82_FR_46742 82 FR 46550 - Self-Regulatory Organizations; Nasdaq MRX, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Rule 716(c) on the Block Order Mechanism

82 FR 46550 - Self-Regulatory Organizations; Nasdaq MRX, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Rule 716(c) on the Block Order Mechanism

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 192 (October 5, 2017)

Page Range46550-46552
FR Document2017-21402

Federal Register, Volume 82 Issue 192 (Thursday, October 5, 2017)
[Federal Register Volume 82, Number 192 (Thursday, October 5, 2017)]
[Notices]
[Pages 46550-46552]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21402]


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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81765; File No. SR-MRX-2017-19]


 Self-Regulatory Organizations; Nasdaq MRX, LLC; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Amend Rule 
716(c) on the Block Order Mechanism

September 29, 2017.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on August 18, 2017, Nasdaq MRX, LLC (``MRX'' or ``Exchange'') filed 
with the Securities and Exchange Commission (``Commission'') the 
proposed rule change as described in Items I and II, below, which Items 
have been prepared by the Exchange. The Commission is publishing this 
notice to solicit comments on the proposed rule change from interested 
persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes to amend Rule 716(c) to more accurately 
describe the allocation methodology used in the Block Order Mechanism, 
and add language regarding how the block execution price is determined.
    The text of the proposed rule change is available on the Exchange's 
Web site at www.ise.com, at the principal office of the Exchange, and 
at the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements 
concerning the purpose of and basis for the proposed rule change and 
discussed any comments it received on the proposed rule change. The 
text of these statements may be examined at the places specified in 
Item IV below. The Exchange has prepared summaries, set forth in 
sections A, B, and C below, of the most significant aspects of such 
statements.

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

1. Purpose
    The Block Order Mechanism is a process by which a member can obtain 
liquidity for the execution of block-sized orders,\3\ defined as orders 
for fifty contracts or more.\4\ When an order is entered in the Block 
Order Mechanism, that order is exposed to members who are given an 
opportunity to respond with the prices and sizes at which they would be 
willing to trade with the block-sized order.\5\ The exposure period is 
designated by the Exchange via circular, but must be no less than 100 
milliseconds and no more than 1 second.\6\ At the conclusion of the 
exposure period, either an execution will occur at a single block 
execution price,\7\ or the order will be cancelled.\8\ The purpose of 
the proposed rule change is to amend Rule 716(c) to more accurately 
describe the allocation methodology used in the Block Order Mechanism, 
and add language regarding how the block execution price is determined. 
The Exchange believes that these changes will increase transparency 
around the operation of the Block Order Mechanism to the benefit of 
members and market participants.
---------------------------------------------------------------------------

    \3\ See Rule 716(c).
    \4\ See Rule 716(a).
    \5\ A ``Response'' is an electronic message that is sent by 
members in response to a broadcast message. See Rule 716(b).
    \6\ See Supplementary Material .04 to Rule 716.
    \7\ Responses and orders and quotes on the order book at the 
time the block order is executed that are priced better than the 
block execution price are executed at the block execution price. See 
Rule 716(c)(2)(i).
    \8\ See Rule 716(c)(2).
---------------------------------------------------------------------------

    Currently, Rule 716(c)(2)(ii) provides that Responses, quotes, and 
Professional Orders \9\ at the block execution price will participate 
in the execution of the block-size order according to Rule 713(e)--
i.e., the Exchange's regular allocation rule. As implemented today, 
however, interest that is executed in the Block Order Mechanism follows 
the customer priority pro-rata allocation methodology designed for the 
Exchange's auction mechanisms, including, for example, the Facilitation 
Mechanism,\10\ Solicited Order Mechanism,\11\ and Price Improvement 
Mechanism,\12\ with the exception that those two-sided auction 
mechanisms also allocate contracts against the contra order. This 
auction allocation methodology is similar to the Exchange's regular 
allocation methodology but does not provide enhanced allocations to the 
Primary Market Maker (``PMM'') pursuant to Rule 713(e) and 
Supplementary Material .01(b) to Rule 713.\13\ The Exchange therefore 
proposes to amend Rule 716(c)(2)(ii) to provide that, at the block 
execution price, Priority Customer Orders and Priority Customer 
Responses will be executed first in time priority, and then quotes, 
Professional Orders, and Professional Responses will participate in the 
execution of the block-size order based upon the percentage of the 
total number of contracts available at the block execution price that 
is represented by the size of the quote, Professional Order, or 
Professional Response. In addition, the Exchange proposes to specify in 
Rule 716(c)(2)(i) that interest that is priced better than the block 
execution price is executed in full. In particular, the Exchange 
proposes to amend this rule to state that bids (offers) on the Exchange 
at the time the block order is executed that are priced higher (lower) 
than the block execution price, as well as Responses that are priced 
higher (lower) than the block execution price, will be executed in full 
at the block execution price. Although Rule 716(c)(2)(ii) described 
above explains how allocations are handled at the block execution 
price, the Exchange believes that additional the additional clarity 
that interest that is priced better than the block execution

[[Page 46551]]

price is executed in full would be helpful to members. With these two 
proposed changes, Rule 716(c) will more accurately describe the 
allocation methodology used in the Block Order Mechanism.
---------------------------------------------------------------------------

    \9\ The term ``Professional Order'' means an order that is for 
the account of a person or entity that is not a Priority Customer. 
See Rule 100(a)(37C).
    \10\ See Rule 716(d).
    \11\ See Rule 716(e).
    \12\ See Rule 723.
    \13\ Supplementary Material .01(b) to Rule 713 provides that, if 
the PMM is quoting at the best price, it has participation rights 
equal to the greater of the proportion of the total size at the best 
price represented by the size of its quote, or a percentage 
allocation entitlement based on the number of other Professional 
Orders and market maker quotations at the best price.
---------------------------------------------------------------------------

    Furthermore, the Exchange proposes add language to Rule 
716(c)(2)(i) that explains the price at which orders entered into the 
Block Order Mechanism are executed. In particular, the Exchange 
proposes to state that Responses, orders, and quotes will be executed 
at a single block execution price that is the price for the block-size 
order at which the maximum number of contracts can be executed 
consistent with the member's instruction. For example, if a member 
enters a block-sized order to buy 100 contracts at $1.00 into the Block 
Order Mechanism, and members enter Response A to sell 50 contracts at 
$0.90 and Response B to sell 40 contracts at $0.95, the block execution 
price would be $0.95 as this is the price at which the maximum number 
of contracts could be executed. The block-sized order and both 
Responses would then be executed at this single block execution price. 
Responses A and B would be executed in full since there is sufficient 
size to execute both Responses against the block-size order. In 
addition, if two other members also enter Responses C (Priority 
Customer) and D (non-Priority Customer) to sell at $0.98 for 10 
contracts each, the block execution price would be $0.98 as additional 
contracts could be executed at that price. In that instance, Responses 
A and B, which are priced better than the block execution price, would 
be executed in full, while Responses B and C, which are priced at the 
block execution price, would participate in accordance with the 
allocation methodology described in this proposed rule change--i.e., 
the remaining 10 contracts would go to Response C, which is a Priority 
Customer Response. The Block Order Mechanism is designed to provide an 
opportunity for members to receive liquidity for their block-sized 
orders and therefore trades at a price that allows the maximum number 
of contracts of such order to be executed against Responses entered to 
trade against the block-size order and interest on the Exchange's order 
book. The Exchange believes that describing how the block execution 
price is determined in Rule 716(c)(2)(i) will increase transparency 
around pricing of executions in the Block Order Mechanism.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with the requirements of the Act and the rules and regulations 
thereunder that are applicable to a national securities exchange, and, 
in particular, with the requirements of Section 6(b) of the Act.\14\ In 
particular, the proposal is consistent with Section 6(b)(5) of the 
Act,\15\ because is designed to promote just and equitable principles 
of trade, remove impediments to and perfect the mechanisms of a free 
and open market and a national market system and, in general, to 
protect investors and the public interest.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78f(b).
    \15\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed changes to the allocation 
language in Rule 716(c)(2)(i)-(ii) are consistent with the protection 
of investors and the public interest as the proposed allocation 
language more accurately reflects the Exchange's process for allocating 
contracts executed in the Block Order Mechanism. Although the 
Exchange's allocation rule for the Block Order Mechanism currently 
references the allocation process for regular trading, the allocation 
methodology does not include certain parts of the regular allocation 
procedure. In particular, the Exchange does not grant any special 
allocation to the PMM for interest executed in the Block Order 
Mechanism. The Exchange believes that it is appropriate to not provide 
an enhanced allocation entitlement to the PMM for interest executed in 
the Block Order Mechanism, as the Block Order Mechanism provides an 
auction process that does not rely on market maker quoting and other 
obligations to source liquidity. Furthermore, the Exchange believes 
that it is helpful to explain in this rule that interest that is priced 
better than the block execution price would be executed in full. The 
allocation process used for the Block Order Mechanism is similar to how 
the Exchange allocates contracts in other auction mechanisms, 
including, for example, the Facilitation Mechanism, Solicited Order 
Mechanism, and Price Improvement Mechanism, with the exception that 
those two-sided auction mechanisms also allocate contracts against the 
contra order.\16\
---------------------------------------------------------------------------

    \16\ See supra notes 10-12 and accompanying text.
---------------------------------------------------------------------------

    The Exchange also believes that the proposed changes to describe 
how the block execution price is determined is consistent with the 
protection of investors and the public interest as this change will 
increase transparency around the price at which interest is executed in 
the Block Order Mechanism. As explained above, the Block Order 
Mechanism is designed to provide an opportunity for members to receive 
liquidity for their block-sized orders and therefore trades at a price 
that allows the maximum number of contracts of such order to be 
executed against Responses entered to trade against the block-size 
order and interest on the Exchange's order book. The Exchange believes 
that describing how the block execution price is determined in Rule 
716(c)(2)(i) will increase transparency around pricing of executions in 
the Block Order Mechanism.

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

    In accordance with Section 6(b)(8) of the Act,\17\ the Exchange 
does not believe that the proposed rule change will impose any burden 
on intermarket or intramarket competition that is not necessary or 
appropriate in furtherance of the purposes of the Act. The proposed 
rule change is designed to correct the Exchange's rules to more 
accurately reflect the handling of auctions in the Block Order 
Mechanism. No changes are proposed to the operation of the Exchange's 
trading system, and no members will be impacted by the proposed rule, 
which merely reflects current functionality offered to members that 
trade in the Block Order Mechanism. The proposed rule change is 
therefore not designed to impose any significant burden on competition.
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

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

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not: (i) 
Significantly affect the protection of investors or the public 
interest; (ii) impose any significant burden on competition; and (iii) 
become operative for 30 days from the date on which it was filed, or 
such shorter time as the Commission may designate, it has become 
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \18\ and

[[Page 46552]]

subparagraph (f)(6) of Rule 19b-4 thereunder.\19\
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \19\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6) 
requires a self-regulatory organization to give the Commission 
written notice of its intent to file the proposed rule change at 
least five business days prior to the date of filing of the proposed 
rule change, or such shorter time as designated by the Commission. 
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \20\ normally 
does not become operative prior to 30 days after the date of the 
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\21\ the Commission 
may designate a shorter time if such action is consistent with the 
protection of investors and the public interest. The Exchange requests 
that the Commission waive the 30-day operative delay. The Exchange 
notes that a waiver is consistent with the protection of investors and 
the public interest because it will allow the Exchange to correct its 
Block Order Mechanism rules to reflect the current functionality of the 
system without undue delay. The Commission believes that waiving the 
30-day operative delay is consistent with the protection of investors 
and the public interest. Accordingly, the Commission hereby waives the 
30-day operative delay and designates the proposed rule change 
operative upon filing.\22\
---------------------------------------------------------------------------

    \20\ 17 CFR 240.19b-4(f)(6).
    \21\ 17 CFR 240.19b-4(f)(6)(iii).
    \22\ For purposes only of waiving the 30-day operative delay, 
the Commission has considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

    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: (i) 
Necessary or appropriate in the public interest; (ii) for the 
protection of investors; or (iii) otherwise in furtherance of the 
purposes of the Act. If the Commission takes such action, the 
Commission shall institute proceedings to determine whether the 
proposed rule should be approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-MRX-2017-19 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-MRX-2017-19. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549, on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-MRX-2017-19 and should be 
submitted on or before October 26, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\23\
---------------------------------------------------------------------------

    \23\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-21402 Filed 10-4-17; 8:45 am]
BILLING CODE 8011-01-P



                                               46550                          Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Notices

                                               printing in the Commission’s Public                     of the Exchange, and at the                            Orders 9 at the block execution price
                                               Reference Room, 100 F Street NE.,                       Commission’s Public Reference Room.                    will participate in the execution of the
                                               Washington, DC 20549 on official                                                                               block-size order according to Rule
                                                                                                       II. Self-Regulatory Organization’s
                                               business days between the hours of                                                                             713(e)—i.e., the Exchange’s regular
                                                                                                       Statement of the Purpose of, and
                                               10:00 a.m. and 3:00 p.m. Copies of the                                                                         allocation rule. As implemented today,
                                                                                                       Statutory Basis for, the Proposed Rule
                                               filing also will be available for                                                                              however, interest that is executed in the
                                                                                                       Change
                                               inspection and copying at the principal                                                                        Block Order Mechanism follows the
                                               office of the Exchange. All comments                       In its filing with the Commission, the              customer priority pro-rata allocation
                                               received will be posted without change;                 Exchange included statements                           methodology designed for the
                                               the Commission does not edit personal                   concerning the purpose of and basis for                Exchange’s auction mechanisms,
                                               identifying information from                            the proposed rule change and discussed                 including, for example, the Facilitation
                                               submissions. You should submit only                     any comments it received on the                        Mechanism,10 Solicited Order
                                               information that you wish to make                       proposed rule change. The text of these                Mechanism,11 and Price Improvement
                                               available publicly. All submissions                     statements may be examined at the                      Mechanism,12 with the exception that
                                               should refer to File Number SR–NYSE–                    places specified in Item IV below. The                 those two-sided auction mechanisms
                                               2017–49 and should be submitted on or                   Exchange has prepared summaries, set                   also allocate contracts against the contra
                                               before October 26, 2017.                                forth in sections A, B, and C below, of                order. This auction allocation
                                                 For the Commission, by the Division of                the most significant aspects of such                   methodology is similar to the
                                               Trading and Markets, pursuant to delegated              statements.                                            Exchange’s regular allocation
                                               authority.11                                            A. Self-Regulatory Organization’s                      methodology but does not provide
                                               Eduardo A. Aleman,                                      Statement of the Purpose of, and                       enhanced allocations to the Primary
                                               Assistant Secretary.                                    Statutory Basis for, the Proposed Rule                 Market Maker (‘‘PMM’’) pursuant to
                                               [FR Doc. 2017–21411 Filed 10–4–17; 8:45 am]             Change                                                 Rule 713(e) and Supplementary Material
                                               BILLING CODE 8011–01–P
                                                                                                                                                              .01(b) to Rule 713.13 The Exchange
                                                                                                       1. Purpose                                             therefore proposes to amend Rule
                                                                                                          The Block Order Mechanism is a                      716(c)(2)(ii) to provide that, at the block
                                               SECURITIES AND EXCHANGE                                 process by which a member can obtain                   execution price, Priority Customer
                                               COMMISSION                                              liquidity for the execution of block-                  Orders and Priority Customer Responses
                                                                                                       sized orders,3 defined as orders for fifty             will be executed first in time priority,
                                               [Release No. 34–81765; File No. SR–MRX–                                                                        and then quotes, Professional Orders,
                                               2017–19]                                                contracts or more.4 When an order is
                                                                                                       entered in the Block Order Mechanism,                  and Professional Responses will
                                               Self-Regulatory Organizations; Nasdaq                   that order is exposed to members who                   participate in the execution of the block-
                                               MRX, LLC; Notice of Filing and                          are given an opportunity to respond                    size order based upon the percentage of
                                                                                                       with the prices and sizes at which they                the total number of contracts available
                                               Immediate Effectiveness of Proposed
                                                                                                       would be willing to trade with the                     at the block execution price that is
                                               Rule Change To Amend Rule 716(c) on
                                                                                                       block-sized order.5 The exposure period                represented by the size of the quote,
                                               the Block Order Mechanism
                                                                                                       is designated by the Exchange via                      Professional Order, or Professional
                                               September 29, 2017.                                     circular, but must be no less than 100                 Response. In addition, the Exchange
                                                  Pursuant to Section 19(b)(1) of the                  milliseconds and no more than 1                        proposes to specify in Rule 716(c)(2)(i)
                                               Securities Exchange Act of 1934                         second.6 At the conclusion of the                      that interest that is priced better than
                                               (‘‘Act’’),1 and Rule 19b–4 thereunder,2                 exposure period, either an execution                   the block execution price is executed in
                                               notice is hereby given that on August                   will occur at a single block execution                 full. In particular, the Exchange
                                               18, 2017, Nasdaq MRX, LLC (‘‘MRX’’ or                   price,7 or the order will be cancelled.8               proposes to amend this rule to state that
                                               ‘‘Exchange’’) filed with the Securities                                                                        bids (offers) on the Exchange at the time
                                                                                                       The purpose of the proposed rule
                                               and Exchange Commission                                                                                        the block order is executed that are
                                                                                                       change is to amend Rule 716(c) to more
                                               (‘‘Commission’’) the proposed rule                                                                             priced higher (lower) than the block
                                                                                                       accurately describe the allocation
                                               change as described in Items I and II,                                                                         execution price, as well as Responses
                                                                                                       methodology used in the Block Order
                                               below, which Items have been prepared                                                                          that are priced higher (lower) than the
                                                                                                       Mechanism, and add language regarding
                                               by the Exchange. The Commission is                                                                             block execution price, will be executed
                                                                                                       how the block execution price is
                                               publishing this notice to solicit                                                                              in full at the block execution price.
                                                                                                       determined. The Exchange believes that
                                               comments on the proposed rule change                                                                           Although Rule 716(c)(2)(ii) described
                                                                                                       these changes will increase
                                               from interested persons.                                                                                       above explains how allocations are
                                                                                                       transparency around the operation of
                                                                                                                                                              handled at the block execution price,
                                               I. Self-Regulatory Organization’s                       the Block Order Mechanism to the                       the Exchange believes that additional
                                               Statement of the Terms of Substance of                  benefit of members and market                          the additional clarity that interest that is
                                               the Proposed Rule Change                                participants.                                          priced better than the block execution
                                                                                                          Currently, Rule 716(c)(2)(ii) provides
                                                  The Exchange proposes to amend                       that Responses, quotes, and Professional
                                               Rule 716(c) to more accurately describe                                                                           9 The term ‘‘Professional Order’’ means an order

                                               the allocation methodology used in the                                                                         that is for the account of a person or entity that is
                                                                                                         3 See Rule 716(c).                                   not a Priority Customer. See Rule 100(a)(37C).
                                               Block Order Mechanism, and add                            4 See Rule 716(a).                                      10 See Rule 716(d).
                                               language regarding how the block                          5 A ‘‘Response’’ is an electronic message that is       11 See Rule 716(e).

                                               execution price is determined.                          sent by members in response to a broadcast
ethrower on DSK3G9T082PROD with NOTICES




                                                                                                                                                                 12 See Rule 723.

                                                  The text of the proposed rule change                 message. See Rule 716(b).                                 13 Supplementary Material .01(b) to Rule 713
                                                                                                         6 See Supplementary Material .04 to Rule 716.
                                               is available on the Exchange’s Web site                                                                        provides that, if the PMM is quoting at the best
                                                                                                         7 Responses and orders and quotes on the order
                                               at www.ise.com, at the principal office                                                                        price, it has participation rights equal to the greater
                                                                                                       book at the time the block order is executed that      of the proportion of the total size at the best price
                                                                                                       are priced better than the block execution price are   represented by the size of its quote, or a percentage
                                                 11 17 CFR 200.30–3(a)(12).                            executed at the block execution price. See Rule        allocation entitlement based on the number of other
                                                 1 15 U.S.C. 78s(b)(1).                                716(c)(2)(i).                                          Professional Orders and market maker quotations at
                                                 2 17 CFR 240.19b–4.                                     8 See Rule 716(c)(2).                                the best price.



                                          VerDate Sep<11>2014   19:52 Oct 04, 2017   Jkt 244001   PO 00000   Frm 00075   Fmt 4703   Sfmt 4703   E:\FR\FM\05OCN1.SGM   05OCN1


                                                                            Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Notices                                              46551

                                               price is executed in full would be                      2. Statutory Basis                                    around the price at which interest is
                                               helpful to members. With these two                         The Exchange believes that the                     executed in the Block Order
                                               proposed changes, Rule 716(c) will                      proposed rule change is consistent with               Mechanism. As explained above, the
                                               more accurately describe the allocation                 the requirements of the Act and the                   Block Order Mechanism is designed to
                                               methodology used in the Block Order                     rules and regulations thereunder that                 provide an opportunity for members to
                                               Mechanism.                                              are applicable to a national securities               receive liquidity for their block-sized
                                                  Furthermore, the Exchange proposes                   exchange, and, in particular, with the                orders and therefore trades at a price
                                               add language to Rule 716(c)(2)(i) that                  requirements of Section 6(b) of the                   that allows the maximum number of
                                               explains the price at which orders                      Act.14 In particular, the proposal is                 contracts of such order to be executed
                                               entered into the Block Order                            consistent with Section 6(b)(5) of the                against Responses entered to trade
                                               Mechanism are executed. In particular,                  Act,15 because is designed to promote                 against the block-size order and interest
                                               the Exchange proposes to state that                     just and equitable principles of trade,               on the Exchange’s order book. The
                                               Responses, orders, and quotes will be                   remove impediments to and perfect the                 Exchange believes that describing how
                                                                                                       mechanisms of a free and open market                  the block execution price is determined
                                               executed at a single block execution
                                                                                                       and a national market system and, in                  in Rule 716(c)(2)(i) will increase
                                               price that is the price for the block-size
                                                                                                       general, to protect investors and the                 transparency around pricing of
                                               order at which the maximum number of                    public interest.
                                               contracts can be executed consistent                                                                          executions in the Block Order
                                                                                                          The Exchange believes that the                     Mechanism.
                                               with the member’s instruction. For                      proposed changes to the allocation
                                               example, if a member enters a block-                    language in Rule 716(c)(2)(i)–(ii) are                B. Self-Regulatory Organization’s
                                               sized order to buy 100 contracts at $1.00               consistent with the protection of                     Statement on Burden on Competition
                                               into the Block Order Mechanism, and                     investors and the public interest as the
                                               members enter Response A to sell 50                     proposed allocation language more                       In accordance with Section 6(b)(8) of
                                               contracts at $0.90 and Response B to sell               accurately reflects the Exchange’s                    the Act,17 the Exchange does not believe
                                               40 contracts at $0.95, the block                        process for allocating contracts executed             that the proposed rule change will
                                               execution price would be $0.95 as this                  in the Block Order Mechanism.                         impose any burden on intermarket or
                                               is the price at which the maximum                       Although the Exchange’s allocation rule               intramarket competition that is not
                                               number of contracts could be executed.                  for the Block Order Mechanism                         necessary or appropriate in furtherance
                                               The block-sized order and both                          currently references the allocation                   of the purposes of the Act. The
                                               Responses would then be executed at                     process for regular trading, the                      proposed rule change is designed to
                                               this single block execution price.                      allocation methodology does not                       correct the Exchange’s rules to more
                                               Responses A and B would be executed                     include certain parts of the regular                  accurately reflect the handling of
                                               in full since there is sufficient size to               allocation procedure. In particular, the              auctions in the Block Order Mechanism.
                                               execute both Responses against the                      Exchange does not grant any special                   No changes are proposed to the
                                               block-size order. In addition, if two                   allocation to the PMM for interest                    operation of the Exchange’s trading
                                               other members also enter Responses C                    executed in the Block Order                           system, and no members will be
                                               (Priority Customer) and D (non-Priority                 Mechanism. The Exchange believes that                 impacted by the proposed rule, which
                                                                                                       it is appropriate to not provide an                   merely reflects current functionality
                                               Customer) to sell at $0.98 for 10
                                                                                                       enhanced allocation entitlement to the                offered to members that trade in the
                                               contracts each, the block execution
                                                                                                       PMM for interest executed in the Block                Block Order Mechanism. The proposed
                                               price would be $0.98 as additional                      Order Mechanism, as the Block Order
                                               contracts could be executed at that                                                                           rule change is therefore not designed to
                                                                                                       Mechanism provides an auction process                 impose any significant burden on
                                               price. In that instance, Responses A and                that does not rely on market maker
                                               B, which are priced better than the                                                                           competition.
                                                                                                       quoting and other obligations to source
                                               block execution price, would be                         liquidity. Furthermore, the Exchange                  C. Self-Regulatory Organization’s
                                               executed in full, while Responses B and                 believes that it is helpful to explain in             Statement on Comments on the
                                               C, which are priced at the block                        this rule that interest that is priced                Proposed Rule Change Received From
                                               execution price, would participate in                   better than the block execution price                 Members, Participants, or Others
                                               accordance with the allocation                          would be executed in full. The
                                               methodology described in this proposed                  allocation process used for the Block                   No written comments were either
                                               rule change—i.e., the remaining 10                      Order Mechanism is similar to how the                 solicited or received.
                                               contracts would go to Response C,                       Exchange allocates contracts in other
                                                                                                                                                             III. Date of Effectiveness of the
                                               which is a Priority Customer Response.                  auction mechanisms, including, for
                                                                                                                                                             Proposed Rule Change and Timing for
                                               The Block Order Mechanism is designed                   example, the Facilitation Mechanism,
                                                                                                       Solicited Order Mechanism, and Price                  Commission Action
                                               to provide an opportunity for members
                                               to receive liquidity for their block-sized              Improvement Mechanism, with the                         Because the foregoing proposed rule
                                               orders and therefore trades at a price                  exception that those two-sided auction                change does not: (i) Significantly affect
                                               that allows the maximum number of                       mechanisms also allocate contracts                    the protection of investors or the public
                                               contracts of such order to be executed                  against the contra order.16                           interest; (ii) impose any significant
                                               against Responses entered to trade                         The Exchange also believes that the
                                                                                                                                                             burden on competition; and (iii) become
                                               against the block-size order and interest               proposed changes to describe how the
                                                                                                                                                             operative for 30 days from the date on
                                                                                                       block execution price is determined is
ethrower on DSK3G9T082PROD with NOTICES




                                               on the Exchange’s order book. The                                                                             which it was filed, or such shorter time
                                                                                                       consistent with the protection of
                                               Exchange believes that describing how                                                                         as the Commission may designate, it has
                                                                                                       investors and the public interest as this
                                               the block execution price is determined                                                                       become effective pursuant to Section
                                                                                                       change will increase transparency
                                               in Rule 716(c)(2)(i) will increase                                                                            19(b)(3)(A)(iii) of the Act 18 and
                                               transparency around pricing of                            14 15 U.S.C. 78f(b).
                                               executions in the Block Order                             15 15 U.S.C. 78f(b)(5).                               17 15   U.S.C. 78f(b)(8).
                                               Mechanism.                                                16 See supra notes 10–12 and accompanying text.       18 15   U.S.C. 78s(b)(3)(A)(iii).



                                          VerDate Sep<11>2014   19:52 Oct 04, 2017   Jkt 244001   PO 00000   Frm 00076   Fmt 4703   Sfmt 4703   E:\FR\FM\05OCN1.SGM    05OCN1


                                               46552                         Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Notices

                                               subparagraph (f)(6) of Rule 19b–4                         Paper Comments                                        SECURITIES AND EXCHANGE
                                               thereunder.19                                                                                                   COMMISSION
                                                  A proposed rule change filed under                       • Send paper comments in triplicate
                                               Rule 19b–4(f)(6) 20 normally does not                     to Secretary, Securities and Exchange
                                                                                                                                                               [Release No. 34–81775; File No. SR–
                                               become operative prior to 30 days after                   Commission, 100 F Street NE.,
                                                                                                                                                               NYSEArca–2017–115]
                                               the date of the filing. However, pursuant                 Washington, DC 20549–1090.
                                               to Rule 19b–4(f)(6)(iii),21 the                                                                                 Self-Regulatory Organizations; NYSE
                                                                                                         All submissions should refer to File
                                               Commission may designate a shorter                                                                              Arca, Inc.; Notice of Filing and
                                               time if such action is consistent with the                Number SR–MRX–2017–19. This file
                                                                                                         number should be included on the                      Immediate Effectiveness of Proposed
                                               protection of investors and the public
                                                                                                         subject line if email is used. To help the            Rule Change To Extend the
                                               interest. The Exchange requests that the
                                               Commission waive the 30-day operative                     Commission process and review your                    Implementation Date for Certain
                                               delay. The Exchange notes that a waiver                   comments more efficiently, please use                 Changes to the NYSE Arca Rule 5 and
                                               is consistent with the protection of                      only one method. The Commission will                  Rule 8 Series
                                               investors and the public interest                         post all comments on the Commission’s
                                                                                                                                                               September 29, 2017.
                                               because it will allow the Exchange to                     Internet Web site (http://www.sec.gov/
                                               correct its Block Order Mechanism rules                   rules/sro.shtml). Copies of the                          Pursuant to Section 19(b)(1) 1 of the
                                               to reflect the current functionality of the               submission, all subsequent                            Securities Exchange Act of 1934
                                               system without undue delay. The                           amendments, all written statements                    (‘‘Act’’) 2 and Rule 19b–4 thereunder,3
                                               Commission believes that waiving the                      with respect to the proposed rule                     notice is hereby given that, on
                                               30-day operative delay is consistent                      change that are filed with the                        September 28, 2017, NYSE Arca, Inc.
                                               with the protection of investors and the                  Commission, and all written                           (‘‘Exchange’’ or ‘‘NYSE Arca’’) filed
                                               public interest. Accordingly, the                         communications relating to the                        with the Securities and Exchange
                                               Commission hereby waives the 30-day                       proposed rule change between the                      Commission (‘‘Commission’’) the
                                               operative delay and designates the                        Commission and any person, other than                 proposed rule change as described in
                                               proposed rule change operative upon                       those that may be withheld from the                   Items I and II below, which Items have
                                               filing.22                                                                                                       been prepared by the self-regulatory
                                                                                                         public in accordance with the
                                                  At any time within 60 days of the                                                                            organization. The Commission is
                                               filing of the proposed rule change, the                   provisions of 5 U.S.C. 552, will be
                                                                                                         available for Web site viewing and                    publishing this notice to solicit
                                               Commission summarily may
                                                                                                         printing in the Commission’s Public                   comments on the proposed rule change
                                               temporarily suspend such rule change if
                                               it appears to the Commission that such                    Reference Room, 100 F Street NE.,                     from interested persons.
                                               action is: (i) Necessary or appropriate in                Washington, DC 20549, on official                     I. Self-Regulatory Organization’s
                                               the public interest; (ii) for the protection              business days between the hours of                    Statement of the Terms of Substance of
                                               of investors; or (iii) otherwise in                       10:00 a.m. and 3:00 p.m. Copies of the                the Proposed Rule Change
                                               furtherance of the purposes of the Act.                   filing also will be available for
                                               If the Commission takes such action, the                  inspection and copying at the principal                  The Exchange proposes to extend the
                                               Commission shall institute proceedings                    office of the Exchange. All comments                  date on which certain changes to the
                                               to determine whether the proposed rule                    received will be posted without change;               NYSE Arca Rule 5 and Rule 8 series are
                                               should be approved or disapproved.                        the Commission does not edit personal                 implemented. The proposed rule change
                                               IV. Solicitation of Comments                              identifying information from                          is available on the Exchange’s Web site
                                                                                                         submissions. You should submit only                   at www.nyse.com, at the principal office
                                                 Interested persons are invited to
                                                                                                         information that you wish to make                     of the Exchange, and at the
                                               submit written data, views, and
                                                                                                         available publicly. All submissions                   Commission’s Public Reference Room.
                                               arguments concerning the foregoing,
                                               including whether the proposed rule                       should refer to File Number SR–MRX–
                                                                                                                                                               II. Self-Regulatory Organization’s
                                               change is consistent with the Act.                        2017–19 and should be submitted on or
                                                                                                                                                               Statement of the Purpose of, and
                                               Comments may be submitted by any of                       before October 26, 2017.
                                                                                                                                                               Statutory Basis for, the Proposed Rule
                                               the following methods:                                      For the Commission, by the Division of              Change
                                                                                                         Trading and Markets, pursuant to delegated
                                               Electronic Comments
                                                                                                         authority.23                                            In its filing with the Commission, the
                                                 • Use the Commission’s Internet                         Eduardo A. Aleman,                                    self-regulatory organization included
                                               comment form (http://www.sec.gov/                                                                               statements concerning the purpose of,
                                                                                                         Assistant Secretary.
                                               rules/sro.shtml); or                                                                                            and basis for, the proposed rule change
                                                 • Send an email to rule-comments@                       [FR Doc. 2017–21402 Filed 10–4–17; 8:45 am]
                                                                                                                                                               and discussed any comments it received
                                               sec.gov. Please include File Number SR–                   BILLING CODE 8011–01–P
                                                                                                                                                               on the proposed rule change. The text
                                               MRX–2017–19 on the subject line.
                                                                                                                                                               of those statements may be examined at
                                                 19 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–                                                             the places specified in Item IV below.
                                               4(f)(6) requires a self-regulatory organization to give                                                         The Exchange has prepared summaries,
                                               the Commission written notice of its intent to file                                                             set forth in sections A, B, and C below,
                                               the proposed rule change at least five business days
                                               prior to the date of filing of the proposed rule                                                                of the most significant parts of such
ethrower on DSK3G9T082PROD with NOTICES




                                               change, or such shorter time as designated by the                                                               statements.
                                               Commission. The Exchange has satisfied this
                                               requirement.
                                                 20 17 CFR 240.19b–4(f)(6).
                                                 21 17 CFR 240.19b–4(f)(6)(iii).
                                                 22 For purposes only of waiving the 30-day
                                                                                                                                                                 1 15 U.S.C. 78s(b)(1).
                                               operative delay, the Commission has considered the
                                                                                                                                                                 2 15 U.S.C. 78a.
                                               proposed rule’s impact on efficiency, competition,
                                               and capital formation. See 15 U.S.C. 78c(f).                23 17   CFR 200.30–3(a)(12).                          3 17 CFR 240.19b–4.




                                          VerDate Sep<11>2014    19:52 Oct 04, 2017   Jkt 244001   PO 00000   Frm 00077    Fmt 4703   Sfmt 4703   E:\FR\FM\05OCN1.SGM   05OCN1



Document Created: 2017-10-05 00:53:45
Document Modified: 2017-10-05 00:53:45
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 46550 

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