[Federal Register Volume 76, Number 92 (Thursday, May 12, 2011)]
[Notices]
[Pages 27678-27680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-11615]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-64426; File No. SR-NASDAQ-2011-067]
Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing of Proposed Rule Change To Amend Rule 4120(a)(11) To
Include Additional Securities in the Pilot by Which Such Rule Operates
and Amend Rule 4613(a) To Simplify Certain Aspects of the Text While
Also Conforming Certain of the Percentages Thereunder to the Proposed
Changes to Rule 4120(a)(11)
May 6, 2011.
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 May 4, 2011, The NASDAQ Stock Market LLC (``Exchange''), filed with
the Securities
[[Page 27679]]
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 NASDAQ Rule 4120(a)(11) to include
additional securities in the pilot by which such rule operates and
amend Rule 4613(a) to simplify certain aspects of the text while also
conforming certain of the percentages thereunder to the proposed
changes to Rule 4120(a)(11).
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 Rule 4120(a)(11) to include
additional securities in the pilot by which such rule operates and
amend Rule 4613(a) to simplify certain aspects of the text while also
conforming certain of the percentages thereunder to the proposed
changes to Rule 4120(a)(11).
The Commission approved Rule 4120(a)(11) on a pilot basis on June
10, 2010 to provide for trading pauses in individual securities due to
extraordinary market volatility (``Trading Pause'') in all securities
included within the S&P 500[supreg] Index (``S&P 500'') (``Trading
Pause Pilot'' or ``Pilot'').\3\ The Exchange noted in its filing to
adopt Rule 4120(a)(11) that during the Pilot period it would continue
to assess whether additional securities need to be added and whether
the parameters of Rule 4120(a)(11) would need to be modified to
accommodate trading characteristics of different securities. The
Exchange subsequently received approval to add to the Pilot the
securities included in the Russell 1000[supreg] Index (``Russell
1000'') and a specified list of Exchange Traded Products (``ETPs'').\4\
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\3\ The Commission approved the Trading Pause Pilot for all
equities exchanges and FINRA. See Securities Exchange Act Release
No. 62252 (June 10, 2010), 75 FR 34186 (June 16, 2010) (File Nos.
SR-BATS-2010-014; SR-EDGA-2010-01; SR-EDGX-2010-01; SR-BX-2010-037;
SR-ISE-2010-48; SR-NYSE-2010-39; SR-NYSEAmex-2010-46; SR-NYSEArca-
2010-41; SR-NASDAQ-2010-061; SR-CHX-2010-10; SR-NSX-2010-05; and SR-
CBOE-2010-047) and Securities Exchange Act Release No. 62251 (June
10, 2010), 75 FR 34183 (June 16, 2010) (SR-FINRA-2010-025).
\4\ The Commission approved the addition to the Trading Pause
Pilot of the securities included in the Russell 1000 and ETPs, where
applicable, for all equities exchanges and FINRA. See Securities
Exchange Act Release No. 62884 (September 10, 2010), 75 FR 56618
(September 16, 2010) (File Nos. SR-BATS-2010-018; SR-BX-2010-044;
SR-CBOE-2010-065; SR-CHX-2010-14; SR-EDGA-2010-05; SR-EDGX-2010-05;
SR-ISE-2010-66; SR-NASDAQ-2010-079; SR-NYSE-2010-49; SR-NYSEAmex-
2010-63; SR-NYSEArca-2010-61; and SR-NSX-2010-08 and Securities
Exchange Act Release No. 62883 (September 10, 2010), 75 FR 56608
(September 16, 2010) (SR-FINRA-2010-033). The Exchange submitted a
proposed rule change shortly after the addition of the Russell 1000
securities and ETPs to extend the operation of the Pilot, which was
set to expire on December 10, 2010, until April 11, 2011. See
Securities Exchange Act Release No. 63505 (December 9, 2010), 75 FR
78302 (December 15, 2010) (SR-NASDAQ-2010-162). On March 31, 2011,
the Exchange submitted a proposed rule change to further extend the
pilot program until the earlier of August 11, 2011 or the date on
which a limit up/limit down mechanism to address extraordinary
market volatility, if adopted, applies. See Securities Exchange Act
Release No. 64174 (April 4, 2011), 76 FR 19819 (April 8, 2011) (SR-
NASDAQ-2011-042).
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The Exchange has continued to assess whether additional securities
need to be added to the Pilot and whether the parameters of Rule
4120(a)(11) need to be modified to accommodate trading characteristics
of different securities. In consultation with other markets and the
staff of the Commission, the Exchange proposes to include all NMS
stocks within the Pilot that are not already included therein, but to
apply a wider price move percentage to the newly added securities.
Accordingly, the Exchange proposes to delete language concerning the
limited application of Rule 4120(a)(11) from the rule's text, as the
text therein would no longer be necessary. The Exchange proposes that
the price move required to trigger a trading pause for the proposed new
securities be 30% or more for such securities priced at $1 or higher
and 50% or more for such securities priced less than $1.\5\ The
Exchange believes that applying a broader percentage to securities
priced less than $1 compared to those priced above $1 is appropriate
given that lower-priced securities tend to be more volatile, and price
movements of lower-priced securities equate to a higher percentage move
than a similar price change for a higher-priced stock. The Exchange
also believes that these percentages are commensurate with the
characteristics shared by the proposed new securities within these
price ranges and would promote the objectives of the Trading Pause
Pilot to reduce the negative impacts of unanticipated price movements
in a security. In particular, the proposed additional stocks are those
not currently included in the S&P 500 Index, Russell 1000 Index, or
specified ETPs, and therefore are more likely to be less liquid
securities or securities with lower trading volumes. Accordingly, the
Exchange believes that broader price move percentages would be
appropriate. Similarly, because leveraged ETPs trade at a ratio against
the associated index, a broader price move percentage would also be
appropriate for leveraged ETPs. The Exchange proposes to include new
subsections 4120(a)(11)(A), (B) and (C) to reflect the distinction
between the applicable price move percentages for current Pilot
securities and the proposed new securities to be included within the
Pilot.\6\ The Exchange is not proposing any other changes to the text
of Rule 4120(a)(11) or the operation of the Pilot, and will continue to
assess whether the parameters for invoking a Trading Pause continue to
be appropriate and whether the parameters should be modified.
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\5\ Under the proposed rule change, the price of a security
would be based on the closing price on the previous trading day, or,
if no closing price exists, the last sale reported to the
Consolidated Tape on the previous trading day.
\6\ The Exchange is not proposing a change to the price move
percentage applicable to securities currently included within the
current Pilot. However, the changes proposed herein would require
that certain rule text pertaining to the price move for the existing
Pilot securities be reorganized within Rule 4120(a)(11).
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The proposed changes to the Pilot, if approved, would require that
the text of Rule 4613(a), which pertains to the pricing obligations
that Market Makers are required to adhere to, be amended to correct the
cross-references therein to Rule 4120(a)(11) and the price move
thereunder. Specifically, the Exchange proposes to remove any text from
Rule 4613(a) addressing NMS stocks that are not subject to the Pilot
because no such securities would exist and such text would therefore be
unnecessary. The Exchange also proposes to simplify Rule 4613(a) by
explicitly stating the percentages that are applicable thereunder and
the times during the trading day when Rule 4120(a)(11) is not in
effect. The Exchange notes that part of this proposed change would be
[[Page 27680]]
substantive, in that the percentages under Rule 4613(a) would decrease
slightly for the proposed new securities priced at $1 or greater. The
Exchange believes that this proposed substantive change would not have
a significant impact on Market Maker pricing obligations and is
reasonable because it would ensure that the designated quoting
percentages in Rule 4613(a) are within a narrower range than the
percentages necessary to trigger a Trading Pause.
2. Statutory Basis
The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\7\ in general, and furthers the objectives of Section
6(b)(5),\8\ in particular, in that it is designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in facilitating transactions in securities, and to
remove impediments to and perfect the mechanism of a free and open
market and a national market system. The proposed rule change also is
designed to support the principles of Section 11A(a)(1) \9\ of the Act
in that it seeks to ensure fair competition among brokers and dealers
and among exchange markets. The Exchange believes that the proposed
rule meets these requirements because it expands the scope of the Pilot
to cover all NMS stocks while adjusting the parameters of the rule for
different securities in a manner that will promote uniformity across
markets concerning decisions to pause trading in a security when there
are significant price movements. Additionally, the proposed changes
would ensure that the designated quoting percentages in Rule 4613(a)
are within a narrower range than the percentages necessary to trigger a
Trading Pause.
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\7\ 15 U.S.C. 78f(b).
\8\ 15 U.S.C. 78f(b)(5).
\9\ 15 U.S.C. 78k-1(a)(1).
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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, as amended.
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
Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period (i) As the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
(A) By order approve or disapprove such proposed rule change, or
(B) Institute proceedings to determine whether the proposed rule
change should be 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 e-mail to [email protected]. Please include
File Number SR-NASDAQ-2011-067 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-2011-067. This
file number should be included on the subject line if e-mail 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 a.m. and 3 p.m. Copies of such filing also will be
available for inspection and copying at the principal office of the
Exchange. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
publicly available. All submissions should refer to File Number SR-
NASDAQ-2011-067 and should be submitted on or before June 2, 2011.
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\10\ 17 CFR 200.30-3(a)(12).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-11615 Filed 5-11-11; 8:45 am]
BILLING CODE 8011-01-P