82_FR_45046 82 FR 44861 - Self-Regulatory Organizations: Investors Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Clarify the Manner in Which the Order Collar and Router Constraint Apply to Auctions and the Opening Process

82 FR 44861 - Self-Regulatory Organizations: Investors Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Clarify the Manner in Which the Order Collar and Router Constraint Apply to Auctions and the Opening Process

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 185 (September 26, 2017)

Page Range44861-44865
FR Document2017-20500

Federal Register, Volume 82 Issue 185 (Tuesday, September 26, 2017)
[Federal Register Volume 82, Number 185 (Tuesday, September 26, 2017)]
[Notices]
[Pages 44861-44865]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-20500]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81662; File No. SR-IEX-2017-31]


Self-Regulatory Organizations: Investors Exchange LLC; Notice of 
Filing and Immediate Effectiveness of Proposed Rule Change To Clarify 
the Manner in Which the Order Collar and Router Constraint Apply to 
Auctions and the Opening Process

September 20, 2017.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of 
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby 
given that, on September 6, 2017, the Investors Exchange LLC (``IEX'' 
or the ``Exchange'') filed with the Securities and Exchange Commission 
(the ``Commission'') the proposed rule change as described in Items I 
and II below, which Items have been prepared by the self-regulatory 
organization. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    Pursuant to the provisions of Section 19(b)(1) under the Securities 
Exchange Act of 1934 (``Act''),\4\ and Rule 19b-4 thereunder,\5\ 
Investors Exchange LLC (``IEX'' or ``Exchange'') is filing with the 
Commission a proposed rule change to clarify the inapplicability of the 
Exchange's Order Collar \6\ and Router Constraint \7\ to certain orders 
that are eligible for participation in the opening process for non-IEX-
listed securities pursuant to Rule 11.231, or for auctions in IEX-
listed securities pursuant to Rule 11.350. The Exchange has designated 
this rule change as ``non-controversial'' under Section 19(b)(3)(A) of 
the Act \8\ and provided the Commission with the notice required by 
Rule 19b-4(f)(6) thereunder.\9\
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    \4\ 15 U.S.C. 78s(b)(1).
    \5\ 17 CRF 240.19b-4.
    \6\ See Rule 11.190(f)(1).
    \7\ See Rule 11.190(f)(2).
    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4.
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    The text of the proposed rule change is available at the Exchange's 
Web site at www.iextrading.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 the 
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization 
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 statement may be examined at 
the places specified in Item IV below. The self-regulatory organization 
has prepared summaries, set forth in Sections A, B, and C below, of the 
most significant aspects of such statements.

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

1. Purpose
Background
    The purpose of this proposed rule change is to clarify the 
inapplicability of the Exchange's Order Collar and Router Constraint to 
certain orders that are eligible for participation in the opening 
process for non-IEX-listed securities pursuant to Rule 11.231, or for 
auctions in IEX-listed securities pursuant to Rule 11.350. On July 24th 
2017, the Commission approved a proposed rule change filed by the 
Exchange to amend IEX Rule 11.231 to modify the manner in which the 
Exchange opens trading for non-IEX-listed securities beginning at the 
start of Regular Market Hours (the ``Opening Process'').\10\ On August 
4, 2017, the Commission approved a proposed rule change filed by the 
Exchange to adopt rules governing auctions in IEX-listed securities, 
provide for the dissemination of auction related market data, and 
establish rules relating to trading halts and pauses (``IEX 
Auctions'').\11\
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    \10\ See Securities Exchange Act Release No. 81195 (July 24, 
2017), 82 FR 35250 (July 28, 2017).
    \11\ See Securities Exchange Act Release No. 81316 (August 4, 
2017), 82 FR 37474 (August 10, 2017).
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Opening Process for Non-IEX-Listed Securities
    Pursuant to Rule 11.231, the Exchange attempts to perform the 
Opening Process in each non-IEX-listed security, in which all eligible 
interest resting on the Order Book in the Pre-Market Session available 
for continuous trading (i.e., orders on the ``Continuous Book'') as 
well as all eligible interest queued for execution in the Regular 
Market Session (i.e., orders on the ``Cross Book'') are executed at a 
single price. Prior to the beginning of Regular Market Hours, Users who 
wish to participate in the Opening Process may enter limit, market, and 
pegged orders designated with a time-in-force of DAY and limit orders 
designated with a time-in-force of GTX, which shall queue in the System 
and are eligible for execution in the Opening Process (orders on the 
Cross Book); interest resting on the Order Book in the Pre-Market 
Session available for continuous trading (i.e., orders on the 
Continuous Book) are also eligible for execution in the Opening Process 
(collectively, ``Cross Eligible Orders'').
    Cross Eligible Orders resting on the Continuous Book are ranked by 
the price at which they are resting on the Continuous Book and Cross 
Eligible Orders resting on the Cross Book are ranked by the limit price 
defined by the User, if any, except in the case of pegged orders, which 
are ranked by their current book price (in each case, the order's 
``resting price''). Specifically, pursuant to Rule 11.220(a)(2), Cross 
Eligible Orders are ranked and eligible for execution in the Opening 
Process in price-display-time priority as follows:
     Midpoint peg orders, as defined in IEX Rule 11.190(b)(9), 
on the Cross Book are ranked and eligible for execution in the Opening 
Process at the less aggressive of the Midpoint Price or the order's 
limit price, if any.
     Primary peg orders, as defined in IEX Rule 11.190(b)(8), 
on the Cross Book are ranked and eligible for execution in the Opening 
Process at the less aggressive of one (1) MPV below (above) the NBB 
(NBO) for buy (sell) orders or the order's limit price, if any, but may 
exercise price discretion up (down) to

[[Page 44862]]

the Opening Match Price, subject to the less aggressive of the NBB 
(NBO) or the order's limit price, if any, except during periods of 
quote instability, as defined in IEX Rule 11.190(g). When exercising 
price discretion, primary peg orders are ranked behind any non-
displayed interest at the Opening Match Price \12\ for the duration of 
the Opening Process. If multiple primary peg orders are exercising 
price discretion during the Opening Process, they maintain their 
relative time priority at the Opening Match Price.
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    \12\ See IEX Rule 11.231(b)(1).
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     Discretionary Peg orders, as defined in IEX Rule 
11.190(b)(10), on the Cross Book are ranked and eligible for execution 
in the Opening Process at the less aggressive of the NBB (NBO) for buy 
(sell) orders or the order's limit price, if any, but may exercise 
price discretion up (down) to the Opening Match Price, subject to the 
less aggressive of the Midpoint Price or the order's limit price, if 
any, except during periods of quote instability, as defined in IEX Rule 
11.190(g). When exercising price discretion, Discretionary Peg orders 
are ranked behind any non-displayed interest at the Opening Match Price 
for the duration of the Opening Process. If multiple Discretionary Peg 
orders are exercising price discretion during the Opening Process, they 
maintain their relative time priority at the Opening Match Price.
     Limit orders on the Cross Book are ranked and eligible for 
execution in the Opening Process at their limit price.
     Non-displayed limit orders and non-displayed portions of 
reserve orders on the Continuous Book are ranked and eligible for 
execution in the Opening Process at the less aggressive of the Midpoint 
Price or the order's limit price.
     Displayed limit orders on the Continuous Book are ranked 
and eligible for execution in the Opening Process at their resting 
price.
IEX Auctions for IEX-Listed Securities
    Pursuant to Rule 11.350, once IEX begins a listing program, IEX 
Auctions will enable Members to participate in electronic price 
discovery mechanisms that match all eligible orders resting on the 
Order Book that are eligible for continuous trading (i.e., orders on 
the ``Continuous Book''), as well as all eligible orders queued for 
execution in the applicable auction (i.e., orders on the ``Auction 
Book'') in each IEX-listed security at a single price using a double 
auction process. Members who wish to participate in an IEX Auction can 
send Auction Eligible Orders (i.e., orders on Continuous Book or 
Auction Book that are not Auction Ineligible Orders \13\) prior to the 
auction. The IEX Auction process is designed to efficiently maximize 
the number of shares executed at a single price during the auctions. 
IEX Auctions will apply to all IEX-listed securities at the open 
(``Opening Auction'') and close (``Closing Auction'') of the Regular 
Market Session, for the start of trading for an IPO or launch of a new 
issue (``IPO Auction''), and upon the resumption of trading in a 
security following a trading halt (``Halt Auction'') or a trading pause 
pursuant to the LULD Plan (``Volatility Auction'').\14\
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    \13\ See Rule 11.350(a)(3).
    \14\ See Rule 11.280(e)(1)(A) and Supplementary Material .01(c) 
to Rule 14.207.
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    Auction Eligible Orders resting on the Continuous Book are ranked 
by the price at which they are resting on the Continuous Book; Auction 
Eligible Orders resting on the Auction Book are ranked by the limit 
price defined by the User, if any, (in each case, the order's ``resting 
price''). Specifically, pursuant to Rule 11.350(b)(1)(A)(i), Auction 
Eligible Orders are ranked and eligible for execution in IEX Auctions 
in price-display-time priority as follows:
     Midpoint peg orders are ranked and eligible for execution 
in the Closing Auction at the less aggressive of the Midpoint Price or 
the order's limit price, if any.
     Primary peg orders are ranked and eligible for execution 
in the Closing Auction at the less aggressive of one (1) MPV below 
(above) the NBB (NBO) for buy (sell) orders or the order's limit price, 
if any, but may exercise price discretion up (down) to the auction 
match price, subject to the less aggressive of the NBB (NBO) or the 
order's limit price, if any, except during periods of quote 
instability, as defined in IEX Rule 11.190(g). When exercising price 
discretion, primary peg orders are ranked behind any non-displayed 
interest at the auction match price for the duration of the Closing 
Auction. If multiple primary peg orders are exercising price discretion 
during the Closing Auction, they maintain their relative time priority 
at the auction match price.
     Discretionary Peg orders are ranked and eligible for 
execution in the Closing Auction at the less aggressive of the NBB 
(NBO) for buy (sell) orders or the order's limit price, if any, but may 
exercise price discretion up (down) to the auction match price, subject 
to the less aggressive of the Midpoint Price or the order's limit 
price, if any, except during periods of quote instability, as defined 
in IEX Rule 11.190(g). When exercising price discretion, Discretionary 
Peg orders are ranked behind any non-displayed interest at the auction 
match price for the duration of the Closing Auction. If multiple 
Discretionary Peg orders are exercising price discretion during the 
Closing Auction, they maintain their relative time priority at the 
auction match price.
     Non-displayed limit orders and non-displayed portions of 
reserve orders on the Continuous Book are ranked and eligible for 
execution in the Opening or Closing Auction at the less aggressive of 
the Midpoint Price or the order's limit price.
     Displayed limit orders on the Continuous Book are ranked 
and eligible for execution in the Opening or Closing Auction at the 
order's resting price.
     Limit orders, including LOO and LOC orders, on the Auction 
Book are ranked and eligible for execution in an auction at the order's 
limit price.
IEX Order Collar and Router Constraint
    Rule 11.190(f)(1) sets forth the operation of the IEX Order Collar, 
which prevents any incoming order, or order resting on the Order Book 
including those marked ISO, from executing at prices outside of the 
Order Collar price range. Similarly, Rule 11.190(f)(2) sets forth the 
operation of the IEX Router Constraint, which prevents an order from 
routing at prices more aggressive than the Router Constraint price 
range. The Order Collar and Router Constraint price ranges are 
calculated by applying the numerical guidelines for clearly erroneous 
executions to the Order Collar Reference Price and Router Constraint 
Reference Price, respectively.\15\ The Order Collar Reference Price and 
Router Constraint Reference Price are each defined as the most current 
of the following:
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    \15\ The upper (lower) Order Collar price range and the upper 
(lower) Router Constraint Price range are calculated by adding 
(subtracting) the appropriate percentage (consistent with the 
numerical guidelines for clearly erroneous executions) to the Order 
Collar Reference Price and the Router Constraint Reference Price, 
respectively.
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     The last sale price disseminated during the Regular Market 
Session on the current trade date;
     Last trade price disseminated outside of the Regular 
Market Session (Form T, as communicated by the relevant SIP) on trade 
date which other than for the Form T designation would have been 
considered a valid last sale price; or
     If neither of the prices above are available, the prior 
days Official Closing Price from the listing exchange, adjusted

[[Page 44863]]

to account for corporate actions, news events, etc.
    In the event there is no valid Order Collar Reference Price or 
Router Constraint Reference Price, the Exchange generally rejects 
orders for the security.\16\
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    \16\ See Rules 11.190(f)(1)-(2).
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Proposed Clarifications
    During development and testing of the functionality for the Opening 
Process and IEX Auctions, the Exchange identified a minor ambiguity 
between the Order Collar and Router Constraint rule provisions, and the 
rule provisions governing the priority of ranking and execution for 
orders eligible for execution in the Opening Process or IEX Auctions. 
Specifically, as described above, the priority of ranking and execution 
rule provisions for the Opening Process and for IEX Auctions 
contemplate that the IEX Order Collar would not apply to orders 
eligible for the Cross Book or the Auction Book, and that the Router 
Constraint functionality would not apply to orders eligible for the 
Cross Book or the Opening Auction Book.\17\ As set forth above, the 
rules governing priority of ranking and execution for the Opening 
Process and IEX Auctions specify in relevant part that orders queued on 
the Cross Book or the Auction Book rest at the order's limit price 
defined by the User (if any), and that market orders have precedence 
over limit orders. Accordingly, and as discussed more fully below, 
application of the Order Collar or Router Constraint to such orders 
would be inconsistent with the provisions governing their priority of 
ranking and execution.
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    \17\ The Exchange notes that the Router Constraint does not 
apply to orders on the Closing Auction Book, because such orders are 
comprised of On-Close orders (i.e., Limit-On-Close and Market-On-
Close orders), which are only accepted if they are appropriately 
designated as ``IEX-only''. See the IEX Auction Specification at 15, 
which describes valid FIX tag combinations for On-Close orders. See 
also Rules 11.350(a)(20) and (24). Similarly, the Router Constraint 
does not apply to market orders with a time-in-force of DAY that are 
entered during the Pre-Market Session and are eligible for the 
Opening Auction Book, because such orders are rejected if they are 
designated to route pursuant to Rule 11.230(c). See Rule 
11.190(a)(2)(E)(iii). Accordingly, the proposed rule change is 
narrowly tailored to cover limit orders eligible for the Opening 
Auction Book.
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    The Exchange believes that the application of the Order Collar to 
orders eligible for the Cross Book or the Auction Book, or the Router 
Constraint to orders eligible for the Cross Book or the Opening Auction 
Book, would be inconsistent with the existing provisions governing 
their priority of ranking and execution, because a collared or 
constrained limit order could rest at a less aggressive price than its 
user-defined limit price, and a collared or constrained market order 
would, by definition, have a limit applied by the System (which is 
inconsistent with the user-instructed terms if the order), and could 
cede priority. For example, if the Order Collar were to apply, a market 
order to buy (sell) entered for the Opening Process or for an IEX 
Auction would effectively be converted into a limit order with a limit 
price equal to the upper (lower) Order Collar price range. Moreover, a 
limit order to buy (sell) with a limit price more aggressive than the 
upper (lower) Order Collar price range would be entered onto the Cross 
Book or the Auction Book with a limit price equal to the upper (lower) 
Order Collar price range, which is a less aggressive price than the 
orders' user-defined limit price. Similarly, if the Router Constraint 
were to apply to routable orders that are eligible for the Cross Book 
or the Opening Auction Book, a routable limit order to buy (sell) with 
a limit price more aggressive than the upper (lower) Router Constraint 
price range would be entered onto the Cross Book or the Opening Auction 
Book, respectively, with a limit price equal to the upper (lower) 
Router Constraint price range, which is a less aggressive price than 
the user-defined limit price on such orders. Lastly, in addition to the 
inconsistencies that arise from applying the Router Constraint as 
described above, its application to a buy (sell) order entered onto the 
Opening Auction Book early in the Pre-Market Session based on the price 
of the current last trade could unnecessarily constrain the order from 
participating in the auction and impact the price discovery process if 
the market for the security has moved up (down) by the time of the 
Opening Auction.
    In addition to the foregoing, the Exchange believes that applying 
the Order Collar or Router Constraint to orders entered for a Halt or 
Volatility Auction could disrupt the price discovery process, and would 
be inconsistent with the protection of investors and the public 
interest.\18\ Applying the Order Collar or Router Constraint to orders 
entered for a Halt Auction or Volatility Auction would require using 
the price of the last trade immediately before the halt or pause as the 
Order Collar Reference Price and Router Constraint Reference Price, 
respectively. In the event of a trading halt, the market is in the 
process of reestablishing the value of a security, and therefore 
calculating the Order Collar price range and Router Constraint price 
range using a last sale reference price that may not reflect 
adjustments in valuation resulting from additional information 
regarding the security during the halt could result in auction pricing 
that is not reflective of the current value of the security. Similarly, 
in the event of a trading pause, the security has just experienced 
sharp price volatility and the market is in the process of 
reestablishing the value of a security, and therefore calculating the 
Order Collar price range and the Router Constraint price range using a 
reference price that may not reflect adjustments in valuation during 
the pause could potentially result in auction pricing that is not 
reflective of the current value of the security. Accordingly, the 
Exchange is proposing to also clarify that in the event a security is 
subject to a trading halt or trading pause, the Router Constraint 
Reference Price is invalid. Pursuant to Rule 11.190(f)(2)(B), in the 
absence of a valid Router Constraint Reference Price, the Exchange will 
reject any routable orders for the security.
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    \18\ The Exchange notes that securities that are the subject of 
an IPO Auction pursuant to Rule 11.350(e) will be subject to a 
trading halt pursuant to Rule 11.280(g)(7), and would therefore not 
have a valid Router Constraint Reference Price pursuant Rule 
11.190(f)(2)(A).
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    In sum, consistent with the foregoing, the Exchange is proposing 
to:
     Clarify in Rule 11.190(f)(1) that the Order Collar does 
not apply to orders that are eligible for the Cross Book pursuant to 
Rule 11.231 during the Opening Process for non-IEX-listed securities or 
the Auction Book pursuant to Rule 11.350(a)(1) during the auction 
process for IEX-listed securities;
     Clarify in Rule 11.190(f)(2) that the Router Constraint 
does not apply to orders that are eligible for the Cross Book pursuant 
to Rule 11.231 during the Opening Process for non-IEX-listed securities 
or the Auction Book pursuant to Rule 11.350(a)(1)(A)(ii) during the 
auction process for IEX-listed securities; and
     Clarify in Rule 11.190(f)(2)(A) that the Router Constraint 
Reference Price during a trading halt or pause is invalid.
    Lastly, as recently announced by IEX Trading Alert #2017-027, on 
August 23, 2017 the Exchange began a multi-phase deployment of the 
Opening Process for non-IEX-listed securities.\19\ The production 
deployment is scheduled to be completed on August 30, 2017. Moreover, 
as announced by IEX Trading Alert #2017-015, the Exchange intends to 
become a primary listing exchange and support its first IEX-listed 
security

[[Page 44864]]

in October of 2017.\20\ In addition, as part of the listings 
initiative, the Exchange is providing a series of industry wide weekend 
tests for the Exchange and its Members to exercise the various 
technology changes required to support IEX Auctions and listings 
functionality.\21\ Accordingly, in order to provide clarity to Members 
and other market participants regarding the Opening Process and IEX 
Auctions, and specifically to avoid potential confusion regarding the 
inapplicability of the IEX Order Collar and Router Constraint to their 
operation, the Exchange is proposing to make the clarifying changes to 
Rule 11.190(f)(1) and (2) described above.
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    \19\ See IEX Trading Alert #2017-027 (Deployment Schedule for 
New Opening Process for Non-IEX-Listed Securities), August 3, 2017.
    \20\ See IEX Trading Alert #2017-015 (Listings Specifications, 
Testing Opportunities, and Timelines), May 31, 2017.
    \21\ See IEX Trading Alert #2017-028 (First Listings 
Functionality Industry Test on Saturday, August 26), August 17, 
2017.
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2. Statutory Basis
    IEX believes that the proposed rule change is consistent with the 
provisions of Section 6(b) \22\ of the Act in general, and furthers the 
objectives of Section 6(b)(5) of the Act \23\ in particular, in that it 
is designed to prevent fraudulent and manipulative acts and practices, 
to promote just and equitable principles of trade, to remove 
impediments to and perfect the mechanism of a free and open market and 
a national market system, and, in general, to protect investors and the 
public interest.
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    \22\ 15 U.S.C. 78f.
    \23\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that the proposed rule clarifications do not 
alter the substantive functionality of the Opening Process or IEX 
Auctions, but instead clarify the applicability of the IEX Order Collar 
and Router Constraint so as to be consistent with the existing rules 
approved by the Commission. The Exchange further believes that the 
proposed clarifying rule change is consistent with the protection of 
investors and the public interest because the proposed clarifications 
are designed to avoid any potential confusion regarding the Opening 
Process and IEX Auction functionality as IEX completes the production 
deployment of the Opening Process for non-IEX-listed securities, and 
begins industry wide testing to exercise the technology changes being 
made by the Exchange and its Members, and make the Exchanges rules more 
clear and complete. Additionally, the Exchange believes it is 
consistent with the Act to clarify the rule provisions regarding the 
Opening Process and IEX Auctions so that IEX's rules are accurate and 
descriptive of the System's functionality as approved by the 
Commission, and to avoid any potential confusion among Members and 
market participants regarding such functionality. Lastly, the Exchange 
believes that it is consistent with the Act to provide that the Router 
Constraint Reference Price is invalid in the event a security is 
subject to a trading halt or trading pause, and thus routable orders in 
such security will be rejected, to further clarify the inapplicability 
of the Router Constraint to such orders. As discussed in the Purpose 
section, when a security is subject to a trading halt or trading pause, 
the Router Constraint Reference Price may not reflect adjustments in 
valuation and therefore could result in auction pricing that is not 
reflective of the current value of the security.

B. Self-Regulatory Organization's Statement on Burden on Competition

    IEX does not believe that the proposed rule change will result in 
any burden on competition that is not necessary or appropriate in 
furtherance of the purposes of the Act. The Exchange believes that the 
proposed correction does not impact competition in any respect since it 
is designed to clarify the inapplicability of the IEX Order Collar and 
Router Constraint to orders eligible for execution in the Opening 
Process for non-IEX-listed securities and in IEX Auctions for IEX-
listed securities, without substantively changing the Rules as 
separately approved. In addition, the Exchange does not believe that 
clarifying that the Router Constraint Reference Price is invalid in the 
event a security is subject to a trading halt or trading pause will 
impose any burden on competition, since this proposed change is 
designed to further clarify the inapplicability of the Router 
Constraint to such orders. The proposed changes will apply equally to 
all Members and therefore no new burdens are being proposed.

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

    Written comments were neither solicited nor received.

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

    The Exchange has designated this rule filing as non-controversial 
under Section 19(b)(3)(A) \24\ of the Act and Rule 19b-4(f)(6) \25\ 
thereunder. Because the proposed rule change does not: (i) 
Significantly affect the protection of investors or the public 
interest; (ii) impose any significant burden on competition; and (iii) 
become operative for 30 days from the date on which it was filed, or 
such shorter time as the Commission may designate, it has become 
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6) thereunder.
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    \24\ 15 U.S.C. 78s(b)(3)(A).
    \25\ 17 CFR 240.19b-4(f)(6).
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    A proposed rule change filed under Rule 19b-4(f)(6) \26\ normally 
does not become operative prior to 30 days after the date of the 
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\27\ the Commission 
may designate a shorter time if such action is consistent with the 
protection of investors and the public interest. The Exchange has filed 
the proposed rule change for immediate effectiveness and has requested 
that the Commission waive the requirement that the proposed rule change 
not become operative for 30 days after the date of the filing, so that 
it may become operative on the date the filing was received.
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    \26\ 17 CFR 240.19b-4(f)(6).
    \27\ 17 CFR 240.19b-4(f)(6)(iii).
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    The purpose of the proposed rule change is to state clearly in IEX 
Rule 11.190 the inapplicability of the IEX Order Collar and Router 
Constraint to orders eligible for execution in the Opening Process for 
non-IEX-listed securities and in IEX Auctions for IEX-listed 
securities. Additionally, the proposed rule change clearly states in 
IEX Rule 11.190 that the IEX Router Constraint is inapplicable when a 
security is subject to a trading halt or trading pause and such orders 
will be rejected. These clarifications resolve potential ambiguity and 
ensure consistency between IEX Rule 11.190 and the opening auction 
rules previously approved by the Commission. Further, the proposed rule 
change does not raise any novel issues. The waiver of the operative 
delay is, therefore, consistent with the protection of investors and 
the public interest because it will help to avoid potential confusion 
among market participants regarding the inapplicability of the IEX 
Order Collar and Router Constraint to orders eligible for the Cross 
Book for non-IEX-listed securities and the Auction Book for IEX-listed 
securities. Therefore, the Commission hereby waives the 30-day 
operative delay and designates the proposed rule change to be operative 
upon filing.\28\
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    \28\ For purposes only of waiving the operative delay for this 
proposal, the Commission has considered the proposed rule's impact 
on efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).

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[[Page 44865]]

    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission shall institute proceedings under 
Section 19(b)(2)(B) \29\ of the Act to determine whether the proposed 
rule change should be approved or disapproved.
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    \29\ 15 U.S.C. 78s(b)(2)(B).
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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-IEX-2017-31 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-IEX-2017-31. This file 
number should be included in 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 Section, 100 F Street 
NE., Washington, DC 20549-1090. Copies of the filing will also be 
available for inspection and copying at the IEX's principal office and 
on its Internet Web site at www.iextrading.com. 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-IEX-2017-31 and should be submitted on 
or before October 17, 2017.
---------------------------------------------------------------------------

    \30\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\30\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-20500 Filed 9-25-17; 8:45 am]
BILLING CODE 8011-01-P



                                Federal Register / Vol. 82, No. 185 / Tuesday, September 26, 2017 / Notices                                                  44861

     Supporting Data; Filing Acceptance                       thereunder,5 Investors Exchange LLC                   2017, the Commission approved a
     Date: September 20, 2017; Filing                         (‘‘IEX’’ or ‘‘Exchange’’) is filing with the          proposed rule change filed by the
     Authority: 39 U.S.C. 3642 and 39 CFR                     Commission a proposed rule change to                  Exchange to adopt rules governing
     3020.30 et seq., Public Representative:                  clarify the inapplicability of the                    auctions in IEX-listed securities,
     Christopher C. Mohr; Comments Due:                       Exchange’s Order Collar 6 and Router                  provide for the dissemination of auction
     September 28, 2017.                                      Constraint 7 to certain orders that are               related market data, and establish rules
       3. Docket No(s).: MC2017–206 and                       eligible for participation in the opening             relating to trading halts and pauses
     CP2017–314; Filing Title: Request of the                 process for non-IEX-listed securities                 (‘‘IEX Auctions’’).11
     United States Postal Service to Add                      pursuant to Rule 11.231, or for auctions
                                                                                                                    Opening Process for Non-IEX-Listed
     Priority Mail Contract 360 to                            in IEX-listed securities pursuant to Rule
                                                                                                                    Securities
     Competitive Product List and Notice of                   11.350. The Exchange has designated
     Filing (Under Seal) of Unredacted                        this rule change as ‘‘non-controversial’’                Pursuant to Rule 11.231, the Exchange
     Governors’ Decision, Contract, and                       under Section 19(b)(3)(A) of the Act 8                attempts to perform the Opening
     Supporting Data; Filing Acceptance                       and provided the Commission with the                  Process in each non-IEX-listed security,
     Date: September 20, 2017; Filing                         notice required by Rule 19b–4(f)(6)                   in which all eligible interest resting on
     Authority: 39 U.S.C. 3642 and 39 CFR                     thereunder.9                                          the Order Book in the Pre-Market
     3020.30 et seq., Public Representative:                     The text of the proposed rule change               Session available for continuous trading
     Christopher C. Mohr; Comments Due:                       is available at the Exchange’s Web site               (i.e., orders on the ‘‘Continuous Book’’)
     September 28, 2017.                                      at www.iextrading.com, at the principal               as well as all eligible interest queued for
       This notice will be published in the                   office of the Exchange, and at the                    execution in the Regular Market Session
     Federal Register.                                        Commission’s Public Reference Room.                   (i.e., orders on the ‘‘Cross Book’’) are
                                                                                                                    executed at a single price. Prior to the
     Stacy L. Ruble,                                          II. Self-Regulatory Organization’s
                                                                                                                    beginning of Regular Market Hours,
     Secretary.                                               Statement of the Purpose of, and the
                                                                                                                    Users who wish to participate in the
                                                              Statutory Basis for, the Proposed Rule
     [FR Doc. 2017–20528 Filed 9–25–17; 8:45 am]                                                                    Opening Process may enter limit,
                                                              Change
     BILLING CODE 7710–FW–P                                                                                         market, and pegged orders designated
                                                                 In its filing with the Commission, the             with a time-in-force of DAY and limit
                                                              self-regulatory organization included                 orders designated with a time-in-force of
     SECURITIES AND EXCHANGE                                  statements concerning the purpose of                  GTX, which shall queue in the System
     COMMISSION                                               and basis for the proposed rule change                and are eligible for execution in the
                                                              and discussed any comments it received                Opening Process (orders on the Cross
     [Release No. 34–81662; File No. SR–IEX–                  on the proposed rule change. The text                 Book); interest resting on the Order
     2017–31]                                                 of these statement may be examined at                 Book in the Pre-Market Session
                                                              the places specified in Item IV below.                available for continuous trading (i.e.,
     Self-Regulatory Organizations:                           The self-regulatory organization has
     Investors Exchange LLC; Notice of                                                                              orders on the Continuous Book) are also
                                                              prepared summaries, set forth in                      eligible for execution in the Opening
     Filing and Immediate Effectiveness of                    Sections A, B, and C below, of the most
     Proposed Rule Change To Clarify the                                                                            Process (collectively, ‘‘Cross Eligible
                                                              significant aspects of such statements.               Orders’’).
     Manner in Which the Order Collar and
     Router Constraint Apply to Auctions                      A. Self-Regulatory Organization’s                        Cross Eligible Orders resting on the
     and the Opening Process                                  Statement of the Purpose of, and the                  Continuous Book are ranked by the
                                                              Statutory Basis for, the Proposed Rule                price at which they are resting on the
     September 20, 2017.                                      Change                                                Continuous Book and Cross Eligible
        Pursuant to Section 19(b)(1) 1 of the                                                                       Orders resting on the Cross Book are
     Securities Exchange Act of 1934 (the                     1. Purpose                                            ranked by the limit price defined by the
     ‘‘Act’’) 2 and Rule 19b–4 thereunder,3                   Background                                            User, if any, except in the case of pegged
     notice is hereby given that, on                             The purpose of this proposed rule                  orders, which are ranked by their
     September 6, 2017, the Investors                         change is to clarify the inapplicability of           current book price (in each case, the
     Exchange LLC (‘‘IEX’’ or the                             the Exchange’s Order Collar and Router                order’s ‘‘resting price’’). Specifically,
     ‘‘Exchange’’) filed with the Securities                  Constraint to certain orders that are                 pursuant to Rule 11.220(a)(2), Cross
     and Exchange Commission (the                             eligible for participation in the opening             Eligible Orders are ranked and eligible
     ‘‘Commission’’) the proposed rule                        process for non-IEX-listed securities                 for execution in the Opening Process in
     change as described in Items I and II                    pursuant to Rule 11.231, or for auctions              price-display-time priority as follows:
     below, which Items have been prepared                    in IEX-listed securities pursuant to Rule                • Midpoint peg orders, as defined in
     by the self-regulatory organization. The                 11.350. On July 24th 2017, the                        IEX Rule 11.190(b)(9), on the Cross Book
     Commission is publishing this notice to                  Commission approved a proposed rule                   are ranked and eligible for execution in
     solicit comments on the proposed rule                    change filed by the Exchange to amend                 the Opening Process at the less
     change from interested persons.                          IEX Rule 11.231 to modify the manner                  aggressive of the Midpoint Price or the
                                                              in which the Exchange opens trading for               order’s limit price, if any.
     I. Self-Regulatory Organization’s                                                                                 • Primary peg orders, as defined in
     Statement of the Terms of Substance of                   non-IEX-listed securities beginning at
                                                                                                                    IEX Rule 11.190(b)(8), on the Cross Book
     the Proposed Rule Change                                 the start of Regular Market Hours (the
                                                                                                                    are ranked and eligible for execution in
                                                              ‘‘Opening Process’’).10 On August 4,
       Pursuant to the provisions of Section                                                                        the Opening Process at the less
     19(b)(1) under the Securities Exchange                     5 17  CRF 240.19b–4.
                                                                                                                    aggressive of one (1) MPV below (above)
     Act of 1934 (‘‘Act’’),4 and Rule 19b–4                     6 See  Rule 11.190(f)(1).                           the NBB (NBO) for buy (sell) orders or
                                                                 7 See Rule 11.190(f)(2).                           the order’s limit price, if any, but may
       1 15 U.S.C. 78s(b)(1).                                    8 15 U.S.C. 78s(b)(3)(A).                          exercise price discretion up (down) to
       2 15 U.S.C. 78a.                                          9 17 CFR 240.19b–4.
       3 17 CFR 240.19b–4.                                       10 See Securities Exchange Act Release No. 81195     11 See Securities Exchange Act Release No. 81316
       4 15 U.S.C. 78s(b)(1).                                 (July 24, 2017), 82 FR 35250 (July 28, 2017).         (August 4, 2017), 82 FR 37474 (August 10, 2017).



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     44862                        Federal Register / Vol. 82, No. 185 / Tuesday, September 26, 2017 / Notices

     the Opening Match Price, subject to the                   Continuous Book or Auction Book that                  defined in IEX Rule 11.190(g). When
     less aggressive of the NBB (NBO) or the                   are not Auction Ineligible Orders 13)                 exercising price discretion,
     order’s limit price, if any, except during                prior to the auction. The IEX Auction                 Discretionary Peg orders are ranked
     periods of quote instability, as defined                  process is designed to efficiently                    behind any non-displayed interest at the
     in IEX Rule 11.190(g). When exercising                    maximize the number of shares                         auction match price for the duration of
     price discretion, primary peg orders are                  executed at a single price during the                 the Closing Auction. If multiple
     ranked behind any non-displayed                           auctions. IEX Auctions will apply to all              Discretionary Peg orders are exercising
     interest at the Opening Match Price 12                    IEX-listed securities at the open                     price discretion during the Closing
     for the duration of the Opening Process.                  (‘‘Opening Auction’’) and close                       Auction, they maintain their relative
     If multiple primary peg orders are                        (‘‘Closing Auction’’) of the Regular                  time priority at the auction match price.
     exercising price discretion during the                    Market Session, for the start of trading                 • Non-displayed limit orders and
     Opening Process, they maintain their                      for an IPO or launch of a new issue                   non-displayed portions of reserve orders
     relative time priority at the Opening                     (‘‘IPO Auction’’), and upon the                       on the Continuous Book are ranked and
     Match Price.                                              resumption of trading in a security                   eligible for execution in the Opening or
        • Discretionary Peg orders, as defined                 following a trading halt (‘‘Halt                      Closing Auction at the less aggressive of
     in IEX Rule 11.190(b)(10), on the Cross                   Auction’’) or a trading pause pursuant to             the Midpoint Price or the order’s limit
     Book are ranked and eligible for                          the LULD Plan (‘‘Volatility Auction’’).14             price.
     execution in the Opening Process at the                      Auction Eligible Orders resting on the                • Displayed limit orders on the
     less aggressive of the NBB (NBO) for buy                  Continuous Book are ranked by the                     Continuous Book are ranked and
     (sell) orders or the order’s limit price, if              price at which they are resting on the                eligible for execution in the Opening or
     any, but may exercise price discretion                    Continuous Book; Auction Eligible                     Closing Auction at the order’s resting
     up (down) to the Opening Match Price,                     Orders resting on the Auction Book are                price.
     subject to the less aggressive of the                     ranked by the limit price defined by the                 • Limit orders, including LOO and
     Midpoint Price or the order’s limit                       User, if any, (in each case, the order’s              LOC orders, on the Auction Book are
     price, if any, except during periods of                   ‘‘resting price’’). Specifically, pursuant            ranked and eligible for execution in an
     quote instability, as defined in IEX Rule                 to Rule 11.350(b)(1)(A)(i), Auction                   auction at the order’s limit price.
     11.190(g). When exercising price                          Eligible Orders are ranked and eligible
     discretion, Discretionary Peg orders are                                                                        IEX Order Collar and Router Constraint
                                                               for execution in IEX Auctions in price-
     ranked behind any non-displayed                           display-time priority as follows:                        Rule 11.190(f)(1) sets forth the
     interest at the Opening Match Price for                      • Midpoint peg orders are ranked and               operation of the IEX Order Collar, which
     the duration of the Opening Process. If                   eligible for execution in the Closing                 prevents any incoming order, or order
     multiple Discretionary Peg orders are                     Auction at the less aggressive of the                 resting on the Order Book including
     exercising price discretion during the                    Midpoint Price or the order’s limit                   those marked ISO, from executing at
     Opening Process, they maintain their                      price, if any.                                        prices outside of the Order Collar price
     relative time priority at the Opening                        • Primary peg orders are ranked and                range. Similarly, Rule 11.190(f)(2) sets
     Match Price.                                              eligible for execution in the Closing                 forth the operation of the IEX Router
        • Limit orders on the Cross Book are                   Auction at the less aggressive of one (1)             Constraint, which prevents an order
     ranked and eligible for execution in the                  MPV below (above) the NBB (NBO) for                   from routing at prices more aggressive
     Opening Process at their limit price.                     buy (sell) orders or the order’s limit                than the Router Constraint price range.
        • Non-displayed limit orders and                       price, if any, but may exercise price                 The Order Collar and Router Constraint
     non-displayed portions of reserve orders                  discretion up (down) to the auction                   price ranges are calculated by applying
     on the Continuous Book are ranked and                     match price, subject to the less                      the numerical guidelines for clearly
     eligible for execution in the Opening                     aggressive of the NBB (NBO) or the                    erroneous executions to the Order Collar
     Process at the less aggressive of the                     order’s limit price, if any, except during            Reference Price and Router Constraint
     Midpoint Price or the order’s limit                       periods of quote instability, as defined              Reference Price, respectively.15 The
     price.                                                    in IEX Rule 11.190(g). When exercising                Order Collar Reference Price and Router
        • Displayed limit orders on the                        price discretion, primary peg orders are              Constraint Reference Price are each
     Continuous Book are ranked and                            ranked behind any non-displayed                       defined as the most current of the
     eligible for execution in the Opening                     interest at the auction match price for               following:
     Process at their resting price.                           the duration of the Closing Auction. If                 • The last sale price disseminated
     IEX Auctions for IEX-Listed Securities                    multiple primary peg orders are                       during the Regular Market Session on
                                                               exercising price discretion during the                the current trade date;
        Pursuant to Rule 11.350, once IEX                      Closing Auction, they maintain their                    • Last trade price disseminated
     begins a listing program, IEX Auctions                    relative time priority at the auction                 outside of the Regular Market Session
     will enable Members to participate in                     match price.                                          (Form T, as communicated by the
     electronic price discovery mechanisms                        • Discretionary Peg orders are ranked              relevant SIP) on trade date which other
     that match all eligible orders resting on                 and eligible for execution in the Closing             than for the Form T designation would
     the Order Book that are eligible for                      Auction at the less aggressive of the                 have been considered a valid last sale
     continuous trading (i.e., orders on the                   NBB (NBO) for buy (sell) orders or the                price; or
     ‘‘Continuous Book’’), as well as all                      order’s limit price, if any, but may                    • If neither of the prices above are
     eligible orders queued for execution in                   exercise price discretion up (down) to                available, the prior days Official Closing
     the applicable auction (i.e., orders on                   the auction match price, subject to the               Price from the listing exchange, adjusted
     the ‘‘Auction Book’’) in each IEX-listed                  less aggressive of the Midpoint Price or
     security at a single price using a double                 the order’s limit price, if any, except                 15 The upper (lower) Order Collar price range and

     auction process. Members who wish to                      during periods of quote instability, as               the upper (lower) Router Constraint Price range are
     participate in an IEX Auction can send                                                                          calculated by adding (subtracting) the appropriate
                                                                                                                     percentage (consistent with the numerical
     Auction Eligible Orders (i.e., orders on                    13 SeeRule 11.350(a)(3).                            guidelines for clearly erroneous executions) to the
                                                                 14 SeeRule 11.280(e)(1)(A) and Supplementary        Order Collar Reference Price and the Router
       12 See   IEX Rule 11.231(b)(1).                         Material .01(c) to Rule 14.207.                       Constraint Reference Price, respectively.



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                                Federal Register / Vol. 82, No. 185 / Tuesday, September 26, 2017 / Notices                                                 44863

     to account for corporate actions, news                   could rest at a less aggressive price than             respectively. In the event of a trading
     events, etc.                                             its user-defined limit price, and a                    halt, the market is in the process of
       In the event there is no valid Order                   collared or constrained market order                   reestablishing the value of a security,
     Collar Reference Price or Router                         would, by definition, have a limit                     and therefore calculating the Order
     Constraint Reference Price, the                          applied by the System (which is                        Collar price range and Router Constraint
     Exchange generally rejects orders for the                inconsistent with the user-instructed                  price range using a last sale reference
     security.16                                              terms if the order), and could cede                    price that may not reflect adjustments in
                                                              priority. For example, if the Order                    valuation resulting from additional
     Proposed Clarifications
                                                              Collar were to apply, a market order to                information regarding the security
        During development and testing of the                 buy (sell) entered for the Opening                     during the halt could result in auction
     functionality for the Opening Process                    Process or for an IEX Auction would                    pricing that is not reflective of the
     and IEX Auctions, the Exchange                           effectively be converted into a limit                  current value of the security. Similarly,
     identified a minor ambiguity between                     order with a limit price equal to the                  in the event of a trading pause, the
     the Order Collar and Router Constraint                   upper (lower) Order Collar price range.                security has just experienced sharp
     rule provisions, and the rule provisions                 Moreover, a limit order to buy (sell)                  price volatility and the market is in the
     governing the priority of ranking and                    with a limit price more aggressive than                process of reestablishing the value of a
     execution for orders eligible for                        the upper (lower) Order Collar price                   security, and therefore calculating the
     execution in the Opening Process or IEX                  range would be entered onto the Cross                  Order Collar price range and the Router
     Auctions. Specifically, as described                     Book or the Auction Book with a limit                  Constraint price range using a reference
     above, the priority of ranking and                       price equal to the upper (lower) Order                 price that may not reflect adjustments in
     execution rule provisions for the                        Collar price range, which is a less                    valuation during the pause could
     Opening Process and for IEX Auctions                     aggressive price than the orders’ user-                potentially result in auction pricing that
     contemplate that the IEX Order Collar                    defined limit price. Similarly, if the                 is not reflective of the current value of
     would not apply to orders eligible for                   Router Constraint were to apply to                     the security. Accordingly, the Exchange
     the Cross Book or the Auction Book, and                  routable orders that are eligible for the              is proposing to also clarify that in the
     that the Router Constraint functionality                 Cross Book or the Opening Auction                      event a security is subject to a trading
     would not apply to orders eligible for                   Book, a routable limit order to buy (sell)             halt or trading pause, the Router
     the Cross Book or the Opening Auction                    with a limit price more aggressive than                Constraint Reference Price is invalid.
     Book.17 As set forth above, the rules                    the upper (lower) Router Constraint                    Pursuant to Rule 11.190(f)(2)(B), in the
     governing priority of ranking and                        price range would be entered onto the                  absence of a valid Router Constraint
     execution for the Opening Process and                    Cross Book or the Opening Auction                      Reference Price, the Exchange will reject
     IEX Auctions specify in relevant part                    Book, respectively, with a limit price                 any routable orders for the security.
     that orders queued on the Cross Book or                  equal to the upper (lower) Router                         In sum, consistent with the foregoing,
     the Auction Book rest at the order’s                     Constraint price range, which is a less                the Exchange is proposing to:
     limit price defined by the User (if any),                aggressive price than the user-defined                    • Clarify in Rule 11.190(f)(1) that the
     and that market orders have precedence                   limit price on such orders. Lastly, in                 Order Collar does not apply to orders
     over limit orders. Accordingly, and as                   addition to the inconsistencies that arise             that are eligible for the Cross Book
     discussed more fully below, application                  from applying the Router Constraint as                 pursuant to Rule 11.231 during the
     of the Order Collar or Router Constraint                 described above, its application to a buy              Opening Process for non-IEX-listed
     to such orders would be inconsistent                     (sell) order entered onto the Opening                  securities or the Auction Book pursuant
     with the provisions governing their                      Auction Book early in the Pre-Market                   to Rule 11.350(a)(1) during the auction
     priority of ranking and execution.                       Session based on the price of the current              process for IEX-listed securities;
        The Exchange believes that the                        last trade could unnecessarily constrain                  • Clarify in Rule 11.190(f)(2) that the
     application of the Order Collar to orders                the order from participating in the                    Router Constraint does not apply to
     eligible for the Cross Book or the                       auction and impact the price discovery                 orders that are eligible for the Cross
     Auction Book, or the Router Constraint                   process if the market for the security has             Book pursuant to Rule 11.231 during the
     to orders eligible for the Cross Book or                 moved up (down) by the time of the                     Opening Process for non-IEX-listed
     the Opening Auction Book, would be                       Opening Auction.                                       securities or the Auction Book pursuant
     inconsistent with the existing                              In addition to the foregoing, the                   to Rule 11.350(a)(1)(A)(ii) during the
     provisions governing their priority of                   Exchange believes that applying the                    auction process for IEX-listed securities;
     ranking and execution, because a                         Order Collar or Router Constraint to                   and
     collared or constrained limit order                      orders entered for a Halt or Volatility                   • Clarify in Rule 11.190(f)(2)(A) that
                                                              Auction could disrupt the price                        the Router Constraint Reference Price
       16 See Rules 11.190(f)(1)–(2).                         discovery process, and would be                        during a trading halt or pause is invalid.
       17 The Exchange notes that the Router Constraint       inconsistent with the protection of                       Lastly, as recently announced by IEX
     does not apply to orders on the Closing Auction          investors and the public interest.18                   Trading Alert #2017–027, on August 23,
     Book, because such orders are comprised of On-           Applying the Order Collar or Router
     Close orders (i.e., Limit-On-Close and Market-On-                                                               2017 the Exchange began a multi-phase
     Close orders), which are only accepted if they are
                                                              Constraint to orders entered for a Halt                deployment of the Opening Process for
     appropriately designated as ‘‘IEX-only’’. See the IEX    Auction or Volatility Auction would                    non-IEX-listed securities.19 The
     Auction Specification at 15, which describes valid       require using the price of the last trade              production deployment is scheduled to
     FIX tag combinations for On-Close orders. See also       immediately before the halt or pause as                be completed on August 30, 2017.
     Rules 11.350(a)(20) and (24). Similarly, the Router      the Order Collar Reference Price and
     Constraint does not apply to market orders with a                                                               Moreover, as announced by IEX Trading
     time-in-force of DAY that are entered during the         Router Constraint Reference Price,                     Alert #2017–015, the Exchange intends
     Pre-Market Session and are eligible for the Opening                                                             to become a primary listing exchange
     Auction Book, because such orders are rejected if          18 The Exchange notes that securities that are the

     they are designated to route pursuant to Rule            subject of an IPO Auction pursuant to Rule
                                                                                                                     and support its first IEX-listed security
     11.230(c). See Rule 11.190(a)(2)(E)(iii). Accordingly,   11.350(e) will be subject to a trading halt pursuant
     the proposed rule change is narrowly tailored to         to Rule 11.280(g)(7), and would therefore not have       19 See IEX Trading Alert #2017–027 (Deployment

     cover limit orders eligible for the Opening Auction      a valid Router Constraint Reference Price pursuant     Schedule for New Opening Process for Non-IEX-
     Book.                                                    Rule 11.190(f)(2)(A).                                  Listed Securities), August 3, 2017.



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     44864                     Federal Register / Vol. 82, No. 185 / Tuesday, September 26, 2017 / Notices

     in October of 2017.20 In addition, as part              descriptive of the System’s functionality              the proposed rule change does not: (i)
     of the listings initiative, the Exchange is             as approved by the Commission, and to                  Significantly affect the protection of
     providing a series of industry wide                     avoid any potential confusion among                    investors or the public interest; (ii)
     weekend tests for the Exchange and its                  Members and market participants                        impose any significant burden on
     Members to exercise the various                         regarding such functionality. Lastly, the              competition; and (iii) become operative
     technology changes required to support                  Exchange believes that it is consistent                for 30 days from the date on which it
     IEX Auctions and listings                               with the Act to provide that the Router                was filed, or such shorter time as the
     functionality.21 Accordingly, in order to               Constraint Reference Price is invalid in               Commission may designate, it has
     provide clarity to Members and other                    the event a security is subject to a                   become effective pursuant to Section
     market participants regarding the                       trading halt or trading pause, and thus                19(b)(3)(A) of the Act and Rule 19b–
     Opening Process and IEX Auctions, and                   routable orders in such security will be               4(f)(6) thereunder.
     specifically to avoid potential confusion               rejected, to further clarify the                          A proposed rule change filed under
     regarding the inapplicability of the IEX                inapplicability of the Router Constraint               Rule 19b–4(f)(6) 26 normally does not
     Order Collar and Router Constraint to                   to such orders. As discussed in the                    become operative prior to 30 days after
     their operation, the Exchange is                        Purpose section, when a security is                    the date of the filing. However, pursuant
     proposing to make the clarifying                        subject to a trading halt or trading                   to Rule 19b–4(f)(6)(iii),27 the
     changes to Rule 11.190(f)(1) and (2)                    pause, the Router Constraint Reference                 Commission may designate a shorter
     described above.                                        Price may not reflect adjustments in                   time if such action is consistent with the
                                                             valuation and therefore could result in                protection of investors and the public
     2. Statutory Basis                                                                                             interest. The Exchange has filed the
                                                             auction pricing that is not reflective of
        IEX believes that the proposed rule                  the current value of the security.                     proposed rule change for immediate
     change is consistent with the provisions                                                                       effectiveness and has requested that the
     of Section 6(b) 22 of the Act in general,               B. Self-Regulatory Organization’s                      Commission waive the requirement that
     and furthers the objectives of Section                  Statement on Burden on Competition                     the proposed rule change not become
     6(b)(5) of the Act 23 in particular, in that               IEX does not believe that the                       operative for 30 days after the date of
     it is designed to prevent fraudulent and                proposed rule change will result in any                the filing, so that it may become
     manipulative acts and practices, to                     burden on competition that is not                      operative on the date the filing was
     promote just and equitable principles of                necessary or appropriate in furtherance                received.
     trade, to remove impediments to and                     of the purposes of the Act. The                           The purpose of the proposed rule
     perfect the mechanism of a free and                     Exchange believes that the proposed                    change is to state clearly in IEX Rule
     open market and a national market                       correction does not impact competition                 11.190 the inapplicability of the IEX
     system, and, in general, to protect                     in any respect since it is designed to                 Order Collar and Router Constraint to
     investors and the public interest.                      clarify the inapplicability of the IEX                 orders eligible for execution in the
        The Exchange believes that the                       Order Collar and Router Constraint to                  Opening Process for non-IEX-listed
     proposed rule clarifications do not alter               orders eligible for execution in the                   securities and in IEX Auctions for IEX-
     the substantive functionality of the                    Opening Process for non-IEX-listed                     listed securities. Additionally, the
     Opening Process or IEX Auctions, but                    securities and in IEX Auctions for IEX-                proposed rule change clearly states in
     instead clarify the applicability of the                listed securities, without substantively               IEX Rule 11.190 that the IEX Router
     IEX Order Collar and Router Constraint                  changing the Rules as separately                       Constraint is inapplicable when a
     so as to be consistent with the existing                approved. In addition, the Exchange                    security is subject to a trading halt or
     rules approved by the Commission. The                   does not believe that clarifying that the              trading pause and such orders will be
     Exchange further believes that the                      Router Constraint Reference Price is                   rejected. These clarifications resolve
     proposed clarifying rule change is                      invalid in the event a security is subject             potential ambiguity and ensure
     consistent with the protection of                       to a trading halt or trading pause will                consistency between IEX Rule 11.190
     investors and the public interest                       impose any burden on competition,                      and the opening auction rules
     because the proposed clarifications are                 since this proposed change is designed                 previously approved by the
     designed to avoid any potential                         to further clarify the inapplicability of              Commission. Further, the proposed rule
     confusion regarding the Opening                         the Router Constraint to such orders.                  change does not raise any novel issues.
     Process and IEX Auction functionality                   The proposed changes will apply                        The waiver of the operative delay is,
     as IEX completes the production                         equally to all Members and therefore no                therefore, consistent with the protection
     deployment of the Opening Process for                   new burdens are being proposed.                        of investors and the public interest
     non-IEX-listed securities, and begins                                                                          because it will help to avoid potential
     industry wide testing to exercise the                   C. Self-Regulatory Organization’s                      confusion among market participants
     technology changes being made by the                    Statement on Comments on the                           regarding the inapplicability of the IEX
     Exchange and its Members, and make                      Proposed Rule Change Received From                     Order Collar and Router Constraint to
     the Exchanges rules more clear and                      Members, Participants, or Others                       orders eligible for the Cross Book for
     complete. Additionally, the Exchange                      Written comments were neither                        non-IEX-listed securities and the
     believes it is consistent with the Act to               solicited nor received.                                Auction Book for IEX-listed securities.
     clarify the rule provisions regarding the                                                                      Therefore, the Commission hereby
     Opening Process and IEX Auctions so                     III. Date of Effectiveness of the                      waives the 30-day operative delay and
     that IEX’s rules are accurate and                       Proposed Rule Change and Timing for                    designates the proposed rule change to
                                                             Commission Action                                      be operative upon filing.28
       20 See IEX Trading Alert #2017–015 (Listings
                                                                The Exchange has designated this rule
     Specifications, Testing Opportunities, and              filing as non-controversial under                        26 17  CFR 240.19b–4(f)(6).
     Timelines), May 31, 2017.                                                                                        27 17  CFR 240.19b–4(f)(6)(iii).
       21 See IEX Trading Alert #2017–028 (First Listings
                                                             Section 19(b)(3)(A) 24 of the Act and
                                                                                                                       28 For purposes only of waiving the operative
     Functionality Industry Test on Saturday, August         Rule 19b–4(f)(6) 25 thereunder. Because                delay for this proposal, the Commission has
     26), August 17, 2017.                                                                                          considered the proposed rule’s impact on
       22 15 U.S.C. 78f.                                       24 15   U.S.C. 78s(b)(3)(A).                         efficiency, competition, and capital formation. See
       23 15 U.S.C. 78f(b)(5).                                 25 17   CFR 240.19b–4(f)(6).                         15 U.S.C. 78c(f).



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                                      Federal Register / Vol. 82, No. 185 / Tuesday, September 26, 2017 / Notices                                             44865

        At any time within 60 days of the                       site at www.iextrading.com. All                          Dated: September 21, 2017.
     filing of the proposed rule change, the                    comments received will be posted                       Brent J. Fields,
     Commission summarily may                                   without change; the Commission does                    Secretary.
     temporarily suspend such rule change if                    not edit personal identifying                          [FR Doc. 2017–20633 Filed 9–22–17; 11:15 am]
     it appears to the Commission that such                     information from submissions. You                      BILLING CODE 8011–01–P
     action is necessary or appropriate in the                  should submit only information that
     public interest, for the protection of                     you wish to make available publicly. All
     investors, or otherwise in furtherance of                  submissions should refer to File                       SMALL BUSINESS ADMINISTRATION
     the purposes of the Act. If the                            Number SR–IEX–2017–31 and should
     Commission takes such action, the                          be submitted on or before October 17,                  Information Collection Activities:
     Commission shall institute proceedings                     2017.                                                  Proposed Collection; Comment
     under Section 19(b)(2)(B) 29 of the Act to                   For the Commission, by the Division of               Request; Fast Track Generic Clearance
     determine whether the proposed rule                        Trading and Markets, pursuant to delegated             for the Collection of Qualitative
     change should be approved or                               authority.30                                           Feedback on Agency Service Delivery
     disapproved.                                               Eduardo A. Aleman,
                                                                                                                       AGENCY:Small Business Administration.
     IV. Solicitation of Comments                               Assistant Secretary.
                                                                                                                             60-Day notice and request for
                                                                                                                       ACTION:
       Interested persons are invited to                        [FR Doc. 2017–20500 Filed 9–25–17; 8:45 am]
                                                                                                                       comments.
     submit written data, views and                             BILLING CODE 8011–01–P
     arguments concerning the foregoing,                                                                               SUMMARY:   As part of its continuing effort
     including whether the proposed rule                                                                               to reduce paperwork burden on the
     change is consistent with the Act.                         SECURITIES AND EXCHANGE                                public the Small Business
     Comments may be submitted by any of                        COMMISSION                                             Administration (SBA), announces its
     the following methods:                                                                                            intent to submit a new generic
                                                                Sunshine Act Meeting
                                                                                                                       collection of information: ‘‘Fast Track
     Electronic Comments                                                                                               Generic Clearance for the Collection of
                                                                   Notice is hereby given, pursuant to
        • Use the Commission’s Internet                         the provisions of the Government in the                Qualitative Feedback on Agency Service
     comment form                                               Sunshine Act, Public Law 94–409, that                  Delivery’’ to the Office of Management
        (http://www.sec.gov/rules/sro.shtml);                   the Securities and Exchange                            and Budget for approval. The Paperwork
     or                                                         Commission will hold a closed meeting                  Reduction Act (PRA) requires federal
        • Send an email to rule-comments@                       on Thursday, September 28, 2017 at 2                   agencies to publish a notice in the
     sec.gov. Please include File Number SR–                    p.m.                                                   Federal Register concerning each
     IEX–2017–31 on the subject line.                              Commissioners, Counsel to the                       proposed collection of information
     Paper Comments                                             Commissioners, the Secretary to the                    before submission to OMB and to allow
                                                                Commission, and recording secretaries                  60 days for public comment in response
       • Send paper comments in triplicate
                                                                will attend the closed meeting. Certain                to the notice. This notice complies with
     to Secretary, Securities and Exchange
                                                                staff members who have an interest in                  that requirement.
     Commission, 100 F Street NE.,
                                                                the matters also may be present.                       DATES: Submit comments on or before
     Washington, DC 20549–1090.
                                                                   The General Counsel of the                          November 27, 2017.
     All submissions should refer to File                       Commission, or his designee, has
     Number SR–IEX–2017–31. This file                                                                                  ADDRESSES: Send all comments to Small
                                                                certified that, in his opinion, one or                 Business Administration, 409 3rd Street,
     number should be included in the                           more of the exemptions set forth in 5
     subject line if email is used. To help the                                                                        7th Floor, Washington, DC 20416. (202)
                                                                U.S.C. 552b(c)(3), (5), (7), 9(B) and (10)             205–6981.
     Commission process and review your                         and 17 CFR 200.402(a)(3), (a)(5), (a)(7),
     comments more efficiently, please use                                                                             FOR FURTHER INFORMATION CONTACT:
                                                                (a)(9)(ii) and (a)(10), permit
     only one method. The Commission will                                                                              Amber Chaudhry, Presidential
                                                                consideration of the scheduled matters
     post all comments on the Commission’s                                                                             Management Fellow, Office of the Chief
                                                                at the closed meeting.
     Internet Web site (http://www.sec.gov/                        Commissioner Stein, as duty officer,                Operating Office, amber.chaudhry@
     rules/sro.shtml). Copies of the                            voted to consider the items listed for the             sba.gov, 202–657–9722, or Curtis B.
     submission, all subsequent                                 closed meeting in closed session.                      Rich, Management Analyst, 202–205–
     amendments, all written statements                            The subject matters of the closed                   7030, curtis.rich@sba.gov.
     with respect to the proposed rule                          meeting will be:                                       SUPPLEMENTARY INFORMATION:
     change that are filed with the                                Institution and settlement of                         Title: Fast Track Generic Clearance for
     Commission, and all written                                injunctive actions;                                    the Collection of Qualitative Feedback
     communications relating to the                                Institution and settlement of                       on Agency Service Delivery.
     proposed rule change between the                           administrative proceedings;                              OMB Control Number: TBD (New
     Commission and any person, other than                         Adjudicatory matters; and                           Collection).
     those that may be withheld from the                           Other matters relating to enforcement                 Needs and Uses: The proposed
     public in accordance with the                              proceedings.                                           information collection will provide a
     provisions of 5 U.S.C. 552, will be                           At times, changes in Commission                     means to gather qualitative customer
     available for Web site viewing and                         priorities require alterations in the                  and stakeholder feedback in an efficient,
     printing in the Commission’s Public                        scheduling of meeting items.                           timely manner, in accordance with
     Reference Section, 100 F Street NE.,                          For further information and to                      SBA’s commitment to improving service
     Washington, DC 20549–1090. Copies of                       ascertain what, if any, matters have been              delivery. Qualitative feedback means
     the filing will also be available for                      added, deleted or postponed; please                    information that provides useful
     inspection and copying at the IEX’s                        contact Brent J. Fields from the Office of             insights on perceptions and opinions,
     principal office and on its Internet Web                   the Secretary at (202) 551–5400.                       but is not statistical surveys that yield
                                                                                                                       quantitative results that can be
       29 15   U.S.C. 78s(b)(2)(B).                               30 17   CFR 200.30–3(a)(12).                         generalized to the population being


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Document Created: 2017-09-26 02:48:59
Document Modified: 2017-09-26 02:48:59
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 44861 

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