82_FR_50924 82 FR 50714 - Self-Regulatory Organizations; NASDAQ BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to Remove References To Surrender Feature for Auto-Match Submissions in the Price Improvement Auction

82 FR 50714 - Self-Regulatory Organizations; NASDAQ BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to Remove References To Surrender Feature for Auto-Match Submissions in the Price Improvement Auction

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 210 (November 1, 2017)

Page Range50714-50716
FR Document2017-23734

Federal Register, Volume 82 Issue 210 (Wednesday, November 1, 2017)
[Federal Register Volume 82, Number 210 (Wednesday, November 1, 2017)]
[Notices]
[Pages 50714-50716]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-23734]


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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81953; File No. SR-BX-2017-044]


Self-Regulatory Organizations; NASDAQ BX, Inc.; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change to Remove 
References To Surrender Feature for Auto-Match Submissions in the Price 
Improvement Auction

October 26, 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 October 16, 2017, NASDAQ BX, Inc. (``BX'' or ``Exchange'') filed 
with the Securities and Exchange Commission (``SEC'' or ``Commission'') 
the proposed rule change as described in Items I, II, and III, 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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to modify BX rules at Chapter VI, Section 9, 
entitled ``Price Improvement Auction (``PRISM'')'' to correct an error.
    The text of the proposed rule change is available on the Exchange's 
Web site at http://nasdaqbx.cchwallstreet.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.

[[Page 50715]]

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

1. Purpose
    The Exchange filed a proposed rule change to establish a price 
improvement mechanism.\3\ By way of background, this price improvement 
mechanism or ``PRISM'' includes auto-match functionality in which a 
Participant (an ``Initiating Participant'') may electronically submit 
for execution an order it represents as agent on behalf of a Public 
Customer, Professional customer, broker dealer, or any other entity 
(``PRISM Order'') against principal interest or against any other order 
it represents as agent (an ``Initiating Order'') provided it submits 
the PRISM Order for electronic execution into the PRISM Auction 
(``Auction'') pursuant to the proposed Rule.\4\ To initiate the 
Auction, the Initiating Participant must mark the PRISM Order for 
Auction processing, and specify either: (a) A single price at which it 
seeks to execute the PRISM Order (a ``stop price''); (b) that it is 
willing to automatically match as principal or as agent on behalf of an 
Initiating Order the price and size of all PRISM Auction Notifications 
(``PAN'') responses, and trading interest (``auto-match'') in which 
case the PRISM Order will be stopped at the NBBO on the Initiating 
Order side; \5\ or (c) that it is willing to either: (i) Stop the 
entire order at a single stop price and auto-match PAN responses and 
trading interest at a price or prices that improve the stop price to a 
specified price (a ``No Worse Than'' or ``NWT'' price); (ii) stop the 
entire order at a single stop price and auto-match all PAN responses 
and trading interest at or better than the stop price; or (iii) stop 
the entire order at the NBBO on the Initiating Order side, and auto-
match PAN responses and trading interest at a price or prices that 
improve the stop price up to the NWT price. In all cases, if the BX BBO 
on the same side of the market as the PRISM Order represents a limit 
order on the book, the stop price must be at least the Minimum 
Increment better than the booked limit order's limit price.
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 76301 (October 29, 
2015), 80 FR 68347 (November 4, 2015) (SR-BX-2015-032).
    \4\ BX only conducts auctions for Simple Orders. Only one 
Auction may be conducted at a time in any given series. Once 
commenced, an Auction may not be cancelled.
    \5\ This is accomplished by marking the Initiating Order with a 
market (MKT) price.
---------------------------------------------------------------------------

    When starting an Auction, the Initiating Participant may submit the 
Initiating Order with a designation of ``surrender'' to other PRISM 
Participants (``Surrender''), which will result in the Initiating 
Participant forfeiting priority and trade allocation privileges. If 
Surrender is specified the Initiating Order will only trade if there is 
not enough interest available to fully execute the PRISM Order at 
prices which are equal to or improve upon the stop price.\6\ At the 
time the Exchange filed to permit Surrender within the BX PRISM 
auction,\7\ the rule text at Chapter VI, Section 9(ii)(A)(1) provided 
that, ``When starting an Auction, the Initiating Participant may submit 
the Initiating Order with a designation of ``surrender'' to the other 
PRISM Participants (``Surrender'') which will result in the Initiating 
Participant forfeiting the priority and trade allocation privileges 
which he is otherwise entitled to as per Section 9(ii)(E)(2)(a) and (b) 
and Section 9(ii)(F)(2)(a) and (b).'' Section 9(ii)(E)(2)(b) and 
Section 9(ii)(F)(2)(b) refer to the auto-match functionality. The 
Exchange has not offered Surrender with respect to auto-match. The 
Exchange does not believe that auto-match is suitable for Surrender. By 
definition the purpose of the auto-match feature is that the Initiating 
Participant is going to match all responses and seek a greater 
allocation. This language is at odds with the Surrender feature where 
the Initiating Participant is not seeking allocation. Depending on the 
option selected, the Initiating Participant may elect in the single 
stop option selection to give up the allocation priority, if Surrender 
is selected,\8\ or with the auto-match option the Initiating 
Participant will only be allocated the remainder in accordance with the 
allocation percentages in Section 9(ii)(E)(2)(b).\9\ This similarly 
applies to Section 9(ii)(F)(2)(b).\10\
---------------------------------------------------------------------------

    \6\ Surrender is not applied if both the Initiating Order and 
PRISM Order are Public Customer Orders.
    \7\ See note 3 above.
    \8\ See Chapter VI, Section 9(ii)(E)(2)(a) and Section 
9(ii)(F)(2)(a).
    \9\ See Chapter VI, Section 9(ii)(E)(2)(b), which states, ``If 
the Initiating Participant selected the auto-match option of the 
PRISM Auction the Initiating Participant shall be allocated an equal 
number of contracts as the aggregate size of all other quotes, 
orders and PAN responses at each price point until a price point is 
reached where the balance of the order can be fully executed, except 
that the Initiating Participant shall be entitled to receive up to 
40% (multiple competing quotes, orders or PAN responses) or 50% (one 
competing quote, order or PAN response) of the contracts remaining 
at the final price point (including situations where the stop price 
is the final price) after Public Customer interest has been 
satisfied but before remaining interest. If there are other quotes, 
orders and PAN responses at the final price point the contracts will 
be allocated to such interest pursuant to Chapter VI, Section 
9(ii)(E)(3) through (5) below. Any remaining contracts shall be 
allocated to the Initiating Participant.'' There is no reference to 
the Surrender provision in this paragraph similar to reference at 
Chapter VI, Section 9(ii)(E)(2)(a).
    \10\ See Chapter VI, Section 9(ii)(F)(2)(b), which states, ``If 
the Initiating Participant selected the auto-match option of the 
PRISM Auction the Initiating Participant shall be allocated an equal 
number of contracts as the aggregate size of all other quotes, 
orders and PAN responses at each price point until a price point is 
reached where the balance of the order can be fully executed, except 
that the Initiating Participant shall be entitled to receive up to 
40% (multiple competing quotes, orders or PAN responses) or 50% (one 
competing quote, order or PAN response) of the contracts remaining 
at the final price point (including situations where the stop price 
is the final price), after Public Customer interest has been 
satisfied but before remaining interest. If there are other quotes, 
orders and PAN responses at the final price point the contracts will 
be allocated to such interest pursuant to Chapter VI, Section 
9(ii)(F)(3) through (4) below. Any remaining contracts shall be 
allocated to the Initiating Participant.'' There is no reference to 
the Surrender provision in this paragraph similar to reference at 
Chapter VI, Section 9(ii)(F)(2)(a).
---------------------------------------------------------------------------

    The Exchange inadvertently included the references to Section 
9(ii)(E)(2)(b) and Section 9(ii)(F)(2)(b) when discussing Surrender. 
Surrender only applies to the single stop price feature. The Exchange 
proposes to amend its rule text to update its rules to delete these 
references to make the rule text accurate.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act,\11\ in general, and furthers the objectives of Section 
6(b)(5) of the Act,\12\ 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, by updating references in the PRISM rule which indicate 
Surrender applies to the auto-match feature. The Exchange inadvertently 
referenced the auto-match feature. The Surrender feature only applies 
to the single stop price feature. The Exchange does not believe that 
auto-match is suitable for Surrender. By definition the purpose of the 
auto-match feature is that the Initiating Participant is going to match 
all responses and seek a greater allocation. This language is at odds 
with the Surrender feature where the Initiating Participant is not 
seeking allocation. The Exchange believes that correcting the rule text 
to remove the references to auto-match will perfect the mechanism of a 
free and open market and a national market system, and, in

[[Page 50716]]

general to protect investors and the public interest, by updating these 
references to the BX PRISM rule. This amendment will correct the 
references within the BX PRISM rule to make clear the manner in which 
the auction operates.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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 not necessary or appropriate in 
furtherance of the purposes of the Act. The Exchange inadvertently 
referenced the auto-match feature as applicable to Surrender provision. 
No BX Participant is able today to utilize the Surrender feature when 
selecting auto-match. This amendment will correct the references within 
the BX PRISM rule to make clear the manner in which the auction 
operates.

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 \13\ and 
subparagraph (f)(6) of Rule 19b-4 thereunder.\14\
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \14\ 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.
---------------------------------------------------------------------------

    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-BX-2017-044 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-BX-2017-044. 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-BX-2017-044 and should be 
submitted on or before November 22, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\15\
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-23734 Filed 10-31-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                50714                      Federal Register / Vol. 82, No. 210 / Wednesday, November 1, 2017 / Notices

                                                operative documents accurately reflect                      • Send an email to rule-comments@                   SECURITIES AND EXCHANGE
                                                the new legal names, the proposed rule                    sec.gov. Please include File Number SR–               COMMISSION
                                                change would reduce potential investor                    BatsBZX–2017–70 on the subject line.
                                                or market participant confusion.                                                                                [Release No. 34–81953; File No. SR–BX–
                                                                                                          Paper Comments
                                                B. Self-Regulatory Organization’s                                                                               2017–044]
                                                Statement on Burden on Competition                          • Send paper comments in triplicate
                                                                                                          to Brent J. Fields, Secretary, Securities             Self-Regulatory Organizations;
                                                  The Exchange does not believe that                      and Exchange Commission, 100 F Street                 NASDAQ BX, Inc.; Notice of Filing and
                                                the proposed rule change will impose                                                                            Immediate Effectiveness of Proposed
                                                                                                          NE., Washington, DC 20549–1090.
                                                any burden on competition that is not                                                                           Rule Change to Remove References To
                                                necessary or appropriate in furtherance                   All submissions should refer to File                  Surrender Feature for Auto-Match
                                                of the purposes of the Act. The                           Number SR–BatsBZX–2017–70. This file                  Submissions in the Price Improvement
                                                proposed rule change is not intended to                   number should be included on the                      Auction
                                                address competitive issues but rather is                  subject line if email is used. To help the
                                                concerned solely with updating the                        Commission process and review your                    October 26, 2017.
                                                Company’s and Exchange’s governance                       comments more efficiently, please use
                                                and operative documents to reflect the                                                                             Pursuant to Section 19(b)(1) of the
                                                                                                          only one method. The Commission will                  Securities Exchange Act of 1934
                                                abovementioned name changes.                              post all comments on the Commission’s                 (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                C. Self-Regulatory Organization’s                         Internet Web site (http://www.sec.gov/                notice is hereby given that on October
                                                Statement on Comments on the                              rules/sro.shtml). Copies of the                       16, 2017, NASDAQ BX, Inc. (‘‘BX’’ or
                                                Proposed Rule Change Received From                        submission, all subsequent                            ‘‘Exchange’’) filed with the Securities
                                                Members, Participants, or Others                          amendments, all written statements                    and Exchange Commission (‘‘SEC’’ or
                                                                                                          with respect to the proposed rule                     ‘‘Commission’’) the proposed rule
                                                  The Exchange neither solicited nor
                                                                                                          change that are filed with the                        change as described in Items I, II, and
                                                received comments on the proposed
                                                                                                          Commission, and all written                           III, below, which Items have been
                                                rule change.
                                                                                                          communications relating to the                        prepared by the Exchange. The
                                                III. Date of Effectiveness of the                         proposed rule change between the                      Commission is publishing this notice to
                                                Proposed Rule Change and Timing for                       Commission and any person, other than                 solicit comments on the proposed rule
                                                Commission Action                                         those that may be withheld from the                   change from interested persons.
                                                   Pursuant to Section 19(b)(3)(A) of the                 public in accordance with the
                                                Act 8 and Rule 19b–4(f)(3) thereunder,9                   provisions of 5 U.S.C. 552, will be                   I. Self-Regulatory Organization’s
                                                the Exchange has designated this                          available for Web site viewing and                    Statement of the Terms of Substance of
                                                proposal as one that is concerned solely                  printing in the Commission’s Public                   the Proposed Rule Change
                                                with the administration of the self-                      Reference Room, 100 F Street NE.,
                                                                                                                                                                   The Exchange proposes to modify BX
                                                regulatory organization, and therefore                    Washington, DC 20549, on official
                                                                                                                                                                rules at Chapter VI, Section 9, entitled
                                                has become effective.                                     business days between the hours of
                                                                                                                                                                ‘‘Price Improvement Auction
                                                   At any time within 60 days of the                      10:00 a.m. and 3:00 p.m. Copies of the
                                                                                                                                                                (‘‘PRISM’’)’’ to correct an error.
                                                filing of the proposed rule change, the                   filing also will be available for
                                                Commission summarily may                                  inspection and copying at the principal                  The text of the proposed rule change
                                                temporarily suspend such rule change if                   office of the Exchange. All comments                  is available on the Exchange’s Web site
                                                it appears to the Commission that such                    received will be posted without change.               at http://nasdaqbx.cchwallstreet.com/,
                                                action is necessary or appropriate in the                 Persons submitting comments are                       at the principal office of the Exchange,
                                                public interest, for the protection of                    cautioned that we do not redact or edit               and at the Commission’s Public
                                                investors, or otherwise in furtherance of                 personal identifying information from                 Reference Room.
                                                the purposes of the Act. If the                           comment submissions. You should                       II. Self-Regulatory Organization’s
                                                Commission takes such action, the                         submit only information that you wish
                                                Commission will institute proceedings                                                                           Statement of the Purpose of, and
                                                                                                          to make available publicly. All                       Statutory Basis for, the Proposed Rule
                                                to determine whether the proposed rule                    submissions should refer to File
                                                change should be approved or                                                                                    Change
                                                                                                          Number SR–BatsBZX–2017–70 and
                                                disapproved.                                              should be submitted on or before                        In its filing with the Commission, the
                                                IV. Solicitation of Comments                              November 22, 2017.                                    Exchange included statements
                                                                                                            For the Commission, by the Division of              concerning the purpose of and basis for
                                                  Interested persons are invited to
                                                                                                          Trading and Markets, pursuant to delegated            the proposed rule change and discussed
                                                submit written data, views, and
                                                                                                          authority.10                                          any comments it received on the
                                                arguments concerning the foregoing,
                                                including whether the proposed rule                       Eduardo A. Aleman,                                    proposed rule change. The text of these
                                                change is consistent with the Act.                                                                              statements may be examined at the
                                                                                                          Assistant Secretary.
                                                Comments may be submitted by any of                                                                             places specified in Item IV below. The
                                                                                                          [FR Doc. 2017–23738 Filed 10–31–17; 8:45 am]
                                                the following methods:                                                                                          Exchange has prepared summaries, set
                                                                                                          BILLING CODE 8011–01–P
                                                                                                                                                                forth in sections A, B, and C below, of
sradovich on DSK3GMQ082PROD with NOTICES




                                                Electronic Comments                                                                                             the most significant aspects of such
                                                  • Use the Commission’s Internet                                                                               statements.
                                                comment form (http://www.sec.gov/
                                                rules/sro.shtml); or

                                                  8 15                                                                                                            1 15   U.S.C. 78s(b)(1).
                                                         U.S.C. 78s(b)(3)(A).
                                                  9 17   CFR 240.19b–4(f)(3).                               10 17   CFR 200.30–3(a)(12).                          2 17   CFR 240.19b–4.



                                           VerDate Sep<11>2014     18:16 Oct 31, 2017   Jkt 244001   PO 00000   Frm 00107   Fmt 4703   Sfmt 4703   E:\FR\FM\01NON1.SGM    01NON1


                                                                         Federal Register / Vol. 82, No. 210 / Wednesday, November 1, 2017 / Notices                                                          50715

                                                A. Self-Regulatory Organization’s                       Initiating Order with a designation of                    This similarly applies to Section
                                                Statement of the Purpose of, and                        ‘‘surrender’’ to other PRISM Participants                 9(ii)(F)(2)(b).10
                                                Statutory Basis for, the Proposed Rule                  (‘‘Surrender’’), which will result in the                   The Exchange inadvertently included
                                                Change                                                  Initiating Participant forfeiting priority                the references to Section 9(ii)(E)(2)(b)
                                                                                                        and trade allocation privileges. If                       and Section 9(ii)(F)(2)(b) when
                                                1. Purpose
                                                                                                        Surrender is specified the Initiating                     discussing Surrender. Surrender only
                                                   The Exchange filed a proposed rule                   Order will only trade if there is not                     applies to the single stop price feature.
                                                change to establish a price improvement                 enough interest available to fully                        The Exchange proposes to amend its
                                                mechanism.3 By way of background,                       execute the PRISM Order at prices                         rule text to update its rules to delete
                                                this price improvement mechanism or                     which are equal to or improve upon the                    these references to make the rule text
                                                ‘‘PRISM’’ includes auto-match                           stop price.6 At the time the Exchange                     accurate.
                                                functionality in which a Participant (an                filed to permit Surrender within the BX
                                                ‘‘Initiating Participant’’) may                                                                                   2. Statutory Basis
                                                                                                        PRISM auction,7 the rule text at Chapter
                                                electronically submit for execution an                  VI, Section 9(ii)(A)(1) provided that,                       The Exchange believes that its
                                                order it represents as agent on behalf of               ‘‘When starting an Auction, the                           proposal is consistent with Section 6(b)
                                                a Public Customer, Professional                         Initiating Participant may submit the                     of the Act,11 in general, and furthers the
                                                customer, broker dealer, or any other                   Initiating Order with a designation of                    objectives of Section 6(b)(5) of the Act,12
                                                entity (‘‘PRISM Order’’) against                        ‘‘surrender’’ to the other PRISM                          in particular, in that it is designed to
                                                principal interest or against any other                 Participants (‘‘Surrender’’) which will                   promote just and equitable principles of
                                                order it represents as agent (an                        result in the Initiating Participant                      trade, to remove impediments to and
                                                ‘‘Initiating Order’’) provided it submits               forfeiting the priority and trade                         perfect the mechanism of a free and
                                                the PRISM Order for electronic                          allocation privileges which he is                         open market and a national market
                                                execution into the PRISM Auction                        otherwise entitled to as per Section                      system, and, in general to protect
                                                (‘‘Auction’’) pursuant to the proposed                  9(ii)(E)(2)(a) and (b) and Section                        investors and the public interest, by
                                                Rule.4 To initiate the Auction, the                     9(ii)(F)(2)(a) and (b).’’ Section                         updating references in the PRISM rule
                                                Initiating Participant must mark the                    9(ii)(E)(2)(b) and Section 9(ii)(F)(2)(b)                 which indicate Surrender applies to the
                                                PRISM Order for Auction processing,                     refer to the auto-match functionality.                    auto-match feature. The Exchange
                                                and specify either: (a) A single price at               The Exchange has not offered Surrender                    inadvertently referenced the auto-match
                                                which it seeks to execute the PRISM                     with respect to auto-match. The                           feature. The Surrender feature only
                                                Order (a ‘‘stop price’’); (b) that it is                Exchange does not believe that auto-                      applies to the single stop price feature.
                                                willing to automatically match as                       match is suitable for Surrender. By                       The Exchange does not believe that
                                                principal or as agent on behalf of an                   definition the purpose of the auto-match                  auto-match is suitable for Surrender. By
                                                Initiating Order the price and size of all              feature is that the Initiating Participant                definition the purpose of the auto-match
                                                PRISM Auction Notifications (‘‘PAN’’)                   is going to match all responses and seek                  feature is that the Initiating Participant
                                                responses, and trading interest (‘‘auto-                a greater allocation. This language is at                 is going to match all responses and seek
                                                match’’) in which case the PRISM Order                  odds with the Surrender feature where                     a greater allocation. This language is at
                                                will be stopped at the NBBO on the                      the Initiating Participant is not seeking                 odds with the Surrender feature where
                                                Initiating Order side; 5 or (c) that it is              allocation. Depending on the option                       the Initiating Participant is not seeking
                                                willing to either: (i) Stop the entire                  selected, the Initiating Participant may                  allocation. The Exchange believes that
                                                order at a single stop price and auto-                  elect in the single stop option selection                 correcting the rule text to remove the
                                                match PAN responses and trading                         to give up the allocation priority, if                    references to auto-match will perfect the
                                                interest at a price or prices that improve              Surrender is selected,8 or with the auto-                 mechanism of a free and open market
                                                the stop price to a specified price (a ‘‘No             match option the Initiating Participant                   and a national market system, and, in
                                                Worse Than’’ or ‘‘NWT’’ price); (ii) stop               will only be allocated the remainder in
                                                the entire order at a single stop price                 accordance with the allocation                            allocated to the Initiating Participant.’’ There is no
                                                and auto-match all PAN responses and                                                                              reference to the Surrender provision in this
                                                                                                        percentages in Section 9(ii)(E)(2)(b).9                   paragraph similar to reference at Chapter VI,
                                                trading interest at or better than the stop                                                                       Section 9(ii)(E)(2)(a).
                                                price; or (iii) stop the entire order at the               6 Surrender is not applied if both the Initiating         10 See Chapter VI, Section 9(ii)(F)(2)(b), which

                                                NBBO on the Initiating Order side, and                  Order and PRISM Order are Public Customer                 states, ‘‘If the Initiating Participant selected the
                                                auto-match PAN responses and trading                    Orders.                                                   auto-match option of the PRISM Auction the
                                                                                                           7 See note 3 above.                                    Initiating Participant shall be allocated an equal
                                                interest at a price or prices that improve                 8 See Chapter VI, Section 9(ii)(E)(2)(a) and Section   number of contracts as the aggregate size of all other
                                                the stop price up to the NWT price. In                  9(ii)(F)(2)(a).                                           quotes, orders and PAN responses at each price
                                                all cases, if the BX BBO on the same                       9 See Chapter VI, Section 9(ii)(E)(2)(b), which        point until a price point is reached where the
                                                side of the market as the PRISM Order                   states, ‘‘If the Initiating Participant selected the      balance of the order can be fully executed, except
                                                represents a limit order on the book, the               auto-match option of the PRISM Auction the                that the Initiating Participant shall be entitled to
                                                                                                        Initiating Participant shall be allocated an equal        receive up to 40% (multiple competing quotes,
                                                stop price must be at least the Minimum                                                                           orders or PAN responses) or 50% (one competing
                                                                                                        number of contracts as the aggregate size of all other
                                                Increment better than the booked limit                  quotes, orders and PAN responses at each price            quote, order or PAN response) of the contracts
                                                order’s limit price.                                    point until a price point is reached where the            remaining at the final price point (including
                                                   When starting an Auction, the                        balance of the order can be fully executed, except        situations where the stop price is the final price),
                                                                                                        that the Initiating Participant shall be entitled to      after Public Customer interest has been satisfied but
                                                Initiating Participant may submit the                                                                             before remaining interest. If there are other quotes,
                                                                                                        receive up to 40% (multiple competing quotes,
                                                                                                        orders or PAN responses) or 50% (one competing            orders and PAN responses at the final price point
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                                                  3 See Securities Exchange Act Release No. 76301                                                                 the contracts will be allocated to such interest
                                                                                                        quote, order or PAN response) of the contracts
                                                (October 29, 2015), 80 FR 68347 (November 4, 2015)      remaining at the final price point (including             pursuant to Chapter VI, Section 9(ii)(F)(3) through
                                                (SR–BX–2015–032).                                       situations where the stop price is the final price)       (4) below. Any remaining contracts shall be
                                                  4 BX only conducts auctions for Simple Orders.
                                                                                                        after Public Customer interest has been satisfied but     allocated to the Initiating Participant.’’ There is no
                                                Only one Auction may be conducted at a time in          before remaining interest. If there are other quotes,     reference to the Surrender provision in this
                                                any given series. Once commenced, an Auction may        orders and PAN responses at the final price point         paragraph similar to reference at Chapter VI,
                                                not be cancelled.                                       the contracts will be allocated to such interest          Section 9(ii)(F)(2)(a).
                                                  5 This is accomplished by marking the Initiating                                                                   11 15 U.S.C. 78f(b).
                                                                                                        pursuant to Chapter VI, Section 9(ii)(E)(3) through
                                                Order with a market (MKT) price.                        (5) below. Any remaining contracts shall be                  12 15 U.S.C. 78f(b)(5).




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                                                50716                      Federal Register / Vol. 82, No. 210 / Wednesday, November 1, 2017 / Notices

                                                general to protect investors and the                      IV. Solicitation of Comments                           For the Commission, by the Division of
                                                public interest, by updating these                                                                             Trading and Markets, pursuant to delegated
                                                references to the BX PRISM rule. This                       Interested persons are invited to                  authority.15
                                                amendment will correct the references                     submit written data, views, and                      Eduardo A. Aleman,
                                                within the BX PRISM rule to make clear                    arguments concerning the foregoing,                  Assistant Secretary.
                                                the manner in which the auction                           including whether the proposed rule                  [FR Doc. 2017–23734 Filed 10–31–17; 8:45 am]
                                                operates.                                                 change is consistent with the Act.                   BILLING CODE 8011–01–P
                                                                                                          Comments may be submitted by any of
                                                B. Self-Regulatory Organization’s
                                                                                                          the following methods:
                                                Statement on Burden on Competition                                                                             SECURITIES AND EXCHANGE
                                                   The Exchange does not believe that                     Electronic Comments                                  COMMISSION
                                                the proposed rule change will impose                        • Use the Commission’s Internet                    [Release No. 34–81957; File No. SR–
                                                any burden on competition not                             comment form (http://www.sec.gov/                    BatsEDGA–2017–28]
                                                necessary or appropriate in furtherance                   rules/sro.shtml); or
                                                of the purposes of the Act. The                                                                                Self-Regulatory Organizations; Bats
                                                Exchange inadvertently referenced the                       • Send an email to rule-comments@                  EDGA Exchange, Inc.; Notice of Filing
                                                auto-match feature as applicable to                       sec.gov. Please include File Number SR–              and Immediate Effectiveness of a
                                                Surrender provision. No BX Participant                    BX–2017–044 on the subject line.                     Proposed Rule Change To Reflect in
                                                is able today to utilize the Surrender                    Paper Comments                                       the Exchange’s Governing Documents,
                                                feature when selecting auto-match. This                                                                        Rulebook and Fee Schedule, a Non-
                                                amendment will correct the references                       • Send paper comments in triplicate                Substantive Corporate Branding
                                                within the BX PRISM rule to make clear                    to Brent J. Fields, Secretary, Securities            Change, Including Changes to the
                                                the manner in which the auction                           and Exchange Commission, 100 F Street                Company’s Name, the Intermediate’s
                                                operates.                                                 NE., Washington, DC 20549–1090.                      Name, and the Exchange’s Name
                                                C. Self-Regulatory Organization’s                         All submissions should refer to File                 October 26, 2017.
                                                Statement on Comments on the                              Number SR–BX–2017–044. This file                        Pursuant to Section 19(b)(1) of the
                                                Proposed Rule Change Received From                        number should be included on the                     Securities Exchange Act of 1934 (the
                                                Members, Participants, or Others                          subject line if email is used. To help the           ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                  No written comments were either                         Commission process and review your                   notice is hereby given that on October
                                                solicited or received.                                    comments more efficiently, please use                16, 2017, Bats EDGA Exchange, Inc. (the
                                                                                                          only one method. The Commission will                 ‘‘Exchange’’ or ‘‘EDGA’’) filed with the
                                                III. Date of Effectiveness of the                                                                              Securities and Exchange Commission
                                                Proposed Rule Change and Timing for                       post all comments on the Commission’s
                                                                                                          Internet Web site (http://www.sec.gov/               (‘‘Commission’’) the proposed rule
                                                Commission Action                                                                                              change as described in Items I and II
                                                                                                          rules/sro.shtml). Copies of the
                                                   Because the foregoing proposed rule                                                                         below, which Items have been prepared
                                                                                                          submission, all subsequent
                                                change does not: (i) Significantly affect                                                                      by the Exchange. The Commission is
                                                                                                          amendments, all written statements
                                                the protection of investors or the public                                                                      publishing this notice to solicit
                                                                                                          with respect to the proposed rule
                                                interest; (ii) impose any significant                                                                          comments on the proposed rule change
                                                                                                          change that are filed with the                       from interested persons.
                                                burden on competition; and (iii) become
                                                operative for 30 days from the date on                    Commission, and all written
                                                                                                          communications relating to the                       I. Self-Regulatory Organization’s
                                                which it was filed, or such shorter time                                                                       Statement of the Terms of Substance of
                                                as the Commission may designate, it has                   proposed rule change between the
                                                                                                          Commission and any person, other than                the Proposed Rule Change
                                                become effective pursuant to Section
                                                19(b)(3)(A)(iii) of the Act 13 and                        those that may be withheld from the                     The Exchange proposes a rule change
                                                subparagraph (f)(6) of Rule 19b–4                         public in accordance with the                        with respect to amendments of the
                                                thereunder.14                                             provisions of 5 U.S.C. 552, will be                  Second Amended and Restated
                                                   At any time within 60 days of the                      available for Web site viewing and                   Certificate of Incorporation (the
                                                filing of the proposed rule change, the                   printing in the Commission’s Public                  ‘‘Company’s Certificate’’) and Third
                                                Commission summarily may                                  Reference Room, 100 F Street NE.,                    Amended and Restated Bylaws (the
                                                temporarily suspend such rule change if                   Washington, DC 20549, on official                    ‘‘Company’s Bylaws’’) of its parent
                                                it appears to the Commission that such                    business days between the hours of                   corporation, CBOE Holdings, Inc.
                                                action is: (i) Necessary or appropriate in                10:00 a.m. and 3:00 p.m. Copies of the               (‘‘CBOE Holdings’’ or the ‘‘Company’’)
                                                the public interest; (ii) for the protection              filing also will be available for                    to change the name of the Company to
                                                of investors; or (iii) otherwise in                       inspection and copying at the principal              Cboe Global Markets, Inc. With respect
                                                furtherance of the purposes of the Act.                   office of the Exchange. All comments                 to CBOE V, LLC, an intermediate
                                                If the Commission takes such action, the                  received will be posted without change.              Holding Company of the Exchange (the
                                                Commission shall institute proceedings                                                                         ‘‘Intermediate’’), the Exchange proposes
                                                                                                          Persons submitting comments are
                                                to determine whether the proposed rule                                                                         to amend the Certificate of Formation
                                                                                                          cautioned that we do not redact or edit
                                                should be approved or disapproved.                                                                             and Limited Liability Company
                                                                                                          personal identifying information from                Operating Agreement of CBOE V, LLC
                                                                                                          comment submissions. You should
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                                                  13 15  U.S.C. 78s(b)(3)(A)(iii).                                                                             (the ‘‘Operating Agreement’’), in
                                                  14 17
                                                                                                          submit only information that you wish                connection with a related name change
                                                         CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                                4(f)(6) requires a self-regulatory organization to give   to make available publicly. All                      for the Intermediate. The Exchange also
                                                the Commission written notice of its intent to file       submissions should refer to File                     proposes to amend its Second Amended
                                                the proposed rule change at least five business days      Number SR–BX–2017–044 and should
                                                prior to the date of filing of the proposed rule
                                                change, or such shorter time as designated by the         be submitted on or before November 22,                 15 17 CFR 200.30–3(a)(12).
                                                Commission. The Exchange has satisfied this               2017.                                                  1 15 U.S.C. 78s(b)(1).
                                                requirement.                                                                                                     2 17 CFR 240.19b–4.




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Document Created: 2017-11-01 02:02:48
Document Modified: 2017-11-01 02:02:48
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 50714 

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