82_FR_40988 82 FR 40823 - Self-Regulatory Organizations; Bats EDGA Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Rule 11.8, Order Types, To Permit Midpoint Discretionary Orders To Be Non-Displayed

82 FR 40823 - Self-Regulatory Organizations; Bats EDGA Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Rule 11.8, Order Types, To Permit Midpoint Discretionary Orders To Be Non-Displayed

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 165 (August 28, 2017)

Page Range40823-40825
FR Document2017-18126

Federal Register, Volume 82 Issue 165 (Monday, August 28, 2017)
[Federal Register Volume 82, Number 165 (Monday, August 28, 2017)]
[Notices]
[Pages 40823-40825]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18126]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81454; File No. SR-BatsEDGA-2017-21]


Self-Regulatory Organizations; Bats EDGA Exchange, Inc.; Notice 
of Filing and Immediate Effectiveness of a Proposed Rule Change To 
Amend Rule 11.8, Order Types, To Permit Midpoint Discretionary Orders 
To Be Non-Displayed

August 22, 2017.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given 
that on August 11, 2017, Bats EDGA Exchange, Inc. (the ``Exchange'' or 
``EDGA'') filed with the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I, II, 
and III below, which Items have been prepared by the Exchange. The 
Exchange has designated this proposal as a ``non-controversial'' 
proposed rule change pursuant to Section 19(b)(3)(A) of the Act \3\ and 
Rule 19b-4(f)(6)(iii) thereunder,\4\ which renders it effective upon 
filing with the Commission. The Commission is publishing this notice to 
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange filed a proposed rule change to permit MidPoint 
Discretionary Orders (``MDO'') to be Non-Displayed \5\ by amending 
paragraph (e) of Exchange Rule 11.8, Order Types.
---------------------------------------------------------------------------

    \5\ See Exchange Rule 11.6(e)(2).
---------------------------------------------------------------------------

    The text of the proposed rule change is available at the Exchange's 
Web site at www.bats.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 parts of such 
statements.

(A) Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    An MDO is a limit order to buy that is displayed at and pegged to 
the National Best Bid (``NBB''), with discretion to execute at prices 
up to and including the midpoint of the National Best Bid and Offer 
(``NBBO''), or a limit order to sell that is displayed at and pegged to 
the National Best Offer (``NBO''), with discretion to execute at prices 
down to and including the midpoint of the NBBO.\6\ MDOs are designed to 
exercise discretion to execute to the midpoint of the NBBO and provide 
price improvement over the NBBO.
---------------------------------------------------------------------------

    \6\ See Exchange Rule 11.8(e) for a complete description of the 
operation of MDOs.
---------------------------------------------------------------------------

    Currently, an MDO is displayed on the EDGA Book \7\ at the NBB or 
NBO to which it is pegged. The Exchange now proposes to permit Users 
\8\ to elect that their MDO be Non-Displayed on the EDGA Book by 
amending paragraph (e) of Exchange Rule 11.8, Order Types. Therefore, 
the Exchange proposes to add new paragraph (4) to the description of 
MDOs under Rule 11.8(e) stating that an MDO will default to a Displayed 
\9\ instruction unless the User includes a Non-Displayed instruction on 
the order and will be Displayed or Non-Displayed on the EDGA Book at 
its pegged or limit price in accordance with paragraph (e) of Rule 
11.8.\10\ The price to which an MDO is pegged to, whether Displayed or 
Non-Displayed, will continue to operate in the same manner as it does 
today in all other respects. Proposed paragraph (4) of Rule 11.8(e) 
would also specify that a User may elect that its MDO that is displayed 
on the EDGA Book include the User's market participant identifier 
(``MPID'') by selecting the Attributable instruction.\11\ Otherwise, an 
MDO with a Displayed instruction will automatically default to a Non-
Attributable \12\ instruction. This is consistent with the current 
operation of orders that are to be displayed on the EDGA Book.\13\
---------------------------------------------------------------------------

    \7\ See Exchange Rule 1.5(d).
    \8\ See Exchange Rule 1.5(ee).
    \9\ See Exchange Rule 11.6(e)(1).
    \10\ The Exchange proposes to renumber existing paragraph (4) as 
(5) and to increase the numbering of each following paragraph under 
Rule 11.8(e) accordingly.
    \11\ See Exchange Rule 11.6(a).
    \12\ See Exchange Rule 11.6(a)(1).
    \13\ See e.g, Exchange Rule 11.8(b)(4).

---------------------------------------------------------------------------

[[Page 40824]]

    The Exchange also proposes to make certain revisions to paragraph 
(e) of Rule 11.8 to account for enabling Users to elect that an MDO to 
be Non-Displayed. These revisions include deleting references to 
``displayed'' prices and replacing certain references to ``displayed'' 
with ``pegged''. As stated above and as currently set forth in Rule 
11.8(e), the price at which an MDO is displayed on the EDGA Book is 
either the NBB or NBO to which it is pegged. An MDO that is to be Non-
Displayed will operate in the same manner but its pegged price will 
simply not be displayed on the EDGA Book. Therefore, deleting 
references to ``displayed'' prices and replacing certain references to 
``displayed'' with ``pegged'' would not affect the operation of an MDO 
other than to account for when an MDO is Non-Displayed. First, the 
Exchange proposes to amend the first sentence of paragraph (e) of Rule 
11.8 to delete references to ``displayed''. As a result, an MDO would 
be defined as ``a limit order to buy that is pegged to the NBB, with 
discretion to execute at prices up to and including the midpoint of the 
NBBO, or a limit order to sell that is pegged to the NBO, with 
discretion to execute at prices down to and including the midpoint of 
the NBBO.'' References to ``displayed'' throughout the remainder of 
paragraph (e) of Rule 11.8 would be replaced by ``pegged''. Therefore, 
the rule would state that an MDO's pegged price, like its displayed 
price today, and Discretionary Range \14\ are bound by its limit 
price.\15\ The pegged prices of an MDO, like its displayed price today, 
will continue to be derived from the NBB or NBO, and will continue to 
be unable to independently establish or maintain the NBB or NBO.
---------------------------------------------------------------------------

    \14\ See Exchange Rule 11.6(d). The Exchange also proposes to 
capitalize all references to the defined term ``Discretionary 
Range'' within Rule 11.8(e).
    \15\ An MDO to buy or sell with a limit price that is less than 
the prevailing NBB or higher than the prevailing NBO, respectively, 
will continue to be posted to the EDGA Book at its limit price. See 
Exchange Rule 11.8(e).
---------------------------------------------------------------------------

    The Exchange also proposes to amend renumbered paragraph (7) to 
make two non-substantive, clarifying changes and to replace the term 
``displayed'' with ``pegged''. The current language states that an MDO 
with a limit price and time-in-force of Day that rests on the EDGA Book 
will be repriced. The Exchange proposes to delete the phrase ``with a 
limit price and a time-in-force of Day'' as all MDOs must include a 
limit price and may include time-in-force instructions other than Day 
that would cause them to rest on the EDGA Book, such as RHO, GTX, and 
GTD. Paragraph (7) also states that the pegged price of an MDO that is 
resting on the EDGA Book will be adjusted in response to changes in the 
midpoint of the NBBO. While this language is technically correct and 
the midpoint of the NBBO will change in the case where either the NBB 
or NBO changes, the Exchange proposes to amend paragraph (7) to clarify 
that the pegged price will be adjusted in response to changes in the 
NBB or NBO as those are the prices that the pegged price tracks. 
Lastly, the amended rule would state that any unexecuted portion of an 
MDO that is resting on the EDGA Book will receive a new time stamp each 
time its pegged price, rather than displayed price, is automatically 
adjusted in response to changes in the NBBO.
    Today, for purposes of MDO priority, the displayed price of an MDO 
is treated like a Limit Order that is displayed on the EDGA Book.\16\ 
Limit Orders with a Non-Displayed instruction have priority behind 
Limit Orders with a Displayed instruction resting on the EDGA Book.\17\ 
In order to continue to treat MDO priority consistent with that of 
Limit Orders, and not like other orders with a Pegged instruction, the 
Exchange proposes that an MDO with a Non-Displayed instruction will 
have the same priority as Limit Orders with a Non-Displayed instruction 
when executed at their pegged price. As a result, the Exchange proposes 
to amend paragraph (a)(2)(C)(i) of Rule 11.9 to specify that, for 
purposes of order priority, the pegged price of an MDO, like its 
displayed price today, will be treated as a Limit Order, as defined in 
Exchange Rule 11.8(b). This change is designed to account for the 
pegged price of an MDO being Displayed or Non-Displayed and the 
proposed priority of an MDO with a Non-Displayed instruction. MDOs 
executed in their Discretionary Range will maintain the same priority 
as they do today regardless of whether their pegged price is displayed 
on the EDGA Book.\18\
---------------------------------------------------------------------------

    \16\ See Exchange Rule 11.9(a)(2)(C)(i).
    \17\ See Exchange Rule 11.9(a)(2)(A)(ii).
    \18\ See Exchange Rule 11.9(a)(2)(A)(iv).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act \19\ in general, and furthers the objectives of Section 
6(b)(5) of the Act \20\ in particular, in that it is designed to 
promote just and equitable principles of trade, to foster cooperation 
and coordination with persons engaged in facilitating transactions in 
securities, 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 proposed rule change 
promotes just and equitable principles of trade because it would 
provide Users who utilize MDOs with additional flexibility by enabling 
such Users to elect that the pegged price of the MDO not be displayed 
on the EDGA Book. All other aspects of an MDO will remain unchanged. 
Allowing for the non-display of MDOs on the EDGA Book would minimize 
the market impact of larger orders. The proposed rule change may also 
incentivize Users to enter MDOs with large sizes thereby increasing 
liquidity at the NBBO as well as the midpoint of the NBBO, resulting in 
increased price improvement opportunities for contra-side orders. The 
Exchange notes that electing that an MDO be Non-Displayed would be 
voluntary, and that such orders will default to Displayed unless the 
User elects Non-Displayed.
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78f(b).
    \20\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    Furthermore, the Exchange notes that NYSE Arca, Inc. (``NYSE 
Arca'') and the Investors Exchange LLC (``IEX'') both currently offer 
order types that peg to the NBBO with discretion to execute to the 
midpoint of the NBBO and allow for the order's pegged price to not be 
displayed on their respective order books.\21\
---------------------------------------------------------------------------

    \21\ See NYSE Arca Rule 7.31(h)(3) (defining the Discretionary 
Pegged Order). See also Securities Exchange Act Release No. 78181 
(June 28, 2016), 81 FR 43297 (July 1, 2016) (order approving the 
Discretionary Pegged Order). See IEX Rule 11.190(a)(3) (defining 
Pegged Orders as a non-displayed order which may be pegged to the 
inside quote on the same side of the market with discretion to the 
midpoint of the NBBO, i.e., Discretionary Peg orders). See also 
Securities Exchange Act Release No. 78101 (June 17, 2016), 81 FR 
41141 (June 23, 2016) (order approving the IEX exchange application, 
which included IEX's Pegged Orders and Discretionary Peg Order).
---------------------------------------------------------------------------

    Lastly, the Exchange believes the non-substantive clarifying 
changes to Exchange Rule 11.8(e) remove impediments to and perfect the 
mechanism of a free and open market and a national market system as 
they seek to remove or correct in order to ensure the rule accurately 
reflects the operation of MDOs and avoid potential investor confusion.
    Therefore, the Exchange believes the proposal removes impediments 
to and perfects the mechanism of a free and open market and a national 
market system, and, in general, protects investors and the public 
interest.

(B) Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
result in

[[Page 40825]]

any burden on competition that is not necessary or appropriate in 
furtherance of the purposes of the Act, as amended. On the contrary, 
the Exchange believes the proposed rule change promotes competition 
because it will enable the Exchange to offer functionality similar to 
that offered by NYSE Arca and IEX.\22\ Therefore, the Exchange does not 
believe the proposed rule change will result in any burden on 
intermarket competition that is not necessary or appropriate in 
furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \22\ Id.
---------------------------------------------------------------------------

(C) Self-Regulatory Organization's Statement on Comments on the 
Proposed Rule Change Received From Members, Participants or Others

    No comments were solicited or received on the proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    Because the foregoing proposed rule change does not: (A) 
Significantly affect the protection of investors or the public 
interest; (B) impose any significant burden on competition; and (C) by 
its terms, 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 \23\ and 
paragraph (f)(6) of Rule 19b-4 thereunder,\24\ the Exchange has 
designated this rule filing as non-controversial. The Exchange has 
given 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.
---------------------------------------------------------------------------

    \23\ 15 U.S.C. 78s(b)(3)(A).
    \24\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

    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: (1) 
Necessary or appropriate in the public interest; (2) for the protection 
of investors; or (3) 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-BatsEDGA-2017-21 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-BatsEDGA-2017-21. 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-BatsEDGA-2017-21 and should 
be submitted on or before September 18, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\25\
---------------------------------------------------------------------------

    \25\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-18126 Filed 8-25-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                     Federal Register / Vol. 82, No. 165 / Monday, August 28, 2017 / Notices                                                  40823

                                                    Electronic Comments                                       SECURITIES AND EXCHANGE                               the most significant parts of such
                                                                                                              COMMISSION                                            statements.
                                                      • Use the Commission’s Internet
                                                    comment form (http://www.sec.gov/                         [Release No. 34–81454; File No. SR–                   (A) Self-Regulatory Organization’s
                                                    rules/sro.shtml); or                                      BatsEDGA–2017–21]                                     Statement of the Purpose of, and
                                                                                                                                                                    Statutory Basis for, the Proposed Rule
                                                      • Send an email to rule-comments@                       Self-Regulatory Organizations; Bats                   Change
                                                    sec.gov. Please include File Number SR–                   EDGA Exchange, Inc.; Notice of Filing
                                                    NYSEArca–2017–88 on the subject line.                     and Immediate Effectiveness of a                      1. Purpose
                                                                                                              Proposed Rule Change To Amend Rule                       An MDO is a limit order to buy that
                                                    Paper Comments
                                                                                                              11.8, Order Types, To Permit Midpoint                 is displayed at and pegged to the
                                                      • Send paper comments in triplicate                     Discretionary Orders To Be Non-                       National Best Bid (‘‘NBB’’), with
                                                    to Brent J. Fields, Secretary, Securities                 Displayed                                             discretion to execute at prices up to and
                                                    and Exchange Commission, 100 F Street                     August 22, 2017.                                      including the midpoint of the National
                                                    NE., Washington, DC 20549–1090.                              Pursuant to Section 19(b)(1) of the                Best Bid and Offer (‘‘NBBO’’), or a limit
                                                                                                              Securities Exchange Act of 1934 (the                  order to sell that is displayed at and
                                                       All submissions should refer to File                                                                         pegged to the National Best Offer
                                                    Number SR–NYSEArca–2017–88. This                          ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                                                                              notice is hereby given that on August                 (‘‘NBO’’), with discretion to execute at
                                                    file number should be included on the                                                                           prices down to and including the
                                                    subject line if email is used. To help the                11, 2017, Bats EDGA Exchange, Inc. (the
                                                                                                              ‘‘Exchange’’ or ‘‘EDGA’’) filed with the              midpoint of the NBBO.6 MDOs are
                                                    Commission process and review your                                                                              designed to exercise discretion to
                                                    comments more efficiently, please use                     Securities and Exchange Commission
                                                                                                              (‘‘Commission’’) the proposed rule                    execute to the midpoint of the NBBO
                                                    only one method. The Commission will                                                                            and provide price improvement over the
                                                                                                              change as described in Items I, II, and
                                                    post all comments on the Commission’s                                                                           NBBO.
                                                                                                              III below, which Items have been
                                                    Internet Web site (http://www.sec.gov/                    prepared by the Exchange. The                            Currently, an MDO is displayed on
                                                    rules/sro.shtml). Copies of the                           Exchange has designated this proposal                 the EDGA Book 7 at the NBB or NBO to
                                                    submission, all subsequent                                as a ‘‘non-controversial’’ proposed rule              which it is pegged. The Exchange now
                                                    amendments, all written statements                        change pursuant to Section 19(b)(3)(A)                proposes to permit Users 8 to elect that
                                                    with respect to the proposed rule                         of the Act 3 and Rule 19b–4(f)(6)(iii)                their MDO be Non-Displayed on the
                                                    change that are filed with the                            thereunder,4 which renders it effective               EDGA Book by amending paragraph (e)
                                                    Commission, and all written                               upon filing with the Commission. The                  of Exchange Rule 11.8, Order Types.
                                                    communications relating to the                            Commission is publishing this notice to               Therefore, the Exchange proposes to add
                                                    proposed rule change between the                          solicit comments on the proposed rule                 new paragraph (4) to the description of
                                                    Commission and any person, other than                     change from interested persons.                       MDOs under Rule 11.8(e) stating that an
                                                    those that may be withheld from the                                                                             MDO will default to a Displayed 9
                                                                                                              I. Self-Regulatory Organization’s                     instruction unless the User includes a
                                                    public in accordance with the
                                                                                                              Statement of the Terms of Substance of                Non-Displayed instruction on the order
                                                    provisions of 5 U.S.C. 552, will be
                                                                                                              the Proposed Rule Change                              and will be Displayed or Non-Displayed
                                                    available for Web site viewing and
                                                    printing in the Commission’s Public                          The Exchange filed a proposed rule                 on the EDGA Book at its pegged or limit
                                                                                                              change to permit MidPoint                             price in accordance with paragraph (e)
                                                    Reference Room, 100 F Street NE.,
                                                                                                              Discretionary Orders (‘‘MDO’’) to be                  of Rule 11.8.10 The price to which an
                                                    Washington, DC 20549 on official
                                                                                                              Non-Displayed 5 by amending paragraph                 MDO is pegged to, whether Displayed or
                                                    business days between the hours of                                                                              Non-Displayed, will continue to operate
                                                    10:00 a.m. and 3:00 p.m. Copies of the                    (e) of Exchange Rule 11.8, Order Types.
                                                                                                                 The text of the proposed rule change               in the same manner as it does today in
                                                    filing also will be available for                                                                               all other respects. Proposed paragraph
                                                                                                              is available at the Exchange’s Web site
                                                    inspection and copying at the principal                                                                         (4) of Rule 11.8(e) would also specify
                                                                                                              at www.bats.com, at the principal office
                                                    office of the Exchange. All comments                                                                            that a User may elect that its MDO that
                                                                                                              of the Exchange, and at the
                                                    received will be posted without change;                   Commission’s Public Reference Room.                   is displayed on the EDGA Book include
                                                    the Commission does not edit personal                                                                           the User’s market participant identifier
                                                    identifying information from                              II. Self-Regulatory Organization’s                    (‘‘MPID’’) by selecting the Attributable
                                                    submissions. You should submit only                       Statement of the Purpose of, and                      instruction.11 Otherwise, an MDO with
                                                    information that you wish to make                         Statutory Basis for, the Proposed Rule                a Displayed instruction will
                                                    available publicly. All submissions                       Change                                                automatically default to a Non-
                                                    should refer to File Number SR–                             In its filing with the Commission, the              Attributable 12 instruction. This is
                                                    NYSEArca–2017–88 and should be                            Exchange included statements                          consistent with the current operation of
                                                    submitted on or before September 18,                      concerning the purpose of and basis for               orders that are to be displayed on the
                                                    2017.                                                     the proposed rule change and discussed                EDGA Book.13
                                                      For the Commission, by the Division of
                                                                                                              any comments it received on the
                                                    Trading and Markets, pursuant to delegated
                                                                                                              proposed rule change. The text of these                 6 See Exchange Rule 11.8(e) for a complete

                                                                                                              statements may be examined at the                     description of the operation of MDOs.
                                                    authority.22
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                                                                                      7 See Exchange Rule 1.5(d).
                                                                                                              places specified in Item IV below. The
                                                    Eduardo A. Aleman,                                                                                                8 See Exchange Rule 1.5(ee).
                                                                                                              Exchange has prepared summaries, set                    9 See Exchange Rule 11.6(e)(1).
                                                    Assistant Secretary.                                      forth in Sections A, B, and C below, of                 10 The Exchange proposes to renumber existing
                                                    [FR Doc. 2017–18125 Filed 8–25–17; 8:45 am]
                                                                                                                                                                    paragraph (4) as (5) and to increase the numbering
                                                                                                                1 15 U.S.C. 78s(b)(1).
                                                    BILLING CODE 8011–01–P                                                                                          of each following paragraph under Rule 11.8(e)
                                                                                                                2 17 CFR 240.19b–4.                                 accordingly.
                                                                                                                3 15 U.S.C. 78s(b)(3)(A).                             11 See Exchange Rule 11.6(a).
                                                                                                                4 17 CFR 240.19b–4(f)(6)(iii).                        12 See Exchange Rule 11.6(a)(1).
                                                      22 17   CFR 200.30–3(a)(12).                              5 See Exchange Rule 11.6(e)(2).                       13 See e.g, Exchange Rule 11.8(b)(4).




                                               VerDate Sep<11>2014     18:45 Aug 25, 2017   Jkt 241001   PO 00000   Frm 00080   Fmt 4703   Sfmt 4703   E:\FR\FM\28AUN1.SGM   28AUN1


                                                    40824                         Federal Register / Vol. 82, No. 165 / Monday, August 28, 2017 / Notices

                                                       The Exchange also proposes to make                   Paragraph (7) also states that the pegged             remove impediments to and perfect the
                                                    certain revisions to paragraph (e) of Rule              price of an MDO that is resting on the                mechanism of a free and open market
                                                    11.8 to account for enabling Users to                   EDGA Book will be adjusted in response                and a national market system and, in
                                                    elect that an MDO to be Non-Displayed.                  to changes in the midpoint of the NBBO.               general, to protect investors and the
                                                    These revisions include deleting                        While this language is technically                    public interest. The proposed rule
                                                    references to ‘‘displayed’’ prices and                  correct and the midpoint of the NBBO                  change promotes just and equitable
                                                    replacing certain references to                         will change in the case where either the              principles of trade because it would
                                                    ‘‘displayed’’ with ‘‘pegged’’. As stated                NBB or NBO changes, the Exchange                      provide Users who utilize MDOs with
                                                    above and as currently set forth in Rule                proposes to amend paragraph (7) to                    additional flexibility by enabling such
                                                    11.8(e), the price at which an MDO is                   clarify that the pegged price will be                 Users to elect that the pegged price of
                                                    displayed on the EDGA Book is either                    adjusted in response to changes in the                the MDO not be displayed on the EDGA
                                                    the NBB or NBO to which it is pegged.                   NBB or NBO as those are the prices that               Book. All other aspects of an MDO will
                                                    An MDO that is to be Non-Displayed                      the pegged price tracks. Lastly, the                  remain unchanged. Allowing for the
                                                    will operate in the same manner but its                 amended rule would state that any                     non-display of MDOs on the EDGA
                                                    pegged price will simply not be                         unexecuted portion of an MDO that is                  Book would minimize the market
                                                    displayed on the EDGA Book. Therefore,                  resting on the EDGA Book will receive                 impact of larger orders. The proposed
                                                    deleting references to ‘‘displayed’’                    a new time stamp each time its pegged                 rule change may also incentivize Users
                                                    prices and replacing certain references                 price, rather than displayed price, is                to enter MDOs with large sizes thereby
                                                    to ‘‘displayed’’ with ‘‘pegged’’ would                  automatically adjusted in response to                 increasing liquidity at the NBBO as well
                                                    not affect the operation of an MDO other                changes in the NBBO.                                  as the midpoint of the NBBO, resulting
                                                    than to account for when an MDO is                         Today, for purposes of MDO priority,               in increased price improvement
                                                    Non-Displayed. First, the Exchange                      the displayed price of an MDO is treated              opportunities for contra-side orders. The
                                                    proposes to amend the first sentence of                 like a Limit Order that is displayed on               Exchange notes that electing that an
                                                    paragraph (e) of Rule 11.8 to delete                    the EDGA Book.16 Limit Orders with a                  MDO be Non-Displayed would be
                                                    references to ‘‘displayed’’. As a result,               Non-Displayed instruction have priority               voluntary, and that such orders will
                                                    an MDO would be defined as ‘‘a limit                    behind Limit Orders with a Displayed                  default to Displayed unless the User
                                                    order to buy that is pegged to the NBB,                 instruction resting on the EDGA Book.17               elects Non-Displayed.
                                                    with discretion to execute at prices up                 In order to continue to treat MDO                       Furthermore, the Exchange notes that
                                                    to and including the midpoint of the                    priority consistent with that of Limit                NYSE Arca, Inc. (‘‘NYSE Arca’’) and the
                                                    NBBO, or a limit order to sell that is                  Orders, and not like other orders with                Investors Exchange LLC (‘‘IEX’’) both
                                                    pegged to the NBO, with discretion to                   a Pegged instruction, the Exchange                    currently offer order types that peg to
                                                    execute at prices down to and including                 proposes that an MDO with a Non-                      the NBBO with discretion to execute to
                                                    the midpoint of the NBBO.’’ References                  Displayed instruction will have the                   the midpoint of the NBBO and allow for
                                                    to ‘‘displayed’’ throughout the                         same priority as Limit Orders with a                  the order’s pegged price to not be
                                                    remainder of paragraph (e) of Rule 11.8                 Non-Displayed instruction when                        displayed on their respective order
                                                    would be replaced by ‘‘pegged’’.                        executed at their pegged price. As a                  books.21
                                                    Therefore, the rule would state that an                 result, the Exchange proposes to amend                  Lastly, the Exchange believes the non-
                                                    MDO’s pegged price, like its displayed                  paragraph (a)(2)(C)(i) of Rule 11.9 to                substantive clarifying changes to
                                                    price today, and Discretionary Range 14                 specify that, for purposes of order                   Exchange Rule 11.8(e) remove
                                                    are bound by its limit price.15 The                     priority, the pegged price of an MDO,                 impediments to and perfect the
                                                    pegged prices of an MDO, like its                       like its displayed price today, will be               mechanism of a free and open market
                                                    displayed price today, will continue to                 treated as a Limit Order, as defined in               and a national market system as they
                                                    be derived from the NBB or NBO, and                     Exchange Rule 11.8(b). This change is                 seek to remove or correct in order to
                                                    will continue to be unable to                           designed to account for the pegged price              ensure the rule accurately reflects the
                                                    independently establish or maintain the                 of an MDO being Displayed or Non-                     operation of MDOs and avoid potential
                                                    NBB or NBO.                                             Displayed and the proposed priority of                investor confusion.
                                                       The Exchange also proposes to amend                                                                          Therefore, the Exchange believes the
                                                                                                            an MDO with a Non-Displayed
                                                    renumbered paragraph (7) to make two                                                                          proposal removes impediments to and
                                                                                                            instruction. MDOs executed in their
                                                    non-substantive, clarifying changes and                                                                       perfects the mechanism of a free and
                                                                                                            Discretionary Range will maintain the
                                                    to replace the term ‘‘displayed’’ with                                                                        open market and a national market
                                                                                                            same priority as they do today                        system, and, in general, protects
                                                    ‘‘pegged’’. The current language states                 regardless of whether their pegged price
                                                    that an MDO with a limit price and                                                                            investors and the public interest.
                                                                                                            is displayed on the EDGA Book.18
                                                    time-in-force of Day that rests on the                                                                        (B) Self-Regulatory Organization’s
                                                    EDGA Book will be repriced. The                         2. Statutory Basis                                    Statement on Burden on Competition
                                                    Exchange proposes to delete the phrase                     The Exchange believes that its                       The Exchange does not believe that
                                                    ‘‘with a limit price and a time-in-force                proposal is consistent with Section 6(b)              the proposed rule change will result in
                                                    of Day’’ as all MDOs must include a                     of the Act 19 in general, and furthers the
                                                    limit price and may include time-in-                    objectives of Section 6(b)(5) of the Act 20             21 See NYSE Arca Rule 7.31(h)(3) (defining the
                                                    force instructions other than Day that                  in particular, in that it is designed to              Discretionary Pegged Order). See also Securities
                                                    would cause them to rest on the EDGA                    promote just and equitable principles of              Exchange Act Release No. 78181 (June 28, 2016), 81
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    Book, such as RHO, GTX, and GTD.                        trade, to foster cooperation and                      FR 43297 (July 1, 2016) (order approving the
                                                                                                                                                                  Discretionary Pegged Order). See IEX Rule
                                                                                                            coordination with persons engaged in                  11.190(a)(3) (defining Pegged Orders as a non-
                                                       14 See Exchange Rule 11.6(d). The Exchange also
                                                                                                            facilitating transactions in securities, to           displayed order which may be pegged to the inside
                                                    proposes to capitalize all references to the defined                                                          quote on the same side of the market with
                                                    term ‘‘Discretionary Range’’ within Rule 11.8(e).         16 See                                              discretion to the midpoint of the NBBO, i.e.,
                                                       15 An MDO to buy or sell with a limit price that              Exchange Rule 11.9(a)(2)(C)(i).
                                                                                                              17 See
                                                                                                                                                                  Discretionary Peg orders). See also Securities
                                                    is less than the prevailing NBB or higher than the               Exchange Rule 11.9(a)(2)(A)(ii).             Exchange Act Release No. 78101 (June 17, 2016), 81
                                                                                                              18 See Exchange Rule 11.9(a)(2)(A)(iv).
                                                    prevailing NBO, respectively, will continue to be                                                             FR 41141 (June 23, 2016) (order approving the IEX
                                                                                                              19 15 U.S.C. 78f(b).
                                                    posted to the EDGA Book at its limit price. See                                                               exchange application, which included IEX’s Pegged
                                                    Exchange Rule 11.8(e).                                    20 15 U.S.C. 78f(b)(5).                             Orders and Discretionary Peg Order).



                                               VerDate Sep<11>2014   18:45 Aug 25, 2017   Jkt 241001   PO 00000   Frm 00081   Fmt 4703   Sfmt 4703   E:\FR\FM\28AUN1.SGM   28AUN1


                                                                                   Federal Register / Vol. 82, No. 165 / Monday, August 28, 2017 / Notices                                                 40825

                                                    any burden on competition that is not                   including whether the proposed rule                    SMALL BUSINESS ADMINISTRATION
                                                    necessary or appropriate in furtherance                 change is consistent with the Act.
                                                    of the purposes of the Act, as amended.                 Comments may be submitted by any of                    [Disaster Declaration #15226 and #15227;
                                                    On the contrary, the Exchange believes                  the following methods:                                 NEBRASKA Disaster Number NE–00069]
                                                    the proposed rule change promotes
                                                                                                            Electronic Comments
                                                    competition because it will enable the                                                                         Presidential Declaration Amendment of
                                                    Exchange to offer functionality similar                   • Use the Commission’s Internet                      a Major Disaster for Public Assistance
                                                    to that offered by NYSE Arca and IEX.22                 comment form (http://www.sec.gov/                      Only for the State of Nebraska
                                                    Therefore, the Exchange does not                        rules/sro.shtml); or
                                                    believe the proposed rule change will                     • Send an email to rule-comments@                    AGENCY:U.S. Small Business
                                                    result in any burden on intermarket                     sec.gov. Please include File Number SR–                Administration.
                                                    competition that is not necessary or                    BatsEDGA–2017–21 on the subject line.
                                                    appropriate in furtherance of the                                                                              ACTION:   Amendment 1.
                                                    purposes of the Act.                                    Paper Comments
                                                                                                               • Send paper comments in triplicate                 SUMMARY:   This is an amendment of the
                                                    (C) Self-Regulatory Organization’s                                                                             Presidential declaration of a major
                                                    Statement on Comments on the                            to Secretary, Securities and Exchange
                                                                                                            Commission, 100 F Street NE.,                          disaster for Public Assistance Only for
                                                    Proposed Rule Change Received From
                                                                                                            Washington, DC 20549–1090.                             the State of NEBRASKA (FEMA–4325–
                                                    Members, Participants or Others
                                                                                                                                                                   DR), dated 08/01/2017.
                                                      No comments were solicited or                         All submissions should refer to File
                                                                                                            Number SR-BatsEDGA–2017–21. This                         Incident: Severe Storms, Tornadoes,
                                                    received on the proposed rule change.
                                                                                                            file number should be included on the                  and Straight-line Winds.
                                                    III. Date of Effectiveness of the                       subject line if email is used. To help the               Incident Period: 06/12/2017 through
                                                    Proposed Rule Change and Timing for                     Commission process and review your                     06/17/2017.
                                                    Commission Action                                       comments more efficiently, please use
                                                       Because the foregoing proposed rule                  only one method. The Commission will                   DATES: Issued on 08/01/2017.
                                                    change does not: (A) Significantly affect               post all comments on the Commission’s                    Physical Loan Application Deadline
                                                    the protection of investors or the public               Internet Web site (http://www.sec.gov/                 Date: 10/02/2017.
                                                    interest; (B) impose any significant                    rules/sro.shtml). Copies of the                          Economic Injury (EIDL) Loan
                                                    burden on competition; and (C) by its                   submission, all subsequent                             Application Deadline Date: 05/01/2018.
                                                    terms, become operative for 30 days                     amendments, all written statements
                                                    from the date on which it was filed or                  with respect to the proposed rule                      ADDRESSES:  Submit completed loan
                                                    such shorter time as the Commission                     change that are filed with the                         applications to: U.S. Small Business
                                                    may designate it has become effective                   Commission, and all written                            Administration, Processing And
                                                    pursuant to Section 19(b)(3)(A) of the                  communications relating to the                         Disbursement Center, 14925 Kingsport
                                                    Act 23 and paragraph (f)(6) of Rule 19b–                proposed rule change between the                       Road, Fort Worth, TX 76155.
                                                    4 thereunder,24 the Exchange has                        Commission and any person, other than
                                                                                                            those that may be withheld from the                    FOR FURTHER INFORMATION CONTACT:     A
                                                    designated this rule filing as non-
                                                    controversial. The Exchange has given                   public in accordance with the                          Escobar, Office of Disaster Assistance,
                                                    the Commission written notice of its                    provisions of 5 U.S.C. 552, will be                    U.S. Small Business Administration,
                                                    intent to file the proposed rule change,                available for Web site viewing and                     409 3rd Street SW., Suite 6050,
                                                    along with a brief description and text                 printing in the Commission’s Public                    Washington, DC 20416, (202) 205–6734.
                                                    of the proposed rule change at least five               Reference Room, 100 F Street NE.,                      SUPPLEMENTARY INFORMATION:     The notice
                                                    business days prior to the date of filing               Washington, DC 20549, on official                      of the President’s major disaster
                                                    of the proposed rule change, or such                    business days between the hours of                     declaration for Private Non-Profit
                                                    shorter time as designated by the                       10:00 a.m. and 3:00 p.m. Copies of the                 organizations in the State of
                                                    Commission.                                             filing also will be available for
                                                                                                                                                                   NEBRASKA, dated 08/01/2017, is
                                                       At any time within 60 days of the                    inspection and copying at the principal
                                                                                                                                                                   hereby amended to include the
                                                    filing of the proposed rule change, the                 office of the Exchange. All comments
                                                                                                                                                                   following areas as adversely affected by
                                                    Commission summarily may                                received will be posted without change;
                                                    temporarily suspend such rule change if                 the Commission does not edit personal                  the disaster.
                                                    it appears to the Commission that such                  identifying information from                           Primary Counties: Platte
                                                    action is: (1) Necessary or appropriate in              submissions. You should submit only
                                                    the public interest; (2) for the protection             information that you wish to make                        All other information in the original
                                                    of investors; or (3) otherwise in                       available publicly. All submissions                    declaration remains unchanged.
                                                    furtherance of the purposes of the Act.                 should refer to File Number SR–                        (Catalog of Federal Domestic Assistance
                                                    If the Commission takes such action, the                BatsEDGA–2017–21 and should be                         Number 59008)
                                                    Commission shall institute proceedings                  submitted on or before September 18,
                                                                                                                                                                   James E. Rivera,
                                                    to determine whether the proposed rule                  2017.
                                                    should be approved or disapproved.                                                                             Associate Administrator for Disaster
                                                                                                              For the Commission, by the Division of
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                                                                                   Assistance.
                                                    IV. Solicitation of Comments                            Trading and Markets, pursuant to delegated
                                                                                                            authority.25                                           [FR Doc. 2017–18130 Filed 8–25–17; 8:45 am]
                                                      Interested persons are invited to                     Eduardo A. Aleman,                                     BILLING CODE 8025–01–P
                                                    submit written data, views, and
                                                                                                            Assistant Secretary.
                                                    arguments concerning the foregoing,
                                                                                                            [FR Doc. 2017–18126 Filed 8–25–17; 8:45 am]
                                                      22 Id.                                                BILLING CODE 8011–01–P
                                                      23 15 U.S.C. 78s(b)(3)(A).
                                                      24 17 CFR 240.19b–4.                                    25 17   CFR 200.30–3(a)(12).



                                               VerDate Sep<11>2014   18:45 Aug 25, 2017   Jkt 241001   PO 00000   Frm 00082    Fmt 4703   Sfmt 9990   E:\FR\FM\28AUN1.SGM   28AUN1



Document Created: 2017-08-28 11:30:33
Document Modified: 2017-08-28 11:30:33
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation82 FR 40823 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR