82_FR_51135 82 FR 50924 - Self-Regulatory Organizations; Nasdaq MRX, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to an Optional Kill Switch Protection

82 FR 50924 - Self-Regulatory Organizations; Nasdaq MRX, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to an Optional Kill Switch Protection

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 211 (November 2, 2017)

Page Range50924-50926
FR Document2017-23827

Federal Register, Volume 82 Issue 211 (Thursday, November 2, 2017)
[Federal Register Volume 82, Number 211 (Thursday, November 2, 2017)]
[Notices]
[Pages 50924-50926]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-23827]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81969; File No. SR-MRX-2017-23]


Self-Regulatory Organizations; Nasdaq MRX, LLC; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change Relating to an 
Optional Kill Switch Protection

October 27, 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 18, 2017, Nasdaq MRX, LLC (``MRX'' or ``Exchange'') filed 
with the Securities and Exchange Commission (``SEC'' or ``Commission'') 
the proposed rule change as described in Items I and II below, which 
Items have been prepared by the Exchange. The Commission is publishing 
this notice to solicit comments on the proposed rule change from 
interested persons.
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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 the 
Substance of the Proposed Rule Change

    The Exchange proposes to memorialize an optional Kill Switch 
protection.\3\ The Kill Switch allows Members to cancel open orders and 
prevent new order submission.
---------------------------------------------------------------------------

    \3\ Today, this feature is offered to Members. MRX transitioned 
from its legacy trading system to INET, the current technology, in 
2017. While MRX offered this feature on its legacy system, the 
feature was not codified in the MRX Rulebook. At this time, the 
Exchange is codifying the Kill Switch feature to reflect the 
functionality.
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    The text of the proposed rule change is available on the Exchange's 
Web site at www.ise.com, at the principal office of the Exchange, and 
at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to memorialize its Kill Switch risk 
protection which is applicable to all Members at MRX Rule 711(d). The 
Kill Switch allows Members to cancel open orders and prevent new order 
submission. This feature provides Members with a powerful risk 
management tool for immediate control of their order activity.
    The Kill Switch is an optional tool that enables Members to 
initiate a message(s) \4\ [sic] to the trading system (``System'') to 
promptly cancel orders and restrict entry of new orders until re-entry 
has been enabled. Members may submit a request to the System to cancel 
orders for that Member. Members may not remove orders by symbol using 
the Kill Switch. The System will send an automated message to the 
Member when a Kill Switch request has been processed by the Exchange's 
System.\5\
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    \4\ Members are able to send a message to the Exchange to 
initiate the Kill Switch or they may contact the Exchange directly. 
A message to remove orders may be sent through FIX, OTTO or Precise.
    \5\ Opening Sweep Orders will also be cancelled. Consistent with 
current auction functionality, PIM auction orders and responses will 
not be cancelled. See MRX Rule 723. Other auctions orders and 
responses would cancel. Quotes are unaffected.
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    The Member must send a message to the Exchange to request the 
cancellation of all orders for the Member. The Member is unable to 
enter additional orders until re-entry has been enabled pursuant to 
subsection (d)(2) of Rule 711.
    Proposed subsection (d)(2) stipulates that after orders are 
cancelled by the Member utilizing the Kill Switch, the Member is unable 
to enter additional orders until the Member has made a request to the 
Exchange and Exchange staff has set a re-entry indicator to enable re-
entry.\6\ Once enabled for re-entry, the System will send a Re-entry 
Notification Message to the Member. The applicable Clearing Member for 
that Member also is notified of the re-entry into the System after 
orders are cancelled as a result of the Kill Switch, provided the 
Clearing Member has requested to receive such notification.
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    \6\ The Member must directly and verbally contact the Exchange 
to request the re-set.
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act \7\ in general, and furthers the objectives of Section 
6(b)(5) of the Act \8\ 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 memorializing a risk protection available to Exchange Members. This 
risk feature promotes policy goals of the Commission which has 
encouraged execution venues, exchange and non-exchange alike, to offer 
risk protection tools and other mechanisms to decrease risk and 
increase stability. The

[[Page 50925]]

Exchange believes that memorializing this feature will provide Members 
with specific information on cancelling orders.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The individual firm benefits of enhanced risk protections flow 
downstream to counter-parties both at the Exchange and at other options 
exchanges, thereby increasing systemic protections as well. This risk 
feature allows Members to enter orders without fear of inadvertent 
exposure to excessive risk, which in turn benefits investors through 
increased liquidity for the execution of their orders, thereby 
protecting investors and the public interest. By memorializing the 
features in this rule change, Members are aware of the impact of 
utilizing this risk tool.
    This optional risk tool as noted above is offered to all Members. 
The Exchange further represents that its proposal operates consistently 
with the firm quote obligations of a broker-dealer pursuant to Rule 602 
of Regulation NMS and that the functionality is not mandatory. 
Specifically, any interest that is executable against a Member's orders 
that are received \9\ by the Exchange, prior to the time the Kill 
Switch is processed by the System, will automatically execute at the 
price up to the Member's size prior to the removal of orders from the 
System as a result of the Kill Switch. The Kill Switch message is 
accepted by the System in the order of receipt in the queue and is 
processed in that order so that interest that is already accepted into 
the System is processed prior to the Kill Switch message.
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    \9\ The time of receipt for an order is the time such message is 
processed by the Exchange Order Book.
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    With respect to providing information regarding the cancellation of 
orders as a result of the Kill Switch to the Clearing Member, each 
Member that transacts through a Clearing Member on the Exchange accepts 
financial responsibility for all Exchange transactions made by the 
Member on whose behalf the Clearing Member agrees to clear.\10\ The 
Exchange believes that because Clearing Members guarantee all 
transactions on behalf of a Member, and therefore bear the risk 
associated with those transactions, it is appropriate for Clearing 
Members to have knowledge of the utilization by the member [sic] of the 
Kill Switch, should the Clearing Member request such notification.
---------------------------------------------------------------------------

    \10\ See MRX Rule 808(b).
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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 proposal does not impose an 
undue burden on intra-market competition because all Members may avail 
themselves of the Kill Switch. The Kill Switch functionality is 
optional. The proposed rule change protects Members in the event the 
Member is suffering from a systems issue or from the occurrence of 
unusual or unexpected market activity that would require them to 
withdraw from the market in order to protect investors. Utilizing this 
Kill Switch will permit the Member to protect itself from inadvertent 
exposure to excessive risk. Reducing such risk will enable Members to 
enter orders without fear of inadvertent exposure to excessive risk, 
which in turn will benefit investors through increased liquidity for 
the execution of their orders. Such increased liquidity benefits 
investors because they receive better prices and because it lowers 
volatility in the options market. For these reasons, the Exchange does 
not believe this proposal imposes an undue burden on inter-market 
competition because other exchanges offer the same functionality, which 
is being memorialized herein.

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 \11\ and 
subparagraph (f)(6) of Rule 19b-4 thereunder.\12\
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    \11\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \12\ 17 CFR 240.19b-4(f)(6).
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    A proposed rule change filed under Rule 19b-4(f)(6) normally does 
not become operative before 30 days from the date of the filing. 
However, pursuant to Rule 19b-4(f)(6)(iii),\13\ the Commission may 
designate a shorter time if such action is consistent with the 
protection of investors and the public interest.
---------------------------------------------------------------------------

    \13\ 17 CFR 240.19b-4(f)(6)(iii).
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    The Exchange has asked the Commission to waive the 30-day operative 
delay. The Commission believes that waiving the 30-day operative delay 
is consistent with the protection of investors and the public interest 
because the proposal is similar to the rules of other options exchanges 
and the Exchange's proposal does not raise any new or novel issues. 
Therefore, the Commission hereby waives the 30-day operative delay and 
designates the proposed rule change to be operative upon filing with 
the Commission.\14\
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    \14\ For purposes only of waiving the operative delay for this 
proposal, the Commission has considered the proposed rule's impact 
on efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
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    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is: (i) 
Necessary or appropriate in the public interest; (ii) for the 
protection of investors; or (iii) otherwise in furtherance of the 
purposes of the Act. If the Commission takes such action, the 
Commission shall institute proceedings to determine whether the 
proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-MRX-2017-23 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-MRX-2017-23. 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

[[Page 50926]]

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-MRX-
2017-23, and should be submitted on or before November 24, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\15\
Eduardo A. Aleman,
Assistant Secretary.
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    \15\ 17 CFR 200.30-3(a)(12).
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[FR Doc. 2017-23827 Filed 11-1-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                    50924                        Federal Register / Vol. 82, No. 211 / Thursday, November 2, 2017 / Notices

                                                    Commission, 100 F Street NE.,                             (‘‘Act’’),1 and Rule 19b–4 thereunder,2                     The Kill Switch is an optional tool
                                                    Washington, DC 20549–1090.                                notice is hereby given that on October                   that enables Members to initiate a
                                                    All submissions should refer to File                      18, 2017, Nasdaq MRX, LLC (‘‘MRX’’ or                    message(s) 4 [sic] to the trading system
                                                    Number SR–Phlx–2017–79. This file                         ‘‘Exchange’’) filed with the Securities                  (‘‘System’’) to promptly cancel orders
                                                    number should be included on the                          and Exchange Commission (‘‘SEC’’ or                      and restrict entry of new orders until re-
                                                    subject line if email is used. To help the                ‘‘Commission’’) the proposed rule                        entry has been enabled. Members may
                                                    Commission process and review your                        change as described in Items I and II                    submit a request to the System to cancel
                                                    comments more efficiently, please use                     below, which Items have been prepared                    orders for that Member. Members may
                                                    only one method. The Commission will                      by the Exchange. The Commission is                       not remove orders by symbol using the
                                                    post all comments on the Commission’s                     publishing this notice to solicit                        Kill Switch. The System will send an
                                                    Internet Web site (http://www.sec.gov/                    comments on the proposed rule change                     automated message to the Member when
                                                    rules/sro.shtml). Copies of the                           from interested persons.                                 a Kill Switch request has been
                                                    submission, all subsequent                                                                                         processed by the Exchange’s System.5
                                                                                                              I. Self-Regulatory Organization’s                           The Member must send a message to
                                                    amendments, all written statements                        Statement of the Terms of the Substance
                                                    with respect to the proposed rule                                                                                  the Exchange to request the cancellation
                                                                                                              of the Proposed Rule Change                              of all orders for the Member. The
                                                    change that are filed with the
                                                    Commission, and all written                                  The Exchange proposes to                              Member is unable to enter additional
                                                    communications relating to the                            memorialize an optional Kill Switch                      orders until re-entry has been enabled
                                                    proposed rule change between the                          protection.3 The Kill Switch allows                      pursuant to subsection (d)(2) of Rule
                                                    Commission and any person, other than                     Members to cancel open orders and                        711.
                                                                                                              prevent new order submission.                               Proposed subsection (d)(2) stipulates
                                                    those that may be withheld from the
                                                                                                                 The text of the proposed rule change                  that after orders are cancelled by the
                                                    public in accordance with the
                                                                                                              is available on the Exchange’s Web site                  Member utilizing the Kill Switch, the
                                                    provisions of 5 U.S.C. 552, will be
                                                                                                              at www.ise.com, at the principal office                  Member is unable to enter additional
                                                    available for Web site viewing and
                                                                                                              of the Exchange, and at the                              orders until the Member has made a
                                                    printing in the Commission’s Public
                                                                                                              Commission’s Public Reference Room.                      request to the Exchange and Exchange
                                                    Reference Room, 100 F Street NE.,
                                                                                                                                                                       staff has set a re-entry indicator to
                                                    Washington, DC 20549, on official                         II. Self-Regulatory Organization’s                       enable re-entry.6 Once enabled for re-
                                                    business days between the hours of                        Statement of the Purpose of, and                         entry, the System will send a Re-entry
                                                    10:00 a.m. and 3:00 p.m. Copies of the                    Statutory Basis for, the Proposed Rule                   Notification Message to the Member.
                                                    filing also will be available for                         Change                                                   The applicable Clearing Member for that
                                                    inspection and copying at the principal                                                                            Member also is notified of the re-entry
                                                    office of the Exchange. All comments                        In its filing with the Commission, the
                                                                                                                                                                       into the System after orders are
                                                    received will be posted without change.                   Exchange included statements
                                                                                                                                                                       cancelled as a result of the Kill Switch,
                                                    Persons submitting comments are                           concerning the purpose of and basis for
                                                                                                                                                                       provided the Clearing Member has
                                                    cautioned that we do not redact or edit                   the proposed rule change and discussed
                                                                                                                                                                       requested to receive such notification.
                                                    personal identifying information from                     any comments it received on the
                                                    comment submissions. You should                           proposed rule change. The text of these                  2. Statutory Basis
                                                    submit only information that you wish                     statements may be examined at the                           The Exchange believes that its
                                                    to make available publicly. All                           places specified in Item IV below. The                   proposal is consistent with Section 6(b)
                                                    submissions should refer to File                          Exchange has prepared summaries, set                     of the Act 7 in general, and furthers the
                                                    Number SR–Phlx–2017–79, and should                        forth in sections A, B, and C below, of                  objectives of Section 6(b)(5) of the Act 8
                                                    be submitted on or before November 24,                    the most significant aspects of such                     in particular, in that it is designed to
                                                    2017.                                                     statements.                                              promote just and equitable principles of
                                                      For the Commission, by the Division of                  A. Self-Regulatory Organization’s                        trade, to remove impediments to and
                                                    Trading and Markets, pursuant to delegated                Statement of the Purpose of, and                         perfect the mechanism of a free and
                                                    authority.7                                               Statutory Basis for, the Proposed Rule                   open market and a national market
                                                    Eduardo A. Aleman,                                        Change                                                   system, and, in general to protect
                                                    Assistant Secretary.                                                                                               investors and the public interest, by
                                                                                                              1. Purpose                                               memorializing a risk protection
                                                    [FR Doc. 2017–23831 Filed 11–1–17; 8:45 am]
                                                    BILLING CODE 8011–01–P                                      The Exchange proposes to                               available to Exchange Members. This
                                                                                                              memorialize its Kill Switch risk                         risk feature promotes policy goals of the
                                                                                                              protection which is applicable to all                    Commission which has encouraged
                                                    SECURITIES AND EXCHANGE                                   Members at MRX Rule 711(d). The Kill                     execution venues, exchange and non-
                                                    COMMISSION                                                Switch allows Members to cancel open                     exchange alike, to offer risk protection
                                                                                                              orders and prevent new order                             tools and other mechanisms to decrease
                                                    [Release No. 34–81969; File No. SR–MRX–                                                                            risk and increase stability. The
                                                    2017–23]                                                  submission. This feature provides
                                                                                                              Members with a powerful risk
                                                                                                                                                                         4 Members are able to send a message to the
                                                    Self-Regulatory Organizations; Nasdaq                     management tool for immediate control
                                                                                                                                                                       Exchange to initiate the Kill Switch or they may
                                                    MRX, LLC; Notice of Filing and                            of their order activity.                                 contact the Exchange directly. A message to remove
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    Immediate Effectiveness of Proposed                                                                                orders may be sent through FIX, OTTO or Precise.
                                                    Rule Change Relating to an Optional                         1 15 U.S.C. 78s(b)(1).                                   5 Opening Sweep Orders will also be cancelled.

                                                    Kill Switch Protection                                      2 17 CFR 240.19b–4.                                    Consistent with current auction functionality, PIM
                                                                                                                 3 Today, this feature is offered to Members. MRX      auction orders and responses will not be cancelled.
                                                    October 27, 2017.                                         transitioned from its legacy trading system to INET,     See MRX Rule 723. Other auctions orders and
                                                                                                              the current technology, in 2017. While MRX offered       responses would cancel. Quotes are unaffected.
                                                      Pursuant to Section 19(b)(1) of the                                                                                6 The Member must directly and verbally contact
                                                                                                              this feature on its legacy system, the feature was not
                                                    Securities Exchange Act of 1934                           codified in the MRX Rulebook. At this time, the          the Exchange to request the re-set.
                                                                                                                                                                         7 15 U.S.C. 78f(b).
                                                                                                              Exchange is codifying the Kill Switch feature to
                                                      7 17   CFR 200.30–3(a)(12).                             reflect the functionality.                                 8 15 U.S.C. 78f(b)(5).




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                                                                               Federal Register / Vol. 82, No. 211 / Thursday, November 2, 2017 / Notices                                                    50925

                                                    Exchange believes that memorializing                    any burden on competition not                            The Exchange has asked the
                                                    this feature will provide Members with                  necessary or appropriate in furtherance               Commission to waive the 30-day
                                                    specific information on cancelling                      of the purposes of the Act. The proposal              operative delay. The Commission
                                                    orders.                                                 does not impose an undue burden on                    believes that waiving the 30-day
                                                       The individual firm benefits of                      intra-market competition because all                  operative delay is consistent with the
                                                    enhanced risk protections flow                          Members may avail themselves of the                   protection of investors and the public
                                                    downstream to counter-parties both at                   Kill Switch. The Kill Switch                          interest because the proposal is similar
                                                    the Exchange and at other options                       functionality is optional. The proposed               to the rules of other options exchanges
                                                    exchanges, thereby increasing systemic                  rule change protects Members in the                   and the Exchange’s proposal does not
                                                    protections as well. This risk feature                  event the Member is suffering from a                  raise any new or novel issues.
                                                    allows Members to enter orders without                  systems issue or from the occurrence of               Therefore, the Commission hereby
                                                    fear of inadvertent exposure to excessive               unusual or unexpected market activity                 waives the 30-day operative delay and
                                                    risk, which in turn benefits investors                  that would require them to withdraw                   designates the proposed rule change to
                                                    through increased liquidity for the                     from the market in order to protect                   be operative upon filing with the
                                                    execution of their orders, thereby                      investors. Utilizing this Kill Switch will            Commission.14
                                                    protecting investors and the public                     permit the Member to protect itself from                 At any time within 60 days of the
                                                    interest. By memorializing the features                 inadvertent exposure to excessive risk.               filing of the proposed rule change, the
                                                    in this rule change, Members are aware                  Reducing such risk will enable Members                Commission summarily may
                                                    of the impact of utilizing this risk tool.              to enter orders without fear of                       temporarily suspend such rule change if
                                                       This optional risk tool as noted above               inadvertent exposure to excessive risk,               it appears to the Commission that such
                                                    is offered to all Members. The Exchange                 which in turn will benefit investors                  action is: (i) Necessary or appropriate in
                                                    further represents that its proposal                    through increased liquidity for the                   the public interest; (ii) for the protection
                                                    operates consistently with the firm                     execution of their orders. Such                       of investors; or (iii) otherwise in
                                                    quote obligations of a broker-dealer                    increased liquidity benefits investors                furtherance of the purposes of the Act.
                                                    pursuant to Rule 602 of Regulation NMS                  because they receive better prices and                If the Commission takes such action, the
                                                    and that the functionality is not                       because it lowers volatility in the                   Commission shall institute proceedings
                                                    mandatory. Specifically, any interest                   options market. For these reasons, the                to determine whether the proposed rule
                                                    that is executable against a Member’s                   Exchange does not believe this proposal               should be approved or disapproved.
                                                    orders that are received 9 by the                       imposes an undue burden on inter-                     IV. Solicitation of Comments
                                                    Exchange, prior to the time the Kill                    market competition because other
                                                    Switch is processed by the System, will                                                                         Interested persons are invited to
                                                                                                            exchanges offer the same functionality,
                                                    automatically execute at the price up to                                                                      submit written data, views, and
                                                                                                            which is being memorialized herein.                   arguments concerning the foregoing,
                                                    the Member’s size prior to the removal
                                                    of orders from the System as a result of                C. Self-Regulatory Organization’s                     including whether the proposed rule
                                                    the Kill Switch. The Kill Switch                        Statement on Comments on the                          change is consistent with the Act.
                                                    message is accepted by the System in                    Proposed Rule Change Received From                    Comments may be submitted by any of
                                                    the order of receipt in the queue and is                Members, Participants, or Others                      the following methods:
                                                    processed in that order so that interest                  No written comments were either                     Electronic Comments
                                                    that is already accepted into the System                solicited or received.                                  • Use the Commission’s Internet
                                                    is processed prior to the Kill Switch                                                                         comment form (http://www.sec.gov/
                                                    message.                                                III. Date of Effectiveness of the
                                                                                                            Proposed Rule Change and Timing for                   rules/sro.shtml); or
                                                       With respect to providing information                                                                        • Send an email to rule-comments@
                                                    regarding the cancellation of orders as a               Commission Action
                                                                                                                                                                  sec.gov. Please include File Number SR–
                                                    result of the Kill Switch to the Clearing                 Because the foregoing proposed rule                 MRX–2017–23 on the subject line.
                                                    Member, each Member that transacts                      change does not: (i) Significantly affect
                                                    through a Clearing Member on the                                                                              Paper Comments
                                                                                                            the protection of investors or the public
                                                    Exchange accepts financial                              interest; (ii) impose any significant                   • Send paper comments in triplicate
                                                    responsibility for all Exchange                         burden on competition; and (iii) become               to Secretary, Securities and Exchange
                                                    transactions made by the Member on                      operative for 30 days from the date on                Commission, 100 F Street NE.,
                                                    whose behalf the Clearing Member                        which it was filed, or such shorter time              Washington, DC 20549–1090.
                                                    agrees to clear.10 The Exchange believes                as the Commission may designate, it has               All submissions should refer to File
                                                    that because Clearing Members                           become effective pursuant to Section                  Number SR–MRX–2017–23. This file
                                                    guarantee all transactions on behalf of a               19(b)(3)(A)(iii) of the Act 11 and                    number should be included on the
                                                    Member, and therefore bear the risk                     subparagraph (f)(6) of Rule 19b–4                     subject line if email is used. To help the
                                                    associated with those transactions, it is               thereunder.12                                         Commission process and review your
                                                    appropriate for Clearing Members to                                                                           comments more efficiently, please use
                                                    have knowledge of the utilization by the                  A proposed rule change filed under
                                                                                                            Rule 19b–4(f)(6) normally does not                    only one method. The Commission will
                                                    member [sic] of the Kill Switch, should                                                                       post all comments on the Commission’s
                                                    the Clearing Member request such                        become operative before 30 days from
                                                                                                            the date of the filing. However, pursuant             Internet Web site (http://www.sec.gov/
                                                    notification.                                                                                                 rules/sro.shtml). Copies of the
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                            to Rule 19b–4(f)(6)(iii),13 the
                                                    B. Self-Regulatory Organization’s                       Commission may designate a shorter                    submission, all subsequent
                                                    Statement on Burden on Competition                      time if such action is consistent with the            amendments, all written statements
                                                                                                            protection of investors and the public                with respect to the proposed rule
                                                      The Exchange does not believe that
                                                    the proposed rule change will impose                    interest.
                                                                                                                                                                     14 For purposes only of waiving the operative

                                                                                                                                                                  delay for this proposal, the Commission has
                                                     9 The time of receipt for an order is the time such      11 15 U.S.C. 78s(b)(3)(A)(iii).                     considered the proposed rule’s impact on
                                                    message is processed by the Exchange Order Book.          12 17 CFR 240.19b–4(f)(6).                          efficiency, competition, and capital formation. See
                                                     10 See MRX Rule 808(b).                                  13 17 CFR 240.19b–4(f)(6)(iii).                     15 U.S.C. 78c(f).



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                                                    50926                      Federal Register / Vol. 82, No. 211 / Thursday, November 2, 2017 / Notices

                                                    change that are filed with the                          I. Self-Regulatory Organization’s                     any way. Accordingly, this filing is
                                                    Commission, and all written                             Statement of the Terms of Substance of                being submitted under Rule 19b–4(f)(3).
                                                    communications relating to the                          the Proposed Rule Change
                                                                                                                                                                  2. Statutory Basis
                                                    proposed rule change between the                           The Exchange proposes to remove
                                                    Commission and any person, other than                                                                            The Exchange believes that its
                                                                                                            references to Nasdaq Options Services.                proposal is consistent with Section 6(b)
                                                    those that may be withheld from the                        The text of the proposed rule change
                                                    public in accordance with the                                                                                 of the Act,4 in general, and furthers the
                                                                                                            is available on the Exchange’s Web site               objectives of Section 6(b)(5) of the Act,5
                                                    provisions of 5 U.S.C. 552, will be                     at http://nasdaq.cchwallstreet.com, at
                                                    available for Web site viewing and                                                                            in particular, in that it is designed to
                                                                                                            the principal office of the Exchange, and             promote just and equitable principles of
                                                    printing in the Commission’s Public                     at the Commission’s Public Reference
                                                    Reference Room, 100 F Street NE.,                                                                             trade, to remove impediments to and
                                                                                                            Room.                                                 perfect the mechanism of a free and
                                                    Washington, DC 20549 on official
                                                    business days between the hours of                      II. Self-Regulatory Organization’s                    open market and a national market
                                                    10:00 a.m. and 3:00 p.m. Copies of the                  Statement of the Purpose of, and                      system, and, in general to protect
                                                    filing also will be available for                       Statutory Basis for, the Proposed Rule                investors and the public interest by
                                                    inspection and copying at the principal                 Change                                                avoiding confusion with the routing
                                                    office of the Exchange. All comments                                                                          entity. The Exchange proposes to
                                                                                                              In its filing with the Commission, the              remove references to ‘‘Nasdaq Options
                                                    received will be posted without change.                 Exchange included statements
                                                    Persons submitting comments are                                                                               Services’’ or ‘‘NOS’’ and in certain cases
                                                                                                            concerning the purpose of and basis for               replace those references with a reference
                                                    cautioned that we do not redact or edit                 the proposed rule change and discussed
                                                    personal identifying information from                                                                         to ‘‘Nasdaq Execution Services’’ or
                                                                                                            any comments it received on the                       ‘‘NES,’’ where applicable. The Exchange
                                                    comment submissions. You should                         proposed rule change. The text of these
                                                    submit only information that you wish                                                                         previously filed a proposed rule change
                                                                                                            statements may be examined at the                     which replaced Nasdaq Options
                                                    to make available publicly. All                         places specified in Item IV below. The
                                                    submissions should refer to File                                                                              Services with Nasdaq Execution
                                                                                                            Exchange has prepared summaries, set                  Services.6 This proposed change is non-
                                                    Number SR–MRX–2017–23, and should                       forth in sections A, B, and C below, of
                                                    be submitted on or before November 24,                                                                        substantive.
                                                                                                            the most significant aspects of such
                                                    2017.                                                   statements.                                           B. Self-Regulatory Organization’s
                                                      For the Commission, by the Division of                                                                      Statement on Burden on Competition
                                                    Trading and Markets, pursuant to delegated
                                                                                                            A. Self-Regulatory Organization’s
                                                                                                            Statement of the Purpose of, and                        The Exchange does not believe that
                                                    authority.15
                                                                                                            Statutory Basis for, the Proposed Rule                the proposed rule change will impose
                                                    Eduardo A. Aleman,                                                                                            any burden on competition not
                                                                                                            Change
                                                    Assistant Secretary.                                                                                          necessary or appropriate in furtherance
                                                    [FR Doc. 2017–23827 Filed 11–1–17; 8:45 am]             1. Purpose                                            of the purposes of the Act. The removal
                                                    BILLING CODE 8011–01–P                                     The purpose of this filing is to remove            of references to ‘‘Nasdaq Options
                                                                                                            references to ‘‘Nasdaq Options Services’’             Services’’ or ‘‘NOS’’ and, where
                                                                                                            or ‘‘NOS’’ and in certain cases replace               applicable, replacement with ‘‘Nasdaq
                                                    SECURITIES AND EXCHANGE                                 those references with a reference to                  Execution Services’’ or ‘‘NES’’ will
                                                    COMMISSION                                              ‘‘Nasdaq Execution Services’’ or ‘‘NES.’’             avoid confusion.
                                                    [Release No. 34–81972; File No. SR–                     The Exchange previously filed a                       C. Self-Regulatory Organization’s
                                                    NASDAQ–2017–115]                                        proposed rule change which replaced                   Statement on Comments on the
                                                                                                            Nasdaq Options Services with Nasdaq                   Proposed Rule Change Received From
                                                    Self-Regulatory Organizations; The                      Execution Services.3 Some references to               Members, Participants, or Others
                                                    Nasdaq Stock Market LLC; Notice of                      Nasdaq Options Services were not
                                                    Filing and Immediate Effectiveness of                   removed from the Exchange’s Rulebook.                   No written comments were either
                                                    Proposed Rule Change To Remove                          At this time, the Exchange proposes to                solicited or received.
                                                    References to Nasdaq Options                            remove those references to ‘‘Nasdaq                   III. Date of Effectiveness of the
                                                    Services                                                Options Services’’ and ‘‘NOS’’ and were               Proposed Rule Change and Timing for
                                                                                                            applicable change those references to                 Commission Action
                                                    October 27, 2017.
                                                                                                            ‘‘Nasdaq Execution Services’’ or ‘‘NES’’                 Pursuant to Section 19(b)(3)(A) of the
                                                       Pursuant to Section 19(b)(1) of the                  if the entity is not already mentioned.
                                                    Securities Exchange Act of 1934                                                                               Act 7 and Rule 19b–4(f)(3) thereunder,8
                                                                                                            Also, the Exchange proposes to make                   the Exchange has designated this
                                                    (‘‘Act’’),1 and Rule 19b–4 thereunder,2                 grammatical changes to the current
                                                    notice is hereby given that on October                                                                        proposal as one that is concerned solely
                                                                                                            sentence to accommodate the removal of                with the administration of the self-
                                                    26, 2017, The Nasdaq Stock Market LLC                   the entity.
                                                    (‘‘Nasdaq’’ or ‘‘Exchange’’) filed with the                                                                   regulatory organization, and therefore
                                                                                                               No other changes are being proposed                has become effective.
                                                    Securities and Exchange Commission                      in this filing. The Exchange represents
                                                    (‘‘SEC’’ or ‘‘Commission’’) the proposed                                                                         At any time within 60 days of the
                                                                                                            that these changes are concerned solely               filing of the proposed rule change, the
                                                    rule change as described in Items I, II,                with the administration of the Exchange               Commission summarily may
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    and III, below, which Items have been                   and do not affect the meaning,
                                                    prepared by the Exchange. The                                                                                 temporarily suspend such rule change if
                                                                                                            administration, or enforcement of any
                                                    Commission is publishing this notice to                 rules of the Exchange or the rights,                    4 15  U.S.C. 78f(b).
                                                    solicit comments on the proposed rule                   obligations, or privileges of Exchange                  5 15  U.S.C. 78f(b)(5).
                                                    change from interested persons.                         members or their associated persons in                   6 See Securities Exchange Act Release No. 71419

                                                                                                                                                                  (January 28, 2014), 79 FR 6247 (February 3,
                                                      15 17 CFR 200.30–3(a)(12).                               3 See Securities Exchange Act Release No. 71419    2014)(SR–NASDAQ–2014–007).
                                                      1 15 U.S.C. 78s(b)(1).                                                                                         7 15 U.S.C. 78s(b)(3)(A).
                                                                                                            (January 28, 2014), 79 FR 6247 (February 3,
                                                      2 17 CFR 240.19b–4.                                   2014)(SR–NASDAQ–2014–007).                               8 17 CFR 240.19b–4(f)(3).




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Document Created: 2017-11-02 02:41:44
Document Modified: 2017-11-02 02:41:44
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 50924 

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