[Federal Register Volume 87, Number 133 (Wednesday, July 13, 2022)]
[Notices]
[Pages 41774-41776]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14882]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-95216; File No. SR-NASDAQ-2022-038]


Self-Regulatory Organizations; The Nasdaq Stock Market LLC; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To 
Extend the Implementation Date of Its Post-Trade Risk Management 
Product to Q4 2022

July 7, 2022.
    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 30, 2022, The Nasdaq Stock Market LLC (``Nasdaq'' or 
``Exchange'') filed with the Securities and Exchange Commission 
(``SEC'' or ``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 extend the implementation date of its 
Post-Trade Risk Management product to Q4 2022.
    The text of the proposed rule change is available on the Exchange's 
website at https://listingcenter.nasdaq.com/rulebook/nasdaq/rules, 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
    Nasdaq is filing this proposal to extend the implementation date of 
its Post-Trade Risk Management tool to Q4 2022.
    Nasdaq proposed to enhance its connectivity, surveillance and risk 
management services by launching three re-platformed products: (i) 
WorkX, (ii) Real-Time Stats and (iii) Post-Trade Risk Management. These 
changes were filed by Nasdaq on April 20, 2021 and published in the 
Federal Register on May 7, 2021.\3\
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    \3\ See Securities Exchange Act Release No. 91744 (May 3, 2021), 
86 FR 24685 (May 7, 2021) (NASDAQ-2021-025) (``Proposal'').
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    Nasdaq initially proposed that WorkX and Real-Time Stats would 
launch on April 12, 2021 and Post-Trade Risk Management would launch no 
later than Q3 2021.\4\ Due to re-prioritization in the Nasdaq product 
pipeline, on September 14, 2021, Nasdaq proposed to delay the 
implementation date of Post-Trade Risk Management until Q1 2022.\5\ 
Nasdaq subsequently proposed to delay the implementation date from Q1 
2022 to

[[Page 41775]]

Q2 2022.\6\ Due to continued re-prioritization, Nasdaq is further 
delaying the implementation of Post-Trade Risk Management until Q4 
2022.\7\ The Exchange will announce the new implementation date in an 
Equity Trader Alert at least ten days in advance of implementing the 
Post-Trade Risk Management product.
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    \4\ See Proposal supra n. 3 at 24685.
    \5\ See Securities Exchange Act Release No. 93125 (September 24, 
2021), 86 FR 54255 (September 30, 2021) (SR-NASDAQ-2021-073).
    \6\ See Securities Exchange Act Release No. 94704 (April 12, 
2022), 87 FR 22958 (April 18, 2022) (SR-NASDAQ-2022-029).
    \7\ As a result of the delay, the Exchange is designating Equity 
7, Section 116-A, the Post-Trade Risk Management Rule, to be 
operative in Q4 2022.
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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 furthers the objectives of Section 
6(b)(5) of the Act,\9\ in particular, in that it is designed 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.
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    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
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    The purpose of this proposal is to modify the timing of the planned 
implementation for the Post-Trade Risk Management product and to inform 
the SEC and market participants of that change. The introduction of the 
Post-Trade Risk Management product was proposed in a rule filing that 
was submitted to the SEC, and the Exchange is not proposing with this 
filing, any changes other than to modify the implementation date for 
the Post-Trade Risk Management product. Nasdaq is delaying the 
implementation date in order to complete testing in line with Nasdaq's 
re-prioritized product pipeline.

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. As explained above, the purpose 
of this proposal is to modify the timing of the planned implementation 
for the Post-Trade Risk Management product and to inform the SEC and 
market participants of that change. The existing Nasdaq Risk Management 
product will continue to be available, and the implementation delay 
will impact all market participants equally. The Exchange does not 
expect the date change to place any burden on competition and clearing 
brokers will continue to have use of Nasdaq Risk Management service to 
monitor correspondent activity against limit settings and manage credit 
risk exposure.

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 \10\ and Rule 19b-
4(f)(6) thereunder.\11\
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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)(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.
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    A proposed rule change filed under Rule 19b-4(f)(6) under the Act 
\12\ normally does not become operative prior to 30 days after the date 
of the filing. However, Rule 19b-4(f)(6)(iii) \13\ 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 asked the Commission to waive the 30-day operative delay. Waiver of 
the operative delay would allow the Exchange to immediately delay the 
implementation date of the Post-Trade Risk Management product to Q4 
2022, so that the Exchange may complete testing in line with its re-
prioritized product pipeline. The Commission believes that waiver of 
the 30-day operative delay is consistent with the protection of 
investors and the public interest. Accordingly, the Commission hereby 
waives the 30-day operative delay and designates the proposed rule 
change operative upon filing.\14\
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    \12\ 17 CFR 240.19b-4(f)(6).
    \13\ 17 CFR 240.19b-4(f)(6)(iii).
    \14\ For purposes only of waiving the 30-day operative delay, 
the Commission has also 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-2022-038 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-2022-038. 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

[[Page 41776]]

submissions should refer to File Number SR-NASDAQ-2022-038 and should 
be submitted on or before August 3, 2022.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-14882 Filed 7-12-22; 8:45 am]
BILLING CODE 8011-01-P