82_FR_41620 82 FR 41452 - Self-Regulatory Organizations; Investors Exchange LLC; Order Approving a Proposed Rule Change To Introduce a New Market Maker Peg Order

82 FR 41452 - Self-Regulatory Organizations; Investors Exchange LLC; Order Approving a Proposed Rule Change To Introduce a New Market Maker Peg Order

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 168 (August 31, 2017)

Page Range41452-41454
FR Document2017-18455

Federal Register, Volume 82 Issue 168 (Thursday, August 31, 2017)
[Federal Register Volume 82, Number 168 (Thursday, August 31, 2017)]
[Notices]
[Pages 41452-41454]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18455]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81482; File No. SR-IEX-2017-22]


Self-Regulatory Organizations; Investors Exchange LLC; Order 
Approving a Proposed Rule Change To Introduce a New Market Maker Peg 
Order

August 25, 2017.

I. Introduction

    On June 30, 2017, the Investors Exchange LLC (``IEX'' or the 
``Exchange'') filed with the Securities and Exchange Commission 
(``Commission''), pursuant to Section 19(b)(1) of the Securities 
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a 
proposed rule change to (i) introduce a new Market Maker Peg Order; 
(ii) amend IEX Rule 11.510(c) to specify connectivity within the 
Exchange System when repricing a Market Maker Peg Order; and (iii) 
amend IEX Rule 11.340(d) to describe how Market Maker Peg Orders will 
be priced in order to comply with the Plan to Implement a Tick Size 
Pilot Program (``Tick Pilot Plan'').\3\ The proposed rule change was 
published for comment in the Federal Register on July 11, 2017.\4\ The 
Commission received no comments on the proposed rule change. This order 
approves the proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities and Exchange Act Release No. 74892 (May 6, 
2015), 80 FR 27513 (File No. 4-657). See also Securities and 
Exchange Act Release No. 76382 (November 6, 2015) (File No. 4-657), 
80 FR 70284 (File No. 4-657) (November 13, 2015), which extended the 
pilot period commencement date from May 6, 2015 to October 3, 2016.
    \4\ See Securities Exchange Act Release No. 81078 (July 5, 
2017), 82 FR 32026 (``Notice'').
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II. Description of the Proposed Rule Change

    The Exchange proposes to introduce a new Market Maker Peg Order 
that the Exchange states is designed to promote compliance by market 
makers with the continuous quoting and pricing obligations of IEX Rule 
11.151 (Market Maker Obligations),\5\ in a manner consistent with the 
requirements under Rule 15c3-5 of the Act (``Market Access Rule'') \6\ 
and Regulation SHO.\7\ The Exchange states that ``this order-based 
approach would provide an effective compliance tool to facilitate 
market makers compliance with the requirements of the Market Access 
Rule and Regulation SHO while also providing quotation adjusting 
functionality to its market makers.'' \8\ IEX also states that market 
makers will have control of order origination, as required by the 
Market Access Rule, and retain the ability to make marking and locate 
determinations prior to order entry, as required by Regulation SHO.\9\
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    \5\ IEX Rule 11.151 requires market makers for each stock in 
which they are registered to continuously maintain a two-sided 
quotation within a designated percentage of the National Best Bid 
(``NBB'') and National Best Offer (``NBO'').
    \6\ 17 CFR 240.15c3-5.
    \7\ See Notice, supra note 4, at 32027. See also 17 CFR 242.200 
through 204 (Regulation SHO).
    \8\ See Notice, supra note 4, at 32027.
    \9\ See id.
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    As proposed, the Market Maker Peg Order will be a one-sided limit 
order

[[Page 41453]]

that, similar to other peg orders available to market participants on 
the Exchange,\10\ will be tied or ``pegged'' to a certain price. Unlike 
other peg orders on the Exchange, however, it will be distinguishable 
in that it will always be displayed. Use of the Market Maker Peg Order 
will be limited to the Exchange's registered market makers.\11\ Market 
Maker Peg Orders will have their price automatically set and adjusted 
by the System,\12\ both upon entry and any time thereafter, in order to 
comply with the Exchange's rules regarding market maker quoting and 
pricing obligations.\13\
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    \10\ See Rule 11.190(a)(3).
    \11\ See IEX Rule 11.150.
    \12\ The term ``System'' is defined in IEX Rule 1.160(nn).
    \13\ The Market Maker Peg Order is one-sided, and thus a market 
maker seeking to use Market Maker Peg Orders as a backstop to help 
facilitate compliance with the Exchange's continuous two-sided 
quotation requirements set forth in IEX Rule 11.151 would need to 
submit both a bid and an offer using the order type.
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    Specifically, upon entry or at the beginning of the Regular Market 
Session,\14\ as applicable, the entered bid or offer will be 
automatically priced by the System at the Designated Percentage (as 
defined in IEX Rule 11.151(a)(6)) away from the then current NBB or 
NBO, as applicable, or if there is no NBB or NBO, at the Designated 
Percentage away from the last reported sale from the responsible single 
plan processor in order to comply with the quotation requirements for 
market makers set forth in IEX Rule 11.151(a). Market makers will be 
able to submit Market Maker Peg Orders to the Exchange starting at the 
beginning of the Pre-Market Session, but the order will not be 
executable or automatically priced until the beginning of the Regular 
Market Session, and will expire at the end of the Regular Market 
Session.
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    \14\ The term ``Regular Market Session'' is defined in IEX Rule 
1.160(gg).
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    Upon reaching the Defined Limit (as defined in IEX Rule 
11.151(a)(7)), the price of a Market Maker Peg Order will be adjusted 
by the System to the Designated Percentage away from the then current 
NBB or NBO, or, if there is no NBB or NBO, the order will, by default, 
be the Designated Percentage away from the last reported sale from the 
responsible single plan processor. If a Market Maker Peg Order bid or 
offer moves a specified number of percentage points away from the 
Designated Percentage towards the then current NBB or NBO, its price 
will be adjusted by the System to the Designated Percentage away from 
the then current NBB or NBO, as applicable. If there is no NBB or NBO, 
as applicable, the order will be adjusted by the System to the 
Designated Percentage away from the last reported sale from the 
responsible single plan processor. In the event that pricing a Market 
Maker Peg Order at the Designated Percentage away from the then current 
NBB and NBO, or, if no NBB or NBO, to the Designated Percentage away 
from the last reported sale from the responsible single plan processor, 
would result in the order exceeding its limit price, the order will be 
cancelled or rejected.\15\
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    \15\ According to the Exchange, a limit price entered on a 
Market Maker Peg Order is designed to allow a market maker to 
specify a price at which the initial pricing and any subsequent 
repricing of the order to the Designated Percentage will be 
constrained. See Notice, supra note 4, at 32028.
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    If, after entry, the Market Maker Peg Order is priced based on the 
last reported sale from the single plan processor and such Market Maker 
Peg Order is established as the NBB or NBO, the Market Maker Peg Order 
will not be subsequently adjusted until either there is a new 
consolidated last sale or a new NBB or NBO is established.
    For purposes of the proposed rule, the Exchange will apply the 
Designated Percentage and Defined Limit as set forth in IEX Rules 
11.151(a)(6) and (7), respectively, subject to the following exception: 
For all NMS stocks with a price less than $1 per share that are not 
included in the S&P 500[supreg] Index, Russell 1000[supreg] Index, and 
a pilot list of Exchange Traded Products, the Exchange will use the 
Designated Percentage and Defined Limit applicable to NMS stocks equal 
to or greater than $1 per share that are not included in the S&P 
500[supreg] Index, Russell 1000[supreg] Index, and a pilot list of 
Exchange Traded Products.
    Market Maker Peg Orders will not be eligible for routing pursuant 
to IEX Rule 11.230(b) and are always displayed on the Exchange. 
Notwithstanding the availability of Market Maker Peg Order 
functionality, a market maker will remain responsible for entering, 
monitoring, and resubmitting, as applicable, quotations that meet the 
requirements of IEX Rule 11.151. A new timestamp will be created for 
the order each time that it is automatically adjusted in accordance 
with the proposed rule.
    The Exchange states that the System will be available for entry, 
modification, and cancellation of Market Maker Peg Orders only via the 
POP \16\ pursuant to IEX Rule 11.510(b), and thus will be subject to 
the Inbound and Outbound POP Latency upon entry, accordingly.\17\ In 
addition, the Exchange proposes to amend IEX Rule 11.510(c) (System 
Connectivity) to provide that each time a Market Maker Peg Order is 
automatically adjusted by the System in accordance with proposed IEX 
Rule 11.190(b)(13), all inbound and outbound communications related to 
the modified order instruction will traverse an additional POP between 
the Market Maker Peg Order repricing logic and the Order Book, which is 
subject to an equivalent 350 microseconds of latency.\18\ The Exchange 
states that this approach is designed so that a market maker using a 
Market Maker Peg Order will be in the same position as a market maker 
updating its own quote through the POP.\19\
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    \16\ The term ``POP'' is defined in IEX Rule 11.510(a).
    \17\ See 11.510(b)(1) and (2), respectively, which define the 
``Inbound POP Latency'' as an equivalent 350 microseconds of latency 
from the Exchange-provided network interface at the IEX POP to the 
System at the primary data center; and ``Outbound POP Latency'' as 
an equivalent 350 microseconds of latency from the System at the 
primary data center to the Exchange-provided network interface at 
the IEX POP.
    \18\ The Exchange states that the same ``additional POP'' that 
is used to implement an equivalent 350 microseconds of latency to 
all routable orders sent by the System to the Order Book pursuant to 
Rule 11.510(c)(1) will be used to implement such delay to all 
modified order instructions for Market Maker Peg Orders pursuant to 
proposed Rule 11.190(b)(13). See Notice, supra note 4, at 32028 fn 
19.
    \19\ See Notice, supra note 4, at 32028. For additional details 
concerning IEX's approach to subject all inbound and outbound 
communications related to the repricing of Market Maker Peg Orders 
to POP latency, see Notice, supra note 4, at 32028-29.
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    Finally, the Exchange proposes to amend IEX Rule 11.340 (Compliance 
with Regulation NMS Plan to Implement a Tick Size Pilot) to specify 
that if, pursuant to proposed IEX Rule 11.190(b)(13), a Market Maker 
Peg Order in a Pilot Security \20\ will be priced at an increment other 
than $0.05, the System will round such order to buy (sell) up (down) to 
the nearest permissible increment.\21\ IEX states that this approach is 
designed to ensure that Market Maker Peg Orders for Pilot Securities 
are appropriately priced in $0.05 increments by rounding such orders to 
the nearest permissible increment that is also compliant with the 
minimum market maker quoting obligations set forth in IEX Rule 
11.151.\22\
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    \20\ The term ``Pilot Security'' has the meaning specified in 
the Tick Pilot Plan.
    \21\ The Exchange states that if the rounding methodology 
results in a Market Maker Peg Order being priced to a price below 
$0.05, the order will be cancelled back to the market maker that 
entered the order. See Notice, supra note 4, at 32028.
    \22\ See id.
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    In its proposal, the Exchange noted its intention to implement the 
proposed

[[Page 41454]]

changes during the third quarter of 2017.\23\
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    \23\ See id. at 32029.
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III. Discussion and Commission Findings

    After careful review, the Commission finds that the proposed rule 
change is consistent with the requirements of the Act and the rules and 
regulations thereunder that are applicable to a national securities 
exchange.\24\ Specifically, the Commission finds that the proposed rule 
change is consistent with Section 6(b)(5) of the Act,\25\ which 
requires, among other things, that the rules of a national securities 
exchange be 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, 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 
Commission finds that the proposed rule change also is designed to 
support the principles of Section 11A(a)(1) \26\ of the Act in that it 
seeks to assure fair competition among brokers and dealers and among 
exchange markets.
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    \24\ In approving this rule change, the Commission has 
considered the rule's impact on efficiency, competition, and capital 
formation. See 15 U.S.C. 78c(f).
    \25\ 15 U.S.C. 78f(b)(5).
    \26\ 15 U.S.C. 78k-1(a)(1).
---------------------------------------------------------------------------

    The Commission finds that the Exchange's proposal is consistent 
with the Act because it provides an optional tool that market makers 
may use as a backstop to help maintain a continuous quote in 
satisfaction of the Exchange's minimum continuous quoting requirements, 
which may assist in the maintenance of fair and orderly markets. The 
Commission notes, however, that notwithstanding the availability of the 
Market Maker Peg Order functionality, the market maker remains 
responsible for meeting its obligations under IEX Rule 11.151, 
including entering, monitoring, and re-submitting, as applicable, 
compliant quotations. At the same time, the Commission finds that the 
proposal is reasonably designed to assist market makers in complying 
with the regulatory requirements of the Market Access Rule and 
Regulation SHO. The Commission notes, however, the Market Maker Peg 
Order does not by itself ensure that the market maker is satisfying the 
requirements of the Market Access Rule or Regulation SHO, including the 
satisfaction of the locate requirements of Rule 203(b)(1) of the Act or 
any exception thereto.
    The Commission believes that the Exchange's proposal to subject all 
inbound and outbound communications related to Market Maker Peg Orders, 
including the automatic repricing of such orders, to POP latency is 
consistent with the Act. In particular, this treatment of the Market 
Maker Peg Order places a market maker using this order type in the same 
position as another market maker placing and updating its own quote 
directly without using the Market Maker Peg Order type--both will be 
subject to the POP and experience the same latency. In addition, this 
approach is consistent with the treatment of other displayed orders on 
the Exchange, all of which are subject to the POP latency.
    Further, the Commission believes that the Exchange's proposal to 
specify how Market Maker Peg Orders will be priced in order to comply 
with the Tick Pilot Plan is consistent with the Act and Rule 608 of 
Regulation NMS \27\ because it implements the Tick Pilot Plan and 
conforms Exchange rules to those requirements.\28\
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    \27\ 17 CFR 242.608.
    \28\ The Commission notes that in this regard IEX's proposal is 
substantially similar to Bats BZX Exchange, Inc. (``Bats'') Rule 
11.27(c)(5).
---------------------------------------------------------------------------

    Finally, the Commission notes that other national securities 
exchanges offer similar order types to the Exchange's proposed Market 
Maker Peg Order,\29\ and the Commission received no comments on the 
Exchange's proposed rule change.
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    \29\ See, e.g., Bats Rule 11.9(c)(16), Nasdaq Stock Market LLC 
Rule 4702(b)(7), and Bats EDGX Exchange, Inc. Rule 11.8(e).
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the 
Act,\30\ that the proposed rule change (SR-IEX-2017-22), be and hereby 
is, approved.
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    \30\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\31\
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    \31\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-18455 Filed 8-30-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                41452                       Federal Register / Vol. 82, No. 168 / Thursday, August 31, 2017 / Notices

                                                declaring that it has ceased to be an                   JPMorgan China Region Fund, Inc. [File                ‘‘Exchange’’) filed with the Securities
                                                investment company. Applicant has                       No. 811–06686]                                        and Exchange Commission
                                                never made a public offering of its                        Summary: Applicant, a closed-end                   (‘‘Commission’’), pursuant to Section
                                                securities and does not propose to make                 investment company, seeks an order                    19(b)(1) of the Securities Exchange Act
                                                a public offering or engage in business                 declaring that it has ceased to be an                 of 1934 (‘‘Act’’) 1 and Rule 19b–4
                                                of any kind.                                            investment company. On July 14, 2017,                 thereunder,2 a proposed rule change to
                                                  Filing Date: The application was filed                applicant made a liquidating                          (i) introduce a new Market Maker Peg
                                                on August 3, 2017.                                      distribution to its shareholders, based               Order; (ii) amend IEX Rule 11.510(c) to
                                                  Applicant’s Address: 200 West Street,                 on net asset value. Applicant has 62                  specify connectivity within the
                                                New York, New York 10282.                               remaining shareholders, and each is                   Exchange System when repricing a
                                                                                                        entitled to a pro rata share of the assets,           Market Maker Peg Order; and (iii)
                                                HSBC Advisor Funds Trust [File No.                      if any, remaining after the winding up                amend IEX Rule 11.340(d) to describe
                                                811–07583]                                              of applicant’s affairs. Applicant’s                   how Market Maker Peg Orders will be
                                                                                                        remaining assets were transferred to a                priced in order to comply with the Plan
                                                   Summary: Applicant seeks an order
                                                                                                        liquidating trust in which shareholders               to Implement a Tick Size Pilot Program
                                                declaring that it has ceased to be an
                                                                                                        have a pro rata beneficial interest.                  (‘‘Tick Pilot Plan’’).3 The proposed rule
                                                investment company. Each series of
                                                                                                        Expenses of $192,043 incurred in                      change was published for comment in
                                                applicant has transferred its assets to a
                                                                                                        connection with the liquidation were                  the Federal Register on July 11, 2017.4
                                                corresponding series of HSBC Funds
                                                                                                        paid by the applicant.                                The Commission received no comments
                                                and, on June 24, 2016, made a final
                                                                                                           Filing Date: The application was filed             on the proposed rule change. This order
                                                distribution to its shareholders based on
                                                                                                        on August 18, 2017.                                   approves the proposed rule change.
                                                net asset value. Expenses of $15,173
                                                incurred in connection with the                            Applicant’s Address: 1 Beacon Street,              II. Description of the Proposed Rule
                                                reorganization were paid by the                         18th Floor, Boston, Massachusetts                     Change
                                                applicant and the applicant’s                           02108.
                                                                                                                                                                 The Exchange proposes to introduce a
                                                investment adviser.                                     Touchstone Investment Trust [File No.                 new Market Maker Peg Order that the
                                                   Filing Dates: The application was                    811–02538]                                            Exchange states is designed to promote
                                                filed on August 4, 2017, and amended                       Summary: Applicant seeks an order                  compliance by market makers with the
                                                on August 18, 2017.                                     declaring that it has ceased to be an                 continuous quoting and pricing
                                                   Applicant’s Address: 4400 Easton                     investment company. Each series of                    obligations of IEX Rule 11.151 (Market
                                                Commons, Suite 200, Columbus, Ohio                      applicant has transferred its assets to a             Maker Obligations),5 in a manner
                                                43219–3035.                                             corresponding series of Touchstone                    consistent with the requirements under
                                                                                                        Funds Group Trust and, on January 27,                 Rule 15c3–5 of the Act (‘‘Market Access
                                                HSBC Portfolios [File No. 811–08928]                                                                          Rule’’) 6 and Regulation SHO.7 The
                                                                                                        2017, made a final distribution to its
                                                   Summary: Applicant seeks an order                    shareholders based on net asset value.                Exchange states that ‘‘this order-based
                                                declaring that it has ceased to be an                   Expenses of $51,370 incurred in                       approach would provide an effective
                                                investment company. Each series of                      connection with the reorganization were               compliance tool to facilitate market
                                                applicant has transferred its assets to a               paid by the applicant’s investment                    makers compliance with the
                                                corresponding series of HSBC Funds                      adviser.                                              requirements of the Market Access Rule
                                                and, on June 24, 2016, made a final                        Filing Dates: The application was                  and Regulation SHO while also
                                                distribution to its shareholders based on               filed on August 9, 2017, and amended                  providing quotation adjusting
                                                net asset value. Expenses of $2,463                     on August 23, 2017.                                   functionality to its market makers.’’ 8
                                                incurred in connection with the                            Applicant’s Address: 303 Broadway,                 IEX also states that market makers will
                                                reorganization were paid by the                         Suite 1100, Cincinnati, Ohio 45202.                   have control of order origination, as
                                                applicant and the applicant’s                             For the Commission, by the Division of              required by the Market Access Rule, and
                                                investment adviser.                                     Investment Management, pursuant to                    retain the ability to make marking and
                                                   Filing Dates: The application was                    delegated authority.                                  locate determinations prior to order
                                                filed on August 4, 2017, and amended                    Eduardo A. Aleman,                                    entry, as required by Regulation SHO.9
                                                on August 18, 2017.                                     Assistant Secretary.                                     As proposed, the Market Maker Peg
                                                                                                                                                              Order will be a one-sided limit order
                                                   Applicant’s Address: 4400 Easton                     [FR Doc. 2017–18453 Filed 8–30–17; 8:45 am]
                                                Commons, Suite 200, Columbus, Ohio                      BILLING CODE 8011–01–P                                  1 15  U.S.C. 78s(b)(1).
                                                43219–3035.                                                                                                     2 17  CFR 240.19b–4.
                                                                                                                                                                 3 See Securities and Exchange Act Release No.
                                                Kalmar Pooled Investment Trust [File                    SECURITIES AND EXCHANGE                               74892 (May 6, 2015), 80 FR 27513 (File No. 4–657).
                                                No. 811–07853]                                          COMMISSION                                            See also Securities and Exchange Act Release No.
                                                   Summary: Applicant seeks an order                                                                          76382 (November 6, 2015) (File No. 4–657), 80 FR
                                                                                                        [Release No. 34–81482; File No. SR–IEX–               70284 (File No. 4–657) (November 13, 2015), which
                                                declaring that it has ceased to be an                   2017–22]                                              extended the pilot period commencement date from
                                                investment company. On June 23, 2017,                                                                         May 6, 2015 to October 3, 2016.
                                                applicant made a liquidating                            Self-Regulatory Organizations;                           4 See Securities Exchange Act Release No. 81078

                                                distribution to its shareholders, based                 Investors Exchange LLC; Order                         (July 5, 2017), 82 FR 32026 (‘‘Notice’’).
                                                                                                                                                                 5 IEX Rule 11.151 requires market makers for each
                                                on net asset value. Expenses of $200,000                Approving a Proposed Rule Change To
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                                                                              stock in which they are registered to continuously
                                                incurred in connection with the                         Introduce a New Market Maker Peg                      maintain a two-sided quotation within a designated
                                                liquidation were paid by the applicant.                 Order                                                 percentage of the National Best Bid (‘‘NBB’’) and
                                                   Filing Date: The application was filed                                                                     National Best Offer (‘‘NBO’’).
                                                                                                        August 25, 2017.                                         6 17 CFR 240.15c3–5.
                                                on August 18, 2017.                                                                                              7 See Notice, supra note 4, at 32027. See also 17
                                                   Applicant’s Address: Barley Mill                     I. Introduction
                                                                                                                                                              CFR 242.200 through 204 (Regulation SHO).
                                                House, 3701 Kennett Pike, Wilmington,                      On June 30, 2017, the Investors                       8 See Notice, supra note 4, at 32027.

                                                Delaware 19807.                                         Exchange LLC (‘‘IEX’’ or the                             9 See id.




                                           VerDate Sep<11>2014   20:54 Aug 30, 2017   Jkt 241001   PO 00000   Frm 00062   Fmt 4703   Sfmt 4703   E:\FR\FM\31AUN1.SGM   31AUN1


                                                                            Federal Register / Vol. 82, No. 168 / Thursday, August 31, 2017 / Notices                                                    41453

                                                that, similar to other peg orders                       Designated Percentage away from the                   In addition, the Exchange proposes to
                                                available to market participants on the                 last reported sale from the responsible               amend IEX Rule 11.510(c) (System
                                                Exchange,10 will be tied or ‘‘pegged’’ to               single plan processor. In the event that              Connectivity) to provide that each time
                                                a certain price. Unlike other peg orders                pricing a Market Maker Peg Order at the               a Market Maker Peg Order is
                                                on the Exchange, however, it will be                    Designated Percentage away from the                   automatically adjusted by the System in
                                                distinguishable in that it will always be               then current NBB and NBO, or, if no                   accordance with proposed IEX Rule
                                                displayed. Use of the Market Maker Peg                  NBB or NBO, to the Designated                         11.190(b)(13), all inbound and outbound
                                                Order will be limited to the Exchange’s                 Percentage away from the last reported                communications related to the modified
                                                registered market makers.11 Market                      sale from the responsible single plan                 order instruction will traverse an
                                                Maker Peg Orders will have their price                  processor, would result in the order                  additional POP between the Market
                                                automatically set and adjusted by the                   exceeding its limit price, the order will             Maker Peg Order repricing logic and the
                                                System,12 both upon entry and any time                  be cancelled or rejected.15                           Order Book, which is subject to an
                                                thereafter, in order to comply with the                    If, after entry, the Market Maker Peg              equivalent 350 microseconds of
                                                Exchange’s rules regarding market                       Order is priced based on the last                     latency.18 The Exchange states that this
                                                maker quoting and pricing obligations.13                reported sale from the single plan                    approach is designed so that a market
                                                  Specifically, upon entry or at the                    processor and such Market Maker Peg                   maker using a Market Maker Peg Order
                                                beginning of the Regular Market                         Order is established as the NBB or NBO,
                                                Session,14 as applicable, the entered bid                                                                     will be in the same position as a market
                                                                                                        the Market Maker Peg Order will not be                maker updating its own quote through
                                                or offer will be automatically priced by                subsequently adjusted until either there
                                                the System at the Designated Percentage                                                                       the POP.19
                                                                                                        is a new consolidated last sale or a new
                                                (as defined in IEX Rule 11.151(a)(6))                   NBB or NBO is established.                               Finally, the Exchange proposes to
                                                away from the then current NBB or                          For purposes of the proposed rule, the             amend IEX Rule 11.340 (Compliance
                                                NBO, as applicable, or if there is no                   Exchange will apply the Designated                    with Regulation NMS Plan to
                                                NBB or NBO, at the Designated                           Percentage and Defined Limit as set                   Implement a Tick Size Pilot) to specify
                                                Percentage away from the last reported                  forth in IEX Rules 11.151(a)(6) and (7),              that if, pursuant to proposed IEX Rule
                                                sale from the responsible single plan                   respectively, subject to the following                11.190(b)(13), a Market Maker Peg Order
                                                processor in order to comply with the                   exception: For all NMS stocks with a                  in a Pilot Security 20 will be priced at an
                                                quotation requirements for market                       price less than $1 per share that are not             increment other than $0.05, the System
                                                makers set forth in IEX Rule 11.151(a).                 included in the S&P 500® Index, Russell               will round such order to buy (sell) up
                                                Market makers will be able to submit                    1000® Index, and a pilot list of                      (down) to the nearest permissible
                                                Market Maker Peg Orders to the                          Exchange Traded Products, the                         increment.21 IEX states that this
                                                Exchange starting at the beginning of the               Exchange will use the Designated                      approach is designed to ensure that
                                                Pre-Market Session, but the order will                  Percentage and Defined Limit applicable               Market Maker Peg Orders for Pilot
                                                not be executable or automatically                      to NMS stocks equal to or greater than                Securities are appropriately priced in
                                                priced until the beginning of the Regular               $1 per share that are not included in the             $0.05 increments by rounding such
                                                Market Session, and will expire at the                  S&P 500® Index, Russell 1000® Index,                  orders to the nearest permissible
                                                end of the Regular Market Session.                      and a pilot list of Exchange Traded                   increment that is also compliant with
                                                  Upon reaching the Defined Limit (as                   Products.                                             the minimum market maker quoting
                                                defined in IEX Rule 11.151(a)(7)), the                     Market Maker Peg Orders will not be
                                                price of a Market Maker Peg Order will                                                                        obligations set forth in IEX Rule
                                                                                                        eligible for routing pursuant to IEX Rule             11.151.22
                                                be adjusted by the System to the
                                                                                                        11.230(b) and are always displayed on
                                                Designated Percentage away from the                                                                              In its proposal, the Exchange noted its
                                                                                                        the Exchange. Notwithstanding the
                                                then current NBB or NBO, or, if there is                                                                      intention to implement the proposed
                                                                                                        availability of Market Maker Peg Order
                                                no NBB or NBO, the order will, by
                                                                                                        functionality, a market maker will
                                                default, be the Designated Percentage                                                                         350 microseconds of latency from the Exchange-
                                                                                                        remain responsible for entering,
                                                away from the last reported sale from                                                                         provided network interface at the IEX POP to the
                                                                                                        monitoring, and resubmitting, as                      System at the primary data center; and ‘‘Outbound
                                                the responsible single plan processor. If
                                                                                                        applicable, quotations that meet the                  POP Latency’’ as an equivalent 350 microseconds
                                                a Market Maker Peg Order bid or offer                                                                         of latency from the System at the primary data
                                                                                                        requirements of IEX Rule 11.151. A new
                                                moves a specified number of percentage                                                                        center to the Exchange-provided network interface
                                                                                                        timestamp will be created for the order
                                                points away from the Designated                                                                               at the IEX POP.
                                                Percentage towards the then current                     each time that it is automatically                       18 The Exchange states that the same ‘‘additional

                                                NBB or NBO, its price will be adjusted                  adjusted in accordance with the                       POP’’ that is used to implement an equivalent 350
                                                by the System to the Designated                         proposed rule.                                        microseconds of latency to all routable orders sent
                                                                                                           The Exchange states that the System                by the System to the Order Book pursuant to Rule
                                                Percentage away from the then current                                                                         11.510(c)(1) will be used to implement such delay
                                                NBB or NBO, as applicable. If there is                  will be available for entry, modification,            to all modified order instructions for Market Maker
                                                no NBB or NBO, as applicable, the order                 and cancellation of Market Maker Peg                  Peg Orders pursuant to proposed Rule
                                                will be adjusted by the System to the                   Orders only via the POP 16 pursuant to                11.190(b)(13). See Notice, supra note 4, at 32028 fn
                                                                                                        IEX Rule 11.510(b), and thus will be                  19.
                                                                                                                                                                 19 See Notice, supra note 4, at 32028. For
                                                  10 See Rule 11.190(a)(3).                             subject to the Inbound and Outbound                   additional details concerning IEX’s approach to
                                                  11 See IEX Rule 11.150.                               POP Latency upon entry, accordingly.17                subject all inbound and outbound communications
                                                  12 The term ‘‘System’’ is defined in IEX Rule                                                               related to the repricing of Market Maker Peg Orders
                                                1.160(nn).                                                15 According to the Exchange, a limit price         to POP latency, see Notice, supra note 4, at 32028–
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                                                  13 The Market Maker Peg Order is one-sided, and       entered on a Market Maker Peg Order is designed       29.
                                                thus a market maker seeking to use Market Maker         to allow a market maker to specify a price at which      20 The term ‘‘Pilot Security’’ has the meaning

                                                Peg Orders as a backstop to help facilitate             the initial pricing and any subsequent repricing of   specified in the Tick Pilot Plan.
                                                compliance with the Exchange’s continuous two-          the order to the Designated Percentage will be           21 The Exchange states that if the rounding

                                                sided quotation requirements set forth in IEX Rule      constrained. See Notice, supra note 4, at 32028.      methodology results in a Market Maker Peg Order
                                                11.151 would need to submit both a bid and an             16 The term ‘‘POP’’ is defined in IEX Rule          being priced to a price below $0.05, the order will
                                                offer using the order type.                             11.510(a).                                            be cancelled back to the market maker that entered
                                                  14 The term ‘‘Regular Market Session’’ is defined       17 See 11.510(b)(1) and (2), respectively, which    the order. See Notice, supra note 4, at 32028.
                                                in IEX Rule 1.160(gg).                                  define the ‘‘Inbound POP Latency’’ as an equivalent      22 See id.




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                                                41454                       Federal Register / Vol. 82, No. 168 / Thursday, August 31, 2017 / Notices

                                                changes during the third quarter of                     requirements of Rule 203(b)(1) of the                  SECURITIES AND EXCHANGE
                                                2017.23                                                 Act or any exception thereto.                          COMMISSION
                                                III. Discussion and Commission                             The Commission believes that the                    [Release No. 34–81486; File No. SR–ICC–
                                                Findings                                                Exchange’s proposal to subject all                     2017–012]
                                                                                                        inbound and outbound communications
                                                   After careful review, the Commission                                                                        Self-Regulatory Organizations; ICE
                                                                                                        related to Market Maker Peg Orders,
                                                finds that the proposed rule change is                                                                         Clear Credit LLC; Notice of Filing of
                                                consistent with the requirements of the                 including the automatic repricing of
                                                                                                        such orders, to POP latency is consistent              Proposed Rule Change Relating to
                                                Act and the rules and regulations                                                                              ICC’s Liquidity Risk Management
                                                thereunder that are applicable to a                     with the Act. In particular, this
                                                                                                                                                               Framework and ICC’s Stress Testing
                                                national securities exchange.24                         treatment of the Market Maker Peg
                                                                                                                                                               Framework
                                                Specifically, the Commission finds that                 Order places a market maker using this
                                                the proposed rule change is consistent                  order type in the same position as                     August 25, 2017.
                                                with Section 6(b)(5) of the Act,25 which                another market maker placing and                          Pursuant to Section 19(b)(1) of the
                                                requires, among other things, that the                  updating its own quote directly without                Securities Exchange Act of 1934 1 and
                                                rules of a national securities exchange                 using the Market Maker Peg Order                       Rule 19b–4,2 notice is hereby given that
                                                be designed to prevent fraudulent and                   type—both will be subject to the POP                   on August 22, 2017, ICE Clear Credit
                                                manipulative acts and practices, to                     and experience the same latency. In                    LLC (‘‘ICC’’) filed with the Securities
                                                promote just and equitable principles of                addition, this approach is consistent                  and Exchange Commission
                                                trade, to foster cooperation and                        with the treatment of other displayed                  (‘‘Commission’’) the proposed rule
                                                coordination with persons engaged in                    orders on the Exchange, all of which are               change described in Items I, II, and III
                                                facilitating transactions in securities, to             subject to the POP latency.                            below, which Items have been primarily
                                                remove impediments to and perfect the                                                                          prepared by ICC. The Commission is
                                                                                                           Further, the Commission believes that               publishing this notice to solicit
                                                mechanism of a free and open market
                                                                                                        the Exchange’s proposal to specify how                 comments on the proposed rule change
                                                and a national market system, and, in
                                                                                                        Market Maker Peg Orders will be priced                 from interested persons.
                                                general, to protect investors and the
                                                public interest. The Commission finds                   in order to comply with the Tick Pilot
                                                                                                                                                               I. Clearing Agency’s Statement of the
                                                that the proposed rule change also is                   Plan is consistent with the Act and Rule
                                                                                                                                                               Terms of Substance of the Proposed
                                                designed to support the principles of                   608 of Regulation NMS 27 because it
                                                                                                                                                               Rule Change
                                                Section 11A(a)(1) 26 of the Act in that it              implements the Tick Pilot Plan and
                                                                                                        conforms Exchange rules to those                          The principal purpose of the
                                                seeks to assure fair competition among                                                                         proposed rule change is to revise the
                                                brokers and dealers and among                           requirements.28
                                                                                                                                                               ICC Liquidity Risk Management
                                                exchange markets.                                          Finally, the Commission notes that                  Framework and the ICC Stress Testing
                                                   The Commission finds that the                        other national securities exchanges offer              Framework. These revisions do not
                                                Exchange’s proposal is consistent with                  similar order types to the Exchange’s                  require any changes to the ICC Clearing
                                                the Act because it provides an optional                 proposed Market Maker Peg Order,29                     Rules (‘‘Rules’’).
                                                tool that market makers may use as a                    and the Commission received no
                                                backstop to help maintain a continuous                  comments on the Exchange’s proposed                    II. Clearing Agency’s Statement of the
                                                quote in satisfaction of the Exchange’s                                                                        Purpose of, and Statutory Basis for, the
                                                                                                        rule change.
                                                minimum continuous quoting                                                                                     Proposed Rule Change
                                                requirements, which may assist in the                   IV. Conclusion                                            In its filing with the Commission, ICC
                                                maintenance of fair and orderly markets.                                                                       included statements concerning the
                                                The Commission notes, however, that                       It is therefore ordered, pursuant to
                                                                                                                                                               purpose of and basis for the proposed
                                                notwithstanding the availability of the                 Section 19(b)(2) of the Act,30 that the
                                                                                                                                                               rule change and discussed any
                                                Market Maker Peg Order functionality,                   proposed rule change (SR–IEX–2017–                     comments it received on the proposed
                                                the market maker remains responsible                    22), be and hereby is, approved.                       rule change. The text of these statements
                                                for meeting its obligations under IEX                     For the Commission, by the Division of               may be examined at the places specified
                                                Rule 11.151, including entering,                        Trading and Markets, pursuant to delegated             in Item IV below. ICC has prepared
                                                monitoring, and re-submitting, as                       authority.31                                           summaries, set forth in sections (A), (B),
                                                applicable, compliant quotations. At the                Eduardo A. Aleman,                                     and (C) below, of the most significant
                                                same time, the Commission finds that                    Assistant Secretary.                                   aspects of these statements.
                                                the proposal is reasonably designed to
                                                assist market makers in complying with
                                                                                                        [FR Doc. 2017–18455 Filed 8–30–17; 8:45 am]            (A) Clearing Agency’s Statement of the
                                                the regulatory requirements of the                      BILLING CODE 8011–01–P                                 Purpose of, and Statutory Basis for, the
                                                Market Access Rule and Regulation                                                                              Proposed Rule Change
                                                SHO. The Commission notes, however,                                                                            (a) Purpose
                                                the Market Maker Peg Order does not by                                                                            ICC proposes revisions to its Stress
                                                itself ensure that the market maker is                                                                         Testing Framework and its Liquidity
                                                satisfying the requirements of the                                                                             Risk Management Framework.
                                                Market Access Rule or Regulation SHO,                                                                          Specifically, ICC proposes changes to
                                                                                                          27 17 CFR 242.608.
                                                including the satisfaction of the locate
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                                                                                                          28 The  Commission notes that in this regard IEX’s
                                                                                                                                                               enhance ICC’s stress testing and
                                                                                                        proposal is substantially similar to Bats BZX          liquidity stress testing practices
                                                  23 See id. at 32029.
                                                                                                        Exchange, Inc. (‘‘Bats’’) Rule 11.27(c)(5).            following the clearing of Single Name
                                                  24 In approving this rule change, the Commission
                                                has considered the rule’s impact on efficiency,
                                                                                                          29 See, e.g., Bats Rule 11.9(c)(16), Nasdaq Stock    (‘‘SN’’) credit default swaps (‘‘CDS’’)
                                                competition, and capital formation. See 15 U.S.C.       Market LLC Rule 4702(b)(7), and Bats EDGX              referencing ICC Clearing Participants
                                                78c(f).                                                 Exchange, Inc. Rule 11.8(e).
                                                  25 15 U.S.C. 78f(b)(5).                                 30 15 U.S.C. 78s(b)(2).                               1 15   U.S.C. 78s(b)(1).
                                                  26 15 U.S.C. 78k–1(a)(1).                               31 17 CFR 200.30–3(a)(12).                            2 17   CFR 240.19b–4.



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Document Created: 2017-09-23 10:08:23
Document Modified: 2017-09-23 10:08:23
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 41452 

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