82_FR_50119 82 FR 49912 - Self-Regulatory Organizations; Bats EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Rule 21.1, Definitions, To Modify Stop Orders and Stop Limit Orders Applicable to the Exchange's Equity Options Platform in Preparation for the C2 Options Exchange, Incorporated Technology Migration

82 FR 49912 - Self-Regulatory Organizations; Bats EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Rule 21.1, Definitions, To Modify Stop Orders and Stop Limit Orders Applicable to the Exchange's Equity Options Platform in Preparation for the C2 Options Exchange, Incorporated Technology Migration

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 207 (October 27, 2017)

Page Range49912-49914
FR Document2017-23373

Federal Register, Volume 82 Issue 207 (Friday, October 27, 2017)
[Federal Register Volume 82, Number 207 (Friday, October 27, 2017)]
[Notices]
[Pages 49912-49914]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-23373]


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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81920; File No. SR-BatsEDGX-2017-39]


Self-Regulatory Organizations; Bats EDGX Exchange, Inc.; Notice 
of Filing and Immediate Effectiveness of a Proposed Rule Change to Rule 
21.1, Definitions, To Modify Stop Orders and Stop Limit Orders 
Applicable to the Exchange's Equity Options Platform in Preparation for 
the C2 Options Exchange, Incorporated Technology Migration

October 23, 2017.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given 
that on October 10, 2017, Bats EDGX Exchange, Inc. (the ``Exchange'' or 
``EDGX'') 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 Exchange 
has designated this proposal as a ``non-controversial'' proposed rule 
change pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-
4(f)(6)(iii) thereunder,\4\ which renders it effective upon filing with 
the Commission. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6)(iii).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange filed a proposal to update Rule 21.1 to make 
modifications to the Exchange's rules and functionality applicable to 
the Exchange's options platform (``EDGX Options'') in preparation for 
the technology migration of the Exchange's affiliated options exchange, 
C2 Options Exchange, Incorporated (``C2''), onto the same technology as 
the Exchange.
    The text of the proposed rule change is available at the Exchange's 
Web site at www.bats.com, at the principal office of the Exchange, and 
at the Commission's Public Reference Room.

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

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

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

1. Purpose
    In 2016, the Exchange and its affiliates Bats BZX Exchange, Inc. 
(``BZX''), Bats BYX Exchange, Inc. (``BYX''), and Bats EDGA Exchange, 
Inc. (``EDGA'') received approval to affect a merger (the ``Merger'') 
of the Exchange's indirect parent company, Bats Global Markets, Inc. 
(``BGM''), with CBOE Holdings, Inc. (``CBOE Holdings''), the direct 
parent of Chicago Board Options Exchange, Incorporated (``CBOE'') and 
C2 Options Exchange, Incorporated (``C2'', and together with the 
Exchange, BZX, BYX, EDGA, and CBOE the ``CBOE Affiliated 
Exchanges'').\5\ The CBOE Affiliated Exchanges are working to align 
certain system functionality, retaining only intended differences 
between the CBOE Affiliated Exchanges, in the context of a technology 
migration. Thus, the proposals set forth below are intended to add 
certain system functionality that is more similar to functionality 
offered by CBOE and C2 in order to ultimately provide a consistent 
technology offering for market participants who interact with the CBOE 
Affiliated Exchanges. Although the Exchange intentionally offers 
certain features that differ from those offered by its affiliates and 
will continue to do so, the Exchange believes that offering similar 
functionality to the extent practicable will reduce potential confusion 
for Users.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 79585 (December 16, 
2016), 81 FR 93988 (December 22, 2016) (SR-BatsBZX-2016-68; SR-
BatsBYX-2016-29; SR-BatsEDGA-2016-24; SR-BatsEDGX-2016-60).
---------------------------------------------------------------------------

    The Exchange adopt Stop Orders and Stop Limit Orders, to be defined 
in Rules 21.1(d)(11) and (d)(12), respectively. In order to adopt such 
rules, the Exchange also proposes to re-number current Rule 21.1(d)(10) 
(related to ``Intermarket Sweep Orders'') as Rule 21.1(d)(9) (currently 
reserved), and current Rule 21.1(d)(11) (related to ``Qualified 
Continent Cross Orders'') as Rule 21.1(d)(10).
    A Stop Order would be defined in Rule 21.1(d)(11) as an order that 
becomes a Market Order \6\ when the stop price is elected. A Stop Order 
to buy would be elected when the consolidated last sale in the option 
occurs at or above, or the NBB is equal to or higher than, the 
specified stop price. A Stop Order to sell would be elected when the 
consolidated last sale in the option occurs at or below, or the NBO is 
equal to or lower than, the specified stop price.
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    \6\ ``Market Orders'' are orders to buy or sell at the best 
price available at the time of execution. Market Orders to buy or 
sell an option traded on are rejected if they are received when the 
underlying security is subject to a ``Limit State'' or ``Straddle 
State'' as defined in the Plan to Address Extraordinary Market 
Volatility Pursuant to Rule 608 of Regulation NMS under the Act (the 
``Limit Up-Limit Down Plan''). Any portion of a Market Order that 
would execute at a price more than $0.50 or 5 percent worse than the 
NBBO at the time the order initially reaches BZX Options, whichever 
is greater, will be cancelled. See Exchange Rule 21.1(d)(5).
---------------------------------------------------------------------------

    In addition, the Exchange proposes to restrict Stop Orders, which, 
as described above, are converted to Market Orders when elected, from 
being elected when the underlying security is in a Limit State, as 
defined in the Limit Up-Limit Down Plan. Such an order would be held 
until the end of the Limit State, at which point the order would again 
become eligible to be elected. This aspect of the proposal is also 
based on the rules of CBOE \7\ and C2 \8\ and is consistent with the 
Exchange's current handling of Market Orders, which are not accepted 
when the underlying security is in a Limit State.\9\ As Stop Orders 
become Market Orders when elected, the Exchange believes that this 
change is merely an extension of its existing functionality.
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    \7\ See CBOE Rule 6.53, Interpretation and Policy .01C.
    \8\ See C2 Rule 6.10, Interpretation and Policy .01C.
    \9\ See Exchange Rule 21.1(d)(5).
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    A Stop Limit Order would be defined in Rule 21.1(d)(12) as an order 
that becomes a limit order when the stop price is elected. A Stop Limit 
Order to buy would be elected and would become a buy limit order when 
the consolidated last sale in the option

[[Page 49913]]

occurs at or above, or the NBB is equal to or higher than, the 
specified stop price. A Stop Limit Order to sell would be elected and 
would become a sell limit order when the consolidated last sale in the 
option occurs at or below, or the NBO is equal to or lower than, the 
specified stop price.
    The Exchange notes that CBOE and C2 also trigger stop orders based 
trades and quotations.\10\ The Exchange further notes that it has 
proposed to elect Stop Orders and Stop Limit Orders based on 
consolidated quotations (the NBB and NBO) rather than quotations only 
on the Exchange.\11\
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    \10\ See CBOE Rules 6.53(c)(iii) and (c)(iv) and C2 Rules 
6.10(c)(3) and (c)(4).
    \11\ Simultaneous with this proposal, the Exchange's affiliate, 
BZX, is filing a proposal to elect Stop Orders and Stop Limit Orders 
based on consolidated quotations. As such, the Exchange's rules, as 
proposed, would be identical to the rules of BZX. BZX currently 
elects Stop Orders and Stop Limit Orders based on consolidated 
trades only. See BZX Rules 21.1(d)(11) and (d)(12).
---------------------------------------------------------------------------

    Below are examples of the proposed functionality for Stop Orders 
and Stop Limit Orders.
Example 1A--Stop Order Is Triggered (Trade)
    Assume the NBBO is 7.80 x 8.00. Assume that a User submits a Stop 
Order to buy 500 shares with a stop price of 8.05.
     Assume the NBBO updates to 8.00 by 8.05. An execution 
reported by another exchange at 8.05 will trigger the stop price of the 
Stop Order, which will convert into a Market Order to buy.
Example 1B--Stop Order Is Triggered (Quotation)
    Assume the NBBO is 7.80 x 8.00. Assume that a User submits a Stop 
Order to buy 500 shares with a stop price of 8.05.
     Assume the NBBO updates to 8.05 by 8.10. The NBB equal to 
the stop price of the order will trigger the stop price of the Stop 
Order, which will convert into a Market Order to buy. The result would 
be the same if the NBB were instead higher than the stop price, such as 
with an NBBO of 8.10 by 8.15.
Example 2A--Stop Limit Order Is Triggered (Trade)
    Assume the NBBO is 7.80 x 8.00. Assume that a User submits a Stop 
Limit Order to buy 500 shares at 8.04 with stop limit price of 8.05.
     Assume the NBBO updates to 8.03 by 8.05. An execution 
reported by another exchange at 8.05 will trigger the stop price of the 
Stop Limit Order, which will convert into a limit order to buy at 8.04.
Example 2B--Stop Limit Order Is Triggered (Quotation)
    Assume the NBBO is 7.80 x 8.00. Assume that a User submits a Stop 
Limit Order to buy 500 shares at 8.04 with stop limit price of 8.05.
     Assume the NBBO updates to 8.05 by 8.10. The NBB equal to 
the stop price of the order will trigger the stop price of the Stop 
Limit Order, which will convert into a limit order to buy at 8.04. The 
result would be the same if the NBB were instead higher than the stop 
price, such as with an NBBO of 8.10 by 8.15.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act \12\ in general, and furthers the objectives of Section 
6(b)(5) of the Act \13\ in particular, in that it is designed 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. In particular, consistent rules and functionality between the 
Exchange and its affiliated exchanges will reduce complexity and help 
avoid potential confusion by the Users of the Exchange that are also 
participants on other CBOE Affiliated Exchanges.\14\
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(5).
    \14\ The Exchange notes that its affiliate, EDGX, also intends 
to adopt Stop Orders and Stop Limit Orders that would function 
identical to Stop Orders and Stop Limit Orders on the Exchange, as 
amended by this proposal. In addition, as CBOE and C2 migrate to the 
same technology platform as the Exchange, CBOE and C2 intend to 
modify rules and functionality to be consistent with the Exchange 
and EDGX, unless the retention of differences is intended.
---------------------------------------------------------------------------

    The Exchange believes the proposed amendment will reduce complexity 
and increase the understanding of the Exchange's operations for all 
Users of the Exchange. In particular, by offering Stop Orders and Stop 
Limit Orders, the Exchange's functionality will be more similar to that 
of CBOE and C2. In turn, when CBOE and C2 are migrated to the same 
technology as that of the Exchange, Users of the Exchange and other 
CBOE Affiliated Exchanges will have access to similar functionality. As 
such, the proposed rule change would foster cooperation and 
coordination with persons engaged in facilitating transactions in 
securities and would remove impediments to and perfect the mechanism of 
a free and open market and a national market system.
    With respect to Stop Orders not being elected when the underlying 
security is in a Limit State, this proposal is based on the rules of 
CBOE and C2 and is also consistent with the Exchange's current handling 
of Market Orders, which are not accepted when the underlying security 
is in a Limit State.\15\ As Stop Orders become Market Orders when 
elected, the Exchange believes that this change is merely an extension 
of its existing functionality in the context of the Exchange's adoption 
of Stop Orders.
---------------------------------------------------------------------------

    \15\ See supra, notes 8-10.
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act. The Exchange notes that the 
proposal will further promote consistency between the Exchange and its 
affiliated exchanges, and is part of a larger technology integration 
that will ultimately reduce complexity for Users of the Exchange that 
are also participants on other CBOE Affiliated Exchanges. The Exchange 
does not believe that the proposed changes will have any direct impact 
on competition. Thus, the Exchange does not believe that the proposal 
creates any significant impact on competition.

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

    The Exchange has not solicited, and does not intend to solicit, 
comments on this proposed rule change. The Exchange has not received 
any written comments from members or other interested parties.

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

    Because the foregoing proposed rule change does not: (A) 
Significantly affect the protection of investors or the public 
interest; (B) impose any significant burden on competition; and (C) by 
its terms, become operative for 30 days from the date on which it was 
filed or such shorter time as the Commission may designate it has 
become effective pursuant to Section 19(b)(3)(A) of the Act \16\ and 
paragraph (f)(6) of Rule 19b-4 thereunder,\17\ the Exchange has

[[Page 49914]]

designated this rule filing as non-controversial.
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78s(b)(3)(A).
    \17\ 17 CFR 240.19b-4. 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) \18\ normally 
does not become operative prior to 30 days after the date of the 
filing. However, Rule 19b-4(f)(6)(iii) \19\ permits the Commission to 
designate a shorter time if such action is consistent with the 
protection of investors and the public interest. The Exchange has asked 
the Commission to waive the 30-day operative delay so that the proposed 
rule change may become operative immediately upon filing. The Exchange 
notes that the proposed rule change will promote consistency between 
the Exchange and CBOE Affiliated Exchanges, and is part of a larger 
technology integration that will ultimately reduce complexity for Users 
of the Exchange that are also participants on other CBOE Affiliated 
Exchanges.
---------------------------------------------------------------------------

    \18\ 17 CFR 240.19b-4(f)(6).
    \19\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    The Commission believes that waiver of the 30-day operative delay 
is consistent with the protection of investor and the public interest. 
The Commission notes that the proposed rule change is based on rules of 
its affiliated exchanges, CBOE and C2, and thus does not raise any new 
or novel issues. Accordingly, the Commission hereby waives the 30-day 
operative delay and designates the proposed rule change as operative 
upon filing.\20\
---------------------------------------------------------------------------

    \20\ For purposes only of waiving the 30-day operative delay, 
the Commission has also 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: (1) 
Necessary or appropriate in the public interest; (2) for the protection 
of investors; or (3) otherwise in furtherance of the purposes of the 
Act. If the Commission takes such action, the Commission shall 
institute proceedings to determine whether the proposed rule should be 
approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-BatsEDGX-2017-39 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields, 
Secretary, Securities and Exchange Commission, 100 F Street NE., 
Washington, DC 20549-1090.

All submissions should refer to File Number SR-BatsEDGX-2017-39. 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. Persons submitting 
comments are cautioned that we do not redact or edit personal 
identifying information from comment submissions. You should submit 
only information that you wish to make available publicly. All 
submissions should refer to File Number SR-BatsEDGX-2017-39 and should 
be submitted on or before November 17, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\21\
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    \21\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-23373 Filed 10-26-17; 8:45 am]
BILLING CODE 8011-01-P



                                                    49912                          Federal Register / Vol. 82, No. 207 / Friday, October 27, 2017 / Notices

                                                    to make available publicly. All                         Exchange, Incorporated (‘‘C2’’), onto the             practicable will reduce potential
                                                    submissions should refer to File                        same technology as the Exchange.                      confusion for Users.
                                                    Number SR–MSRB–2017–08 and should                          The text of the proposed rule change                  The Exchange adopt Stop Orders and
                                                    be submitted on or before November 17,                  is available at the Exchange’s Web site               Stop Limit Orders, to be defined in
                                                    2017.                                                   at www.bats.com, at the principal office              Rules 21.1(d)(11) and (d)(12),
                                                      For the Commission, pursuant to delegated             of the Exchange, and at the                           respectively. In order to adopt such
                                                    authority.27                                            Commission’s Public Reference Room.                   rules, the Exchange also proposes to re-
                                                    Eduardo A. Aleman,
                                                                                                                                                                  number current Rule 21.1(d)(10) (related
                                                                                                            II. Self-Regulatory Organization’s                    to ‘‘Intermarket Sweep Orders’’) as Rule
                                                    Assistant Secretary.                                    Statement of the Purpose of, and                      21.1(d)(9) (currently reserved), and
                                                    [FR Doc. 2017–23374 Filed 10–26–17; 8:45 am]            Statutory Basis for, the Proposed Rule                current Rule 21.1(d)(11) (related to
                                                    BILLING CODE 8011–01–P                                  Change                                                ‘‘Qualified Continent Cross Orders’’) as
                                                                                                               In its filing with the Commission, the             Rule 21.1(d)(10).
                                                                                                            Exchange included statements                             A Stop Order would be defined in
                                                    SECURITIES AND EXCHANGE                                 concerning the purpose of and basis for               Rule 21.1(d)(11) as an order that
                                                    COMMISSION                                              the proposed rule change and discussed                becomes a Market Order 6 when the stop
                                                                                                            any comments it received on the                       price is elected. A Stop Order to buy
                                                    [Release No. 34–81920; File No. SR–
                                                    BatsEDGX–2017–39]                                       proposed rule change. The text of these               would be elected when the consolidated
                                                                                                            statements may be examined at the                     last sale in the option occurs at or
                                                    Self-Regulatory Organizations; Bats                     places specified in Item IV below. The                above, or the NBB is equal to or higher
                                                    EDGX Exchange, Inc.; Notice of Filing                   Exchange has prepared summaries, set                  than, the specified stop price. A Stop
                                                    and Immediate Effectiveness of a                        forth in Sections A, B, and C below, of               Order to sell would be elected when the
                                                    Proposed Rule Change to Rule 21.1,                      the most significant parts of such                    consolidated last sale in the option
                                                    Definitions, To Modify Stop Orders and                  statements.                                           occurs at or below, or the NBO is equal
                                                    Stop Limit Orders Applicable to the                                                                           to or lower than, the specified stop
                                                                                                            (A) Self-Regulatory Organization’s                    price.
                                                    Exchange’s Equity Options Platform in                   Statement of the Purpose of, and
                                                    Preparation for the C2 Options                                                                                   In addition, the Exchange proposes to
                                                                                                            Statutory Basis for, the Proposed Rule                restrict Stop Orders, which, as described
                                                    Exchange, Incorporated Technology                       Change
                                                    Migration                                                                                                     above, are converted to Market Orders
                                                                                                            1. Purpose                                            when elected, from being elected when
                                                    October 23, 2017.                                                                                             the underlying security is in a Limit
                                                                                                               In 2016, the Exchange and its                      State, as defined in the Limit Up-Limit
                                                       Pursuant to Section 19(b)(1) of the                  affiliates Bats BZX Exchange, Inc.
                                                    Securities Exchange Act of 1934 (the                                                                          Down Plan. Such an order would be
                                                                                                            (‘‘BZX’’), Bats BYX Exchange, Inc.                    held until the end of the Limit State, at
                                                    ‘‘Act’’),1 and Rule 19b–4 thereunder,2                  (‘‘BYX’’), and Bats EDGA Exchange, Inc.
                                                    notice is hereby given that on October                                                                        which point the order would again
                                                                                                            (‘‘EDGA’’) received approval to affect a              become eligible to be elected. This
                                                    10, 2017, Bats EDGX Exchange, Inc. (the                 merger (the ‘‘Merger’’) of the Exchange’s
                                                    ‘‘Exchange’’ or ‘‘EDGX’’) filed with the                                                                      aspect of the proposal is also based on
                                                                                                            indirect parent company, Bats Global                  the rules of CBOE 7 and C2 8 and is
                                                    Securities and Exchange Commission                      Markets, Inc. (‘‘BGM’’), with CBOE
                                                    (‘‘Commission’’) the proposed rule                                                                            consistent with the Exchange’s current
                                                                                                            Holdings, Inc. (‘‘CBOE Holdings’’), the               handling of Market Orders, which are
                                                    change as described in Items I and II                   direct parent of Chicago Board Options
                                                    below, which Items have been prepared                                                                         not accepted when the underlying
                                                                                                            Exchange, Incorporated (‘‘CBOE’’) and                 security is in a Limit State.9 As Stop
                                                    by the Exchange. The Exchange has                       C2 Options Exchange, Incorporated
                                                    designated this proposal as a ‘‘non-                                                                          Orders become Market Orders when
                                                                                                            (‘‘C2’’, and together with the Exchange,              elected, the Exchange believes that this
                                                    controversial’’ proposed rule change                    BZX, BYX, EDGA, and CBOE the ‘‘CBOE
                                                    pursuant to Section 19(b)(3)(A) of the                                                                        change is merely an extension of its
                                                                                                            Affiliated Exchanges’’).5 The CBOE                    existing functionality.
                                                    Act 3 and Rule 19b–4(f)(6)(iii)
                                                                                                            Affiliated Exchanges are working to                      A Stop Limit Order would be defined
                                                    thereunder,4 which renders it effective                 align certain system functionality,
                                                    upon filing with the Commission. The                                                                          in Rule 21.1(d)(12) as an order that
                                                                                                            retaining only intended differences                   becomes a limit order when the stop
                                                    Commission is publishing this notice to                 between the CBOE Affiliated Exchanges,
                                                    solicit comments on the proposed rule                                                                         price is elected. A Stop Limit Order to
                                                                                                            in the context of a technology migration.             buy would be elected and would
                                                    change from interested persons.                         Thus, the proposals set forth below are               become a buy limit order when the
                                                    I. Self-Regulatory Organization’s                       intended to add certain system                        consolidated last sale in the option
                                                    Statement of the Terms of Substance of                  functionality that is more similar to
                                                    the Proposed Rule Change                                functionality offered by CBOE and C2 in                 6 ‘‘Market Orders’’ are orders to buy or sell at the

                                                                                                            order to ultimately provide a consistent              best price available at the time of execution. Market
                                                       The Exchange filed a proposal to                                                                           Orders to buy or sell an option traded on are
                                                                                                            technology offering for market
                                                    update Rule 21.1 to make modifications                                                                        rejected if they are received when the underlying
                                                                                                            participants who interact with the CBOE
                                                    to the Exchange’s rules and                                                                                   security is subject to a ‘‘Limit State’’ or ‘‘Straddle
                                                                                                            Affiliated Exchanges. Although the                    State’’ as defined in the Plan to Address
                                                    functionality applicable to the
                                                                                                            Exchange intentionally offers certain                 Extraordinary Market Volatility Pursuant to Rule
                                                    Exchange’s options platform (‘‘EDGX                                                                           608 of Regulation NMS under the Act (the ‘‘Limit
                                                                                                            features that differ from those offered by
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    Options’’) in preparation for the                                                                             Up-Limit Down Plan’’). Any portion of a Market
                                                                                                            its affiliates and will continue to do so,
                                                    technology migration of the Exchange’s                                                                        Order that would execute at a price more than $0.50
                                                                                                            the Exchange believes that offering                   or 5 percent worse than the NBBO at the time the
                                                    affiliated options exchange, C2 Options
                                                                                                            similar functionality to the extent                   order initially reaches BZX Options, whichever is
                                                                                                                                                                  greater, will be cancelled. See Exchange Rule
                                                      27 17 CFR 200.30–3(a)(12).                              5 See Securities Exchange Act Release No. 79585     21.1(d)(5).
                                                      1 15 U.S.C. 78s(b)(1).                                                                                        7 See CBOE Rule 6.53, Interpretation and Policy
                                                                                                            (December 16, 2016), 81 FR 93988 (December 22,
                                                      2 17 CFR 240.19b–4.                                                                                         .01C.
                                                                                                            2016) (SR–BatsBZX–2016–68; SR–BatsBYX–2016–
                                                      3 15 U.S.C. 78s(b)(3)(A).                                                                                     8 See C2 Rule 6.10, Interpretation and Policy .01C.
                                                                                                            29; SR–BatsEDGA–2016–24; SR–BatsEDGX–2016–
                                                      4 17 CFR 240.19b–4(f)(6)(iii).                        60).                                                    9 See Exchange Rule 21.1(d)(5).




                                               VerDate Sep<11>2014   17:54 Oct 26, 2017   Jkt 244001   PO 00000   Frm 00132   Fmt 4703   Sfmt 4703   E:\FR\FM\27OCN1.SGM   27OCN1


                                                                                  Federal Register / Vol. 82, No. 207 / Friday, October 27, 2017 / Notices                                                  49913

                                                    occurs at or above, or the NBB is equal                 Example 2B—Stop Limit Order Is                        on the rules of CBOE and C2 and is also
                                                    to or higher than, the specified stop                   Triggered (Quotation)                                 consistent with the Exchange’s current
                                                    price. A Stop Limit Order to sell would                   Assume the NBBO is 7.80 × 8.00.                     handling of Market Orders, which are
                                                    be elected and would become a sell                      Assume that a User submits a Stop                     not accepted when the underlying
                                                    limit order when the consolidated last                  Limit Order to buy 500 shares at 8.04                 security is in a Limit State.15 As Stop
                                                    sale in the option occurs at or below, or               with stop limit price of 8.05.                        Orders become Market Orders when
                                                    the NBO is equal to or lower than, the                    • Assume the NBBO updates to 8.05                   elected, the Exchange believes that this
                                                    specified stop price.                                   by 8.10. The NBB equal to the stop price              change is merely an extension of its
                                                      The Exchange notes that CBOE and                      of the order will trigger the stop price              existing functionality in the context of
                                                    C2 also trigger stop orders based trades                of the Stop Limit Order, which will                   the Exchange’s adoption of Stop Orders.
                                                    and quotations.10 The Exchange further                  convert into a limit order to buy at 8.04.            (B) Self-Regulatory Organization’s
                                                    notes that it has proposed to elect Stop                The result would be the same if the NBB               Statement on Burden on Competition
                                                    Orders and Stop Limit Orders based on                   were instead higher than the stop price,
                                                    consolidated quotations (the NBB and                                                                            The Exchange does not believe that
                                                                                                            such as with an NBBO of 8.10 by 8.15.
                                                    NBO) rather than quotations only on the                                                                       the proposed rule change will impose
                                                    Exchange.11                                             2. Statutory Basis                                    any burden on competition that is not
                                                      Below are examples of the proposed                       The Exchange believes that its                     necessary or appropriate in furtherance
                                                    functionality for Stop Orders and Stop                  proposal is consistent with Section 6(b)              of the purposes of the Act. The
                                                    Limit Orders.                                           of the Act 12 in general, and furthers the            Exchange notes that the proposal will
                                                                                                            objectives of Section 6(b)(5) of the Act 13           further promote consistency between
                                                    Example 1A—Stop Order Is Triggered                                                                            the Exchange and its affiliated
                                                    (Trade)                                                 in particular, in that it is designed to
                                                                                                            promote just and equitable principles of              exchanges, and is part of a larger
                                                      Assume the NBBO is 7.80 × 8.00.                       trade, to remove impediments to and                   technology integration that will
                                                    Assume that a User submits a Stop                       perfect the mechanism of a free and                   ultimately reduce complexity for Users
                                                    Order to buy 500 shares with a stop                     open market and a national market                     of the Exchange that are also
                                                    price of 8.05.                                          system, and, in general to protect                    participants on other CBOE Affiliated
                                                      • Assume the NBBO updates to 8.00                     investors and the public interest. In                 Exchanges. The Exchange does not
                                                    by 8.05. An execution reported by                       particular, consistent rules and                      believe that the proposed changes will
                                                    another exchange at 8.05 will trigger the               functionality between the Exchange and                have any direct impact on competition.
                                                    stop price of the Stop Order, which will                its affiliated exchanges will reduce                  Thus, the Exchange does not believe
                                                    convert into a Market Order to buy.                     complexity and help avoid potential                   that the proposal creates any significant
                                                                                                            confusion by the Users of the Exchange                impact on competition.
                                                    Example 1B—Stop Order Is Triggered
                                                    (Quotation)                                             that are also participants on other CBOE              (C) Self-Regulatory Organization’s
                                                                                                            Affiliated Exchanges.14                               Statement on Comments on the
                                                      Assume the NBBO is 7.80 × 8.00.                          The Exchange believes the proposed                 Proposed Rule Change Received From
                                                    Assume that a User submits a Stop                       amendment will reduce complexity and                  Members, Participants or Others
                                                    Order to buy 500 shares with a stop                     increase the understanding of the
                                                    price of 8.05.                                                                                                  The Exchange has not solicited, and
                                                                                                            Exchange’s operations for all Users of
                                                      • Assume the NBBO updates to 8.05                     the Exchange. In particular, by offering
                                                                                                                                                                  does not intend to solicit, comments on
                                                    by 8.10. The NBB equal to the stop price                                                                      this proposed rule change. The
                                                                                                            Stop Orders and Stop Limit Orders, the
                                                    of the order will trigger the stop price                                                                      Exchange has not received any written
                                                                                                            Exchange’s functionality will be more
                                                    of the Stop Order, which will convert                                                                         comments from members or other
                                                                                                            similar to that of CBOE and C2. In turn,
                                                    into a Market Order to buy. The result                                                                        interested parties.
                                                                                                            when CBOE and C2 are migrated to the
                                                    would be the same if the NBB were                       same technology as that of the                        III. Date of Effectiveness of the
                                                    instead higher than the stop price, such                Exchange, Users of the Exchange and                   Proposed Rule Change and Timing for
                                                    as with an NBBO of 8.10 by 8.15.                        other CBOE Affiliated Exchanges will                  Commission Action
                                                    Example 2A—Stop Limit Order Is                          have access to similar functionality. As                 Because the foregoing proposed rule
                                                    Triggered (Trade)                                       such, the proposed rule change would                  change does not: (A) Significantly affect
                                                                                                            foster cooperation and coordination
                                                      Assume the NBBO is 7.80 × 8.00.                                                                             the protection of investors or the public
                                                                                                            with persons engaged in facilitating                  interest; (B) impose any significant
                                                    Assume that a User submits a Stop
                                                                                                            transactions in securities and would                  burden on competition; and (C) by its
                                                    Limit Order to buy 500 shares at 8.04
                                                                                                            remove impediments to and perfect the                 terms, become operative for 30 days
                                                    with stop limit price of 8.05.
                                                                                                            mechanism of a free and open market
                                                      • Assume the NBBO updates to 8.03                                                                           from the date on which it was filed or
                                                                                                            and a national market system.                         such shorter time as the Commission
                                                    by 8.05. An execution reported by
                                                                                                               With respect to Stop Orders not being              may designate it has become effective
                                                    another exchange at 8.05 will trigger the
                                                                                                            elected when the underlying security is               pursuant to Section 19(b)(3)(A) of the
                                                    stop price of the Stop Limit Order,
                                                                                                            in a Limit State, this proposal is based              Act 16 and paragraph (f)(6) of Rule 19b–
                                                    which will convert into a limit order to
                                                    buy at 8.04.                                              12 15
                                                                                                                                                                  4 thereunder,17 the Exchange has
                                                                                                                    U.S.C. 78f(b).
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                                                                                                              13 15 U.S.C. 78f(b)(5).
                                                      10 See CBOE Rules 6.53(c)(iii) and (c)(iv) and C2       14 The Exchange notes that its affiliate, EDGX,       15 See  supra, notes 8–10.
                                                    Rules 6.10(c)(3) and (c)(4).                            also intends to adopt Stop Orders and Stop Limit        16 15 U.S.C. 78s(b)(3)(A).
                                                      11 Simultaneous with this proposal, the               Orders that would function identical to Stop Orders     17 17 CFR 240.19b–4. In addition, Rule 19b–4(f)(6)

                                                    Exchange’s affiliate, BZX, is filing a proposal to      and Stop Limit Orders on the Exchange, as             requires a self-regulatory organization to give the
                                                    elect Stop Orders and Stop Limit Orders based on        amended by this proposal. In addition, as CBOE        Commission written notice of its intent to file the
                                                    consolidated quotations. As such, the Exchange’s        and C2 migrate to the same technology platform as     proposed rule change at least five business days
                                                    rules, as proposed, would be identical to the rules     the Exchange, CBOE and C2 intend to modify rules      prior to the date of filing of the proposed rule
                                                    of BZX. BZX currently elects Stop Orders and Stop       and functionality to be consistent with the           change, or such shorter time as designated by the
                                                    Limit Orders based on consolidated trades only. See     Exchange and EDGX, unless the retention of            Commission. The Exchange has satisfied this
                                                    BZX Rules 21.1(d)(11) and (d)(12).                      differences is intended.                              requirement.



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                                                    49914                         Federal Register / Vol. 82, No. 207 / Friday, October 27, 2017 / Notices

                                                    designated this rule filing as non-                     Electronic Comments                                   SECURITIES AND EXCHANGE
                                                    controversial.                                                                                                COMMISSION
                                                                                                              • Use the Commission’s Internet
                                                       A proposed rule change filed under                   comment form (http://www.sec.gov/                     [Release No. 34–81922; File No. SR–IEX–
                                                    Rule 19b–4(f)(6) 18 normally does not                   rules/sro.shtml); or                                  2017–37]
                                                    become operative prior to 30 days after
                                                    the date of the filing. However, Rule                     • Send an email to rule-comments@                   Self-Regulatory Organizations;
                                                    19b–4(f)(6)(iii) 19 permits the                         sec.gov. Please include File Number SR–               Investors Exchange LLC; Notice of
                                                    Commission to designate a shorter time                  BatsEDGX–2017–39 on the subject line.                 Filing and Immediate Effectiveness of
                                                    if such action is consistent with the                                                                         Proposed Rule Change To Amend Rule
                                                                                                            Paper Comments
                                                    protection of investors and the public                                                                        11.152 To Add Provisions Related to
                                                    interest. The Exchange has asked the                      • Send paper comments in triplicate                 Market Maker Withdrawals of
                                                                                                            to Brent J. Fields, Secretary, Securities             Quotations in Securities Listed on the
                                                    Commission to waive the 30-day
                                                                                                            and Exchange Commission, 100 F Street                 Investors Exchange
                                                    operative delay so that the proposed
                                                    rule change may become operative                        NE., Washington, DC 20549–1090.                       October 23, 2017.
                                                    immediately upon filing. The Exchange                   All submissions should refer to File                     Pursuant to Section 19(b)(1) 1 of the
                                                    notes that the proposed rule change will                Number SR–BatsEDGX–2017–39. This                      Securities Exchange Act of 1934 (the
                                                    promote consistency between the                         file number should be included on the                 ‘‘Act’’) 2 and Rule 19b–4 thereunder,3
                                                    Exchange and CBOE Affiliated                            subject line if email is used. To help the            notice is hereby given that, on October
                                                    Exchanges, and is part of a larger                      Commission process and review your                    19, 2017, the Investors Exchange LLC
                                                    technology integration that will                        comments more efficiently, please use                 (‘‘IEX’’ or the ‘‘Exchange’’) filed with the
                                                    ultimately reduce complexity for Users                  only one method. The Commission will                  Securities and Exchange Commission
                                                    of the Exchange that are also                                                                                 (the ‘‘Commission’’) the proposed rule
                                                                                                            post all comments on the Commission’s
                                                    participants on other CBOE Affiliated                                                                         change as described in Items I and II
                                                                                                            Internet Web site (http://www.sec.gov/
                                                    Exchanges.                                                                                                    below, which Items have been prepared
                                                                                                            rules/sro.shtml). Copies of the
                                                                                                                                                                  by the self-regulatory organization. The
                                                       The Commission believes that waiver                  submission, all subsequent                            Commission is publishing this notice to
                                                    of the 30-day operative delay is                        amendments, all written statements                    solicit comments on the proposed rule
                                                    consistent with the protection of                       with respect to the proposed rule                     change from interested persons.
                                                    investor and the public interest. The                   change that are filed with the
                                                    Commission notes that the proposed                      Commission, and all written                           I. Self-Regulatory Organization’s
                                                    rule change is based on rules of its                    communications relating to the                        Statement of the Terms of Substance of
                                                    affiliated exchanges, CBOE and C2, and                  proposed rule change between the                      the Proposed Rule Change
                                                    thus does not raise any new or novel                    Commission and any person, other than                    Pursuant to the provisions of Section
                                                    issues. Accordingly, the Commission                     those that may be withheld from the                   19(b)(1) under the Securities Exchange
                                                    hereby waives the 30-day operative                      public in accordance with the                         Act of 1934 (‘‘Act’’),4 and Rule 19b–4
                                                    delay and designates the proposed rule                  provisions of 5 U.S.C. 552, will be                   thereunder,5 Investors Exchange LLC
                                                    change as operative upon filing.20                      available for Web site viewing and                    (‘‘IEX’’ or ‘‘Exchange’’) is filing with the
                                                       At any time within 60 days of the                    printing in the Commission’s Public                   Commission a proposed rule change to
                                                    filing of the proposed rule change, the                 Reference Room, 100 F Street NE.,                     amend Rule 11.152 to add provisions
                                                                                                            Washington, DC 20549, on official                     related to Market Maker withdrawals of
                                                    Commission summarily may
                                                                                                            business days between the hours of                    quotations in securities listed on IEX,
                                                    temporarily suspend such rule change if
                                                                                                            10:00 a.m. and 3:00 p.m. Copies of the                remove an incorrect cross reference in
                                                    it appears to the Commission that such
                                                                                                            filing also will be available for                     paragraph (c), and to correct a
                                                    action is: (1) Necessary or appropriate in                                                                    typographical error in a cross-reference
                                                    the public interest; (2) for the protection             inspection and copying at the principal
                                                                                                                                                                  in paragraph (d). The Exchange has
                                                    of investors; or (3) otherwise in                       office of the Exchange. All comments
                                                                                                                                                                  designated this proposal as ‘‘non-
                                                    furtherance of the purposes of the Act.                 received will be posted without change.
                                                                                                                                                                  controversial’’ and provided the
                                                    If the Commission takes such action, the                Persons submitting comments are
                                                                                                                                                                  Commission with the notice required by
                                                    Commission shall institute proceedings                  cautioned that we do not redact or edit               Rule 19b–4(f)(6)(iii) under the Act.6 The
                                                    to determine whether the proposed rule                  personal identifying information from                 text of the proposed rule change is
                                                    should be approved or disapproved.                      comment submissions. You should                       available at the Exchange’s Web site at
                                                                                                            submit only information that you wish                 www.iextrading.com, at the principal
                                                    IV. Solicitation of Comments                            to make available publicly. All                       office of the Exchange, and at the
                                                      Interested persons are invited to                     submissions should refer to File                      Commission’s Public Reference Room.
                                                    submit written data, views, and                         Number SR–BatsEDGX–2017–39 and
                                                                                                            should be submitted on or before                      II. Self-Regulatory Organization’s
                                                    arguments concerning the foregoing,                                                                           Statement of the Purpose of, and
                                                    including whether the proposed rule                     November 17, 2017.
                                                                                                                                                                  Statutory Basis for, the Proposed Rule
                                                    change is consistent with the Act.                        For the Commission, by the Division of              Change
                                                    Comments may be submitted by any of
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                            Trading and Markets, pursuant to delegated
                                                    the following methods:                                  authority.21                                            In its filing with the Commission, the
                                                                                                                                                                  self-regulatory organization included
                                                                                                            Eduardo A. Aleman,
                                                      18 17  CFR 240.19b–4(f)(6).                           Assistant Secretary.                                    1 15 U.S.C. 78s(b)(1).
                                                      19 17  CFR 240.19b–4(f)(6)(iii).
                                                       20 For purposes only of waiving the 30-day
                                                                                                            [FR Doc. 2017–23373 Filed 10–26–17; 8:45 am]            2 15 U.S.C. 78a.
                                                                                                                                                                    3 17 CFR 240.19b–4.
                                                    operative delay, the Commission has also                BILLING CODE 8011–01–P
                                                                                                                                                                    4 15 U.S.C. 78s(b)(1).
                                                    considered the proposed rule’s impact on
                                                                                                                                                                    5 17 CFR 240.19b–4.
                                                    efficiency, competition, and capital formation. See
                                                    15 U.S.C. 78c(f).                                         21 17   CFR 200.30–3(a)(12).                          6 17 CFR 240.19b–4(f)(6)(iii).




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Document Created: 2017-10-27 02:05:52
Document Modified: 2017-10-27 02:05:52
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 49912 

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