seek to execute 
at the price at which it would send the order to an away market. 
Eligible unexecuted orders will continue to be routed as described 
in paragraph (C)(3).

Similar to SEEK Orders, the Exchange proposes to describe the scenario 
where during the Route Timer, the ABBO moves and the SRCH Order is no 
longer marketable against the ABBO. In this scenario, the SRCH Order 
may: (i) Trade at the next Exchange BBO price (or prices) if the SRCH 
Order price is locking or crossing that price (or prices), and/or (ii) 
be entered into the Order Book at its limit price (or one MPV inferior 
to its limit price for Price Improving Orders) if not locking or 
crossing the Exchange BBO.
    Similar to SEEK Orders, the Exchange notes that the SRCH Order will 
be included in the displayed Exchange BBO at its limit price, unless 
the SRCH Order locks or crosses the ABBO, in which case it will be 
entered into the Order Book at the ABBO price and displayed one MPV 
inferior to the ABBO. If there is a locked ABBO when the SRCH Order is 
entered onto the Order Book, the SRCH Order will display at the locked 
ABBO price. This proposed rule text, similar to rule text for SEEK 
Orders provides market participants with information as to away bids 
and offers that are marketable against the SRCH Order. As stated in the 
DNR Order section, the Exchange would display the SRCH Order at one MPV 
away in compliance with Regulation NMS. An order will not be executed 
at a price that trades through another market or displayed at a price 
that would lock or cross another market. An order that is designated by 
a member as non-routable will be re-priced in order to comply with 
applicable Trade-Through and Locked and Crossed Markets 
restrictions.\26\
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    \26\ See NOM Chapter XII.
---------------------------------------------------------------------------

    The Exchange proposes to relocate and amend current NOM Chapter VI, 
Section 11(a)(1)(C) provides, ``If, during the Route Timer, any new 
interest arrives opposite the order that is equal to or better than the 
ABBO price, the order will trade against such new interest at the ABBO 
price'' into proposed NOM Chapter VI, Section 11(a)(iii)(C)(4). The 
Exchange proposes to provide that if during the Route Timer any new 
interest arrives opposite the SRCH Order that is marketable against the 
SRCH Order, such interest will trade against the SRCH Order at the ABBO 
price. However, the Exchange also proposes to add the scenario where 
the ABBO is improved to a price which crosses the SRCH Order's 
displayed price, in which case the incoming order will execute at the 
previous ABBO price. Similar to SEEK Orders the Exchange is providing 
for a scenario where the SRCH Order is crossed.
    The Exchange proposes to relocate the third sentence from current 
NOM Chapter VI, Section 11(a)(1)(B) and modify it to state, ``When 
checking the Order Book, the System will seek to execute at the price 
at which it would send the order to a destination market center.'' 
Also, the Exchange proposes to relocate and modify the third sentence 
from current NOM Chapter VI, Section 11(a)(1)(C) and instead, similar 
to SEEK Orders, provide for eligible unexecuted orders by referring 
back to the proposed new rule text within NOM Chapter VI, Section 
11(a)(iii)(C)(3).
    The Exchange proposes new NOM Chapter VI, Section 11(a)(iii)(C)(5) 
which provides,

    While on the Order Book at the limit price, should the SRCH 
Order subsequently be locked or crossed by another market center, it 
may attempt to route at the conclusion of the Route Timer.

Current rule text within NOM Chapter VI, Section 11(a)(1)(B) provides, 
``If contracts remain un-executed after routing, they are posted on the 
book. Once on the book, should the order subsequently be locked or 
crossed by another market center, it will re-route.'' This sentence is 
being modified to provide, at the end of NOM Chapter VI, Section 
11(a)(iii)(C)(5), ``While on the Order Book at the limit price, should 
the SRCH Order subsequently be locked or crossed by another market 
center, it may attempt to route at the conclusion of the Route Timer.'' 
The addition of ``while on the Order Book at its limit price'' provides 
some context to the scenario that is being described.
    The Exchange proposes all of the following circumstances to inform 
Participants about the various possible outcomes that may occur with 
SRCH Orders. The proposed amendments to NOM Chapter VI, Section 11 
reflect the current operation of the System. The Exchange believes that 
memorializing these various outcomes will provide market participants 
with greater transparency as to manner in which SRCH Orders will be 
handled by the System.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act,\27\ in general, and furthers the objectives of Section 
6(b)(5) of the Act,\28\ in particular, in that it is designed to 
promote just and equitable principles of trade and to protect investors 
and the public interest because the Exchange is adding more detail to 
its routing rule to provide market participants with greater 
transparency. The Exchange believes the added scenarios will provide 
more context to routing in general and for the specific routing 
strategies for the benefit of investors and the public interest. Also, 
in defining terms and utilizing consistent language throughout the 
rule, the Exchange believes the proposed rule will provide transparency 
with respect to the manner in which NOM routes orders. The Exchange 
continues to offer various choices to its market participants with 
respect to routing. The Exchange notes that the proposed amendments to 
NOM Chapter VI, Section 11 reflect the current operation of the System.
---------------------------------------------------------------------------

    \27\ 15 U.S.C. 78f(b).
    \28\ 15 U.S.C. 78f(b)(5).

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[[Page 50500]]

Chapter VI, Section 11
    The Exchange's proposal to utilize the term ``System'' will conform 
this rule to other NOM rules that utilize that term. Explaining the 
Route Timer at the beginning of this proposed rule will provide context 
to use of the term throughout the rule and avoid repetitiveness. 
Defining minimum price variation and Opening Process will bring greater 
transparency to proposed Chapter IV, Section 11. The Exchange believes 
that it is consistent with the Act to refer to the Opening Process 
within Chapter VI, Section 8 when referring to routing during the 
Opening Process to avoid confusion with respect to governing rules. The 
Exchange's proposal to add the concept of DNR at the beginning of the 
rule to make clear up-front that this option is available when 
selecting a routing strategy is a structural non-substantive change 
intended to bring greater clarity to the rule. The remainder of the 
rule changes in the introduction are non-substantive rule changes that 
simply seek to reorganize and add transparency to the current rule 
text.
    Proposed NOM Chapter VI, Section 11(a)(i) is being relocated from 
current NOM Chapter VI, Section 11(c) with some minor non-substantive 
changes to the rule text to conform the paragraph to Phlx Rule 
1093(a)(i) and BX Chapter VI, Section 11(a)(i). Relocating NOM Chapter 
VI, Section 11(d)-(f) are non-substantive changes. The Exchange 
believes that these amendments are consistent with the Act because they 
will bring greater clarity to NOM Chapter VI, Section 11.
DNR Orders
    The Exchange's proposal to add a new NOM Chapter VI, Section 
11(a)(iii)(A) to describe the handling of DNR Orders on NOM will bring 
greater transparency to the Rule. Current Chapter VI, Section 11(a) 
provides Participants can designate orders as either available for 
routing or not available for routing but offers no other detail. The 
new paragraph would be similar to Phlx Rule 1093(a)(iii)(A) and BX 
Chapter VI, Section 11(a)(iii)(A). The Exchange notes that unlike Phlx 
Rule 1093(a)(iii)(A) and BX Chapter VI, Section 11(a)(iii)(A), any 
references to exposure would not be included in the NOM DNR Order 
description as NOM does not offer an exposure notification. The 
Exchange believes that providing detail as to the manner in which a DNR 
Order would be repriced in the case of a locked or crossed market is 
consistent with the Act. The Exchange displays the DNR Order at one MPV 
away in compliance with Regulation NMS. An order will not be executed 
at a price that trades through another market or displayed at a price 
that would lock or cross another market. An order that is designated by 
a member as non-routable will be re-priced in order to comply with 
applicable Trade-Through and Locked and Crossed Markets 
restrictions.\29\ The Exchange also provides details as to the price at 
which a DNR Order would rest on the Order Book and/or execute. While 
the ABBO can improve when it crosses the DNR Order the updated ABBO 
cannot be utilized to execute the DNR Order. However, if the DNR order 
locks or crosses the BBO, the DNR order will immediately execute. This 
proposed new paragraph will add greater transparency as to the handling 
of DNR Orders. The Exchange believes that the proposed language is 
consistent with the Act and will benefit market participants by 
providing greater information regarding DNR Orders.
---------------------------------------------------------------------------

    \29\ See NOM Chapter XII.
---------------------------------------------------------------------------

SEEK and SRCH Order
    The Exchange is relocating SEEK Orders, currently within NOM 
Chapter VI, Section 11(a)(1)(A), into proposed new NOM Chapter VI, 
Section 11(a)(iii)(B) and amending the rule text to simply note the 
manner in which a SEEK Order routes and include other information into 
proposed Chapter VI, Section 11(a)(iii)(B)(1)-(5). The Exchange is 
similarly relocating SRCH Orders which are currently in NOM Chapter VI, 
Section 11(a)(1)(B) to proposed NOM Chapter VI, Section 11(a)(iii)(C).
    The Exchange's proposal to delete the second sentence of current 
NOM Chapter VI, Section 11(a)(i)(B) which states, '' After checking the 
System for available contracts, orders are sent to other available 
market centers for potential execution, per the entering firm's 
instructions'' is consistent with the Act because this sentence is 
unnecessary and does not provide additional information as to how a 
SEEK Order is routed. The Exchange's proposed new rule text provides 
information as to the manner in which an SEEK Order will be handled by 
the System in various situations. The Exchange's proposal to add 
proposed Chapter VI, Section 11(a)(iii)(B) will clarify that a 
marketable SEEK Order would immediately route, if the ABBO is better 
priced than the BX BBO. The Exchange proposes the same sentence for 
SRCH Orders at Chapter VI, Section 11(a)(iii)(C)(1). The Exchange makes 
clear that an order will not be executed at a price that trades through 
another market or displayed at a price that would lock or cross another 
market. An order that is designated by a member as non-routable will be 
re-priced in order to comply with applicable Trade-Through and Locked 
and Crossed Markets restrictions.\30\ The Exchange proposes to add new 
text at NOM Chapter VI, Section 11(a)(iii)(B)(1) to describe the 
interplay of routing at the end of the Opening Process. The Exchange 
proposes to add the same sentence for SRCH Orders at NOM Chapter VI, 
Section 11(a)(iii)(C)(1). The Exchange's proposal to replace the 
remainder of the rule text within current NOM Chapter VI, Section 
11(a)(1)(A) with new rule text that provides greater detail is 
consistent with the Act because the new text will provide greater 
transparency to the current handling of SEEK Orders.
---------------------------------------------------------------------------

    \30\ See NOM Chapter XII.
---------------------------------------------------------------------------

    The Exchange proposes for both SEEK and SRCH Orders to provide for 
all scenarios when the SEEK or SRCH Order has remaining size and 
provides for remaining size when the ABBO is locked or crossed.\31\ The 
Exchange also accounts for ABBO movement during the Route Timer such 
that the SEEK or SRCH Order is no longer marketable against the ABBO 
and provides the potential scenarios.\32\ The Exchange notes if a 
locked ABBO existed when the SEEK Order was entered onto the Order 
Book, the price at which the order would display. The rule text also 
makes clear that better priced incoming interest will execute against 
the SEEK or SRCH Order unless the ABBO crosses the SEEK or SRCH Order 
and then new interest will execute at the previous ABBO price.\33\
---------------------------------------------------------------------------

    \31\ See proposed NOM Chapter VI, Section 11(a)(iii)(B)(3) and 
(C)(3).
    \32\ See proposed NOM Chapter VI, Section 11(a)(iii)(B)(4) and 
(C)(4).
    \33\ Id.
---------------------------------------------------------------------------

    The Exchange's proposal to provide for additional scenarios within 
the current rule text for both SEEK and SRCH Orders is consistent with 
the Act because Participants will be informed about various potential 
outcomes when marking their orders as SEEK or SRCH. The Exchange's 
proposal would continue to allow such orders to trade when marketable, 
but would not permit trade-throughs. The rule text brings greater 
transparency to the rule by proposing various routing scenarios. The 
Exchange believes that memorializing these various outcomes will 
provide market participants with greater transparency as to manner in

[[Page 50501]]

which SEEK and SRCH Orders will be handled by the System.

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. The proposed routing rules 
apply to all market participants including routing during an Opening 
Process. The Exchange believes that adding greater detail to its rules 
does not impose an undue burden on competition, rather it provides 
greater transparency as to the potential outcomes when utilizing 
different routing strategies. Further, the Exchange notes that market 
participants may elect not to route their orders. The Exchange 
continues to offer various options to its market participants with 
respect to routing. The Exchange notes that the amendments to NOM 
Chapter VI, Section 11 reflect the current operation of the System.

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 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 \34\ and Rule 19b-
4(f)(6) thereunder.\35\
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    \34\ 15 U.S.C. 78s(b)(3)(A).
    \35\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) 
requires a self-regulatory organization to give the Commission 
written notice of its 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.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the 
Act \36\ normally does not become operative for 30 days after the date 
of its filing. However, Rule 19b-4(f)(6)(iii) \37\ permits the 
Commission to designate a shorter time if such action is consistent 
with the protection of investors and the public interest. The Exchange 
has requested that the Commission waive the 30-day operative delay so 
that the proposed rule change may become operative upon filing. The 
Commission believes that waiving the 30-day operative delay is 
consistent with the protection of investors and the public interest, as 
it will allow the Exchange to immediately provide members with greater 
information and transparency on potential order routing strategies 
available on the Exchange. For this reason, the Commission hereby 
waives the 30-day operative delay and designates the proposed rule 
change as operative upon filing.\38\
---------------------------------------------------------------------------

    \36\ 17 CFR 240.19b-4(f)(6).
    \37\ 17 CFR 240.19b-4(f)(6)(iii).
    \38\ For purposes only of waiving the 30-day operative delay, 
the Commission also has considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

    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 email to [email protected]. Please include 
File Number SR-NASDAQ-2019-077 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities 
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.

All submissions should refer to File Number SR-NASDAQ-2019-077. 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 website (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 website 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. Persons submitting comments are 
cautioned that we do not redact or edit personal identifying 
information from comment submissions. You should submit only 
information that you wish to make available publicly. All submissions 
should refer to File Number SR-NASDAQ-2019-077, and should be submitted 
on or before October 16, 2019.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\39\
---------------------------------------------------------------------------

    \39\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-20712 Filed 9-24-19; 8:45 am]
BILLING CODE 8011-01-P