83_FR_11304 83 FR 11254 - Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing of Proposed Rule Change To Introduce the ATR Protection for Orders That Are Routed to Away Markets

83 FR 11254 - Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing of Proposed Rule Change To Introduce the ATR Protection for Orders That Are Routed to Away Markets

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 50 (March 14, 2018)

Page Range11254-11256
FR Document2018-05163

Federal Register, Volume 83 Issue 50 (Wednesday, March 14, 2018)
[Federal Register Volume 83, Number 50 (Wednesday, March 14, 2018)]
[Notices]
[Pages 11254-11256]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-05163]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82846; File No. SR-ISE-2018-16]


Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing 
of Proposed Rule Change To Introduce the ATR Protection for Orders That 
Are Routed to Away Markets

March 9, 2018.
    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 February 23, 2018, Nasdaq ISE, LLC (``ISE'' or ``Exchange'') filed 
with the Securities and Exchange Commission (``Commission'') the 
proposed rule change as described in Items I and II, below, which Items 
have been prepared by the Exchange. The Commission is publishing this 
notice to solicit comments on the proposed rule change from interested 
persons.
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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 introduce its Acceptable Trade Range 
protection for orders that are routed to away markets pursuant to the 
Options Order Protection and Locked/Crossed Markets Plan.
    The text of the proposed rule change is available on the Exchange's 
website at http://ise.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.

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

1. Purpose
    The Exchange offers an Acceptable Trade Range (``ATR'') protection 
that prevents the execution of quotes and orders on the regular order 
book outside of set thresholds. The purpose of the proposed rule change 
is to enhance this ATR protection for orders that are routed to away 
markets pursuant to the Options Order Protection and Locked/Crossed 
Markets Plan (``Linkage Plan'') instead of being executed immediately 
on the Exchange or resting on the regular order book.
    As codified in Rule 714(b)(1), the Exchange's trading system 
calculates an Acceptable Trade Range to limit the range of prices at 
which an order or quote will be allowed to execute.\3\ The Acceptable 
Trade Range is calculated by taking the reference price, plus or minus 
a value to be determined by the Exchange (i.e., the reference price-(x) 
for sell orders/quotes and the reference

[[Page 11255]]

price + (x) for buy orders or quotes).\4\ Upon receipt of a new order 
or quote, the reference price is the national best bid (``NBB'') for 
sell orders/quotes and the national best offer (``NBO'') for buy 
orders/quotes. If an order or quote reaches the outer limit of the 
Acceptable Trade Range without being fully executed then any unexecuted 
balance will be cancelled.
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    \3\ The ATR protection is not available for Complex Orders that 
leg in to the regular order book, which are instead subject to the 
Price Level Protection pursuant to Rule 714(a)(4), or for All-or-
None orders.
    \4\ There are three categories of options for ATR: (1) Penny 
Pilot Options trading in one cent increments for options trading at 
less than $3.00 and increments of five cents for options trading at 
$3.00 or more, (2) Penny Pilot Options trading in one-cent 
increments for all prices, and (3) Non-Penny Pilot Options.
---------------------------------------------------------------------------

    Currently, the trading system calculates an appropriate reference 
price for an incoming order or quote when that order or quote rests or 
trades on the regular order book but not when orders are routed to an 
away market pursuant to the Linkage Plan without first trading on the 
Exchange. The Exchange now proposes to enhance its ATR protection by 
applying it to orders that are routed to away markets without first 
trading on the Exchange. As proposed, Rule 714(a)(1) will continue to 
provide that the reference price for the ATR protection is the NBB for 
sell orders/quotes and the NBO for buy orders/quotes. For clarity, 
however, the Exchange proposes to move this language to a separate 
bullet under proposed Rule 714(a)(1)(ii). In addition, proposed Rule 
714(a)(1)(ii) will indicate that the reference price is calculated upon 
receipt of a new order or quote, provided that if the applicable NBB or 
NBO price is improved at the time an order is routed to an away market, 
a new reference price is calculated based on the NBB or NBO at that 
time.
    Although the Exchange will continue to use the NBB or NBO as the 
reference price for the ATR protection, the Exchange believes that it 
is appropriate to update the reference price if the applicable NBB or 
NBO price is improved at the time an order is routed to an away market. 
Orders that are routed to away markets are eligible for the ``Flash'' 
auction process described in Supplementary Material .02 to Rule 1901. 
When a Flash auction is initiated, members are given an opportunity to 
enter responses to trade with the order for a time period established 
by the Exchange not to exceed one (1) second.\5\ Because the applicable 
NBB or NBO price may change during the Flash auction, the Exchange 
believes that it is appropriate to consider the updated NBB or NBO 
price at the time the order is actually routed to an away market, if 
doing so would provide additional protection to the order--i.e., if the 
NBB or NBO price used as the reference price is improved at that time. 
If the NBB or NBO price is not improved, the ATR protection will 
continue to use the NBB or NBO price on entry as the reference price, 
thereby providing the maximum protection to the order. The following 
examples illustrate how the ATR protection will be applied to orders 
routed to away markets:
---------------------------------------------------------------------------

    \5\ Currently, the exposure period for the Flash auction is set 
to 150 milliseconds.
---------------------------------------------------------------------------

    Example 1 
1. ATR threshold set to $0.15 for non-penny symbols
2. NBBO is $0.90 (35) x $1.00 (25):
    a. BATS: $0.90 (10) x $1.00 (25)
    b. CBOE: $0.90 (25) x $1.05 (25)
    c. MIAX: $0.85 (25) x $1.15 (25)
    d. ISE: $0.85 (50) x $1.20 (50)
3. Member enters a Limit Order to buy 200 contracts at $1.20
4. Flash auction initiated at a price of $1.00
5. CBOE quote improved establishing a new NBBO of $0.90 (35) x $0.95 
(25):
    a. BATS: $0.90 (10) x $1.00 (25)
    b. CBOE: $0.90 (25) x $0.95 (25)
    c. MIAX: $0.85 (25) x $1.15 (25)
    d. ISE: $0.85 (50) x $1.20 (50)
6. No responses entered and Flash auction terminates and routes:
    a. 25 contracts to buy to CBOE at $0.95
    b. 25 contracts to buy to BATS at $1.00
7. Because the NBO is improved at time of routing, the reference 
price is set to the improved NBO price of $0.95, establishing an 
Acceptable Trade Range of $1.10
8. The remaining balance of 150 contracts that cannot be executed 
within the Acceptable Trade Range is cancelled
    Example 2 
1. ATR threshold set to $0.15 for non-penny symbols
2. NBBO is $0.90 (35) x $1.00 (25):
    a. BATS: $0.90 (10) x $1.00 (25)
    b. CBOE: $0.90 (25) x $1.05 (25)
    c. MIAX: $0.85 (25) x $1.15 (25)
    d. ISE: $0.85 (50) x $1.20 (50)
3. Member enters a Limit Order to buy 200 contracts at $1.20
4. Flash auction initiated at a price of $1.00
5. BATS quote worsened establishing a new NBBO of $0.90 (35) x $1.05 
(50):
    a. BATS: $0.90 (10) x $1.05 (25)
    b. CBOE: $0.90 (25) x $1.05 (25)
    c. MIAX: $0.85 (25) x $1.15 (25)
    d. ISE: $0.85 (50) x $1.20 (50)
6. No responses entered and Flash auction terminates and routes:
    a. 25 contracts to buy to BATS at $1.05
    b. 25 contracts to buy to CBOE at $1.05
    c. 25 contracts to buy to MIAX at $1.15
7. Because the NBO is worsened at time of routing, the reference 
price is set to the initial NBO price of $1.00, establishing an 
Acceptable Trade Range of $1.15
8. The remaining balance of 125 contracts that cannot be executed 
within the Acceptable Trade Range is cancelled
Implementation
    The Exchange proposes to launch the ATR functionality described in 
this proposed rule change no later than October 31, 2018. The Exchange 
will announce the implementation date of this functionality in an 
Options Trader Alert issued to members prior to the launch date.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act,\6\ in general, and furthers the objectives of Section 
6(b)(5) of the Act,\7\ 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.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    Specifically, the Exchange believes that the proposed rule change 
would remove impediments to and perfect the mechanism of a free and 
open market by enhancing the Exchange's ATR protection. The ATR 
functionality is designed to ensure that orders and quotes entered on 
the Exchange are executed at reasonable prices based on the applicable 
NBBO price on receipt. Currently, the Exchange's ATR protection 
calculates a reference price at the time an order or quote rests or 
trades locally but not when an order is routed to an away market 
pursuant to the Linkage Plan without first trading on the Exchange. To 
further protect orders that are subject to routing that have not traded 
on the Exchange, the Exchange is proposing to implement the ATR 
protection for those orders. The Exchange will continue to use the NBBO 
as the reference price for the ATR protection but now that the Exchange 
is protecting orders that are routed away pursuant to the Linkage Plan 
without trading on the Exchange, the Exchange proposes to use the NBBO 
price on routing instead of the NBBO on receipt only in those 
circumstances where the NBBO is improved at the time of routing. As 
described earlier in this proposed rule change, the Exchange operates a 
Flash auction that provides an opportunity for Members to match or 
improve the NBBO price prior to routing eligible orders to away 
markets. Since the NBBO price may change during the Flash auction's 
exposure period, the Exchange believes that the ATR protection should 
take improved NBBO prices into account when determining whether a 
particular price is a reasonable execution price. The Exchange 
believes, however, that a worsened NBBO price should not be considered 
as this would decrease rather than increase the protection

[[Page 11256]]

provided to such an order. In sum, the proposed changes to the ATR 
protection will protect investors and the public interest by providing 
additional protections designed to ensure that quotes and orders 
entered on the Exchange are executed at reasonable prices, and thereby 
perfect the mechanism of a free and open market and a national market 
system.

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

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act. The proposed rule change is 
designed to enhance the Exchange's ATR protection by extending that 
protection to orders that are routed to away markets that did not first 
trade on the Exchange. The proposed protection will apply equally to 
all orders that are routed to away markets pursuant to the Linkage 
Plan. The Exchange believes that this change is the result of a 
competitive market where exchanges must continually improve the 
functionality offered to market participants in order to remain 
competitive.

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

    Within 45 days of the date of publication of this notice in the 
Federal Register or within such longer period up to 90 days (i) as the 
Commission may designate if it finds such longer period to be 
appropriate and publishes its reasons for so finding or (ii) as to 
which the self-regulatory organization consents, the Commission will:
    (A) By order approve or disapprove such proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule 
change should be 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-ISE-2018-16 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-ISE-2018-16. 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 website (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 website 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-ISE-2018-16 and should be submitted on 
or before April 4, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\8\
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-05163 Filed 3-13-18; 8:45 am]
 BILLING CODE 8011-01-P



                                               11254                          Federal Register / Vol. 83, No. 50 / Wednesday, March 14, 2018 / Notices

                                               maintain their competitive standing in                  Commission, and all written                           I. Self-Regulatory Organization’s
                                               the financial markets.                                  communications relating to the                        Statement of the Terms of Substance of
                                                                                                       proposed rule change between the                      the Proposed Rule Change
                                               (C) Self-Regulatory Organization’s
                                               Statement on Comments on the                            Commission and any person, other than
                                                                                                                                                                The Exchange proposes to introduce
                                               Proposed Rule Change Received From                      those that may be withheld from the
                                                                                                                                                             its Acceptable Trade Range protection
                                               Members, Participants or Others                         public in accordance with the
                                                                                                                                                             for orders that are routed to away
                                                                                                       provisions of 5 U.S.C. 552, will be
                                                 The Exchange has not solicited, and                                                                         markets pursuant to the Options Order
                                                                                                       available for website viewing and                     Protection and Locked/Crossed Markets
                                               does not intend to solicit, comments on                 printing in the Commission’s Public
                                               this proposed rule change. The                                                                                Plan.
                                                                                                       Reference Room, 100 F Street NE,
                                               Exchange has not received any                           Washington, DC 20549, on official                        The text of the proposed rule change
                                               unsolicited written comments from                                                                             is available on the Exchange’s website at
                                                                                                       business days between the hours of
                                               Members or other interested parties.                                                                          http://ise.cchwallstreet.com/, at the
                                                                                                       10:00 a.m. and 3:00 p.m. Copies of such
                                                                                                                                                             principal office of the Exchange, and at
                                               III. Date of Effectiveness of the                       filing will also be available for
                                                                                                                                                             the Commission’s Public Reference
                                               Proposed Rule Change and Timing for                     inspection and copying at the principal
                                                                                                                                                             Room.
                                               Commission Action                                       office of the Exchange. All comments
                                                  The foregoing rule change has become                 received will be posted without change.               II. Self-Regulatory Organization’s
                                               effective pursuant to Section 19(b)(3)(A)               Persons submitting comments are                       Statement of the Purpose of, and
                                               of the Act 16 and paragraph (f) of Rule                 cautioned that we do not redact or edit               Statutory Basis for, the Proposed Rule
                                               19b–4 thereunder.17 At any time within                  personal identifying information from                 Change
                                               60 days of the filing of the proposed rule              comment submissions. You should                         In its filing with the Commission, the
                                               change, the Commission summarily may                    submit only information that you wish                 Exchange included statements
                                               temporarily suspend such rule change if                 to make available publicly. All                       concerning the purpose of and basis for
                                               it appears to the Commission that such                  submissions should refer to File No.                  the proposed rule change and discussed
                                               action is necessary or appropriate in the               SR–CboeBZX–2018–XXX and should be                     any comments it received on the
                                               public interest, for the protection of                  submitted on or before April 4, 2018.                 proposed rule change. The text of these
                                               investors, or otherwise in furtherance of                 For the Commission, by the Division of              statements may be examined at the
                                               the purposes of the Act.                                Trading and Markets, pursuant to delegated            places specified in Item IV below. The
                                               IV. Solicitation of Comments                            authority.18                                          Exchange has prepared summaries, set
                                                                                                       Eduardo A. Aleman,                                    forth in sections A, B, and C below, of
                                                 Interested persons are invited to
                                                                                                       Assistant Secretary.
                                                                                                                                                             the most significant aspects of such
                                               submit written data, views and
                                                                                                                                                             statements.
                                               arguments concerning the foregoing,                     [FR Doc. 2018–05079 Filed 3–13–18; 8:45 am]
                                               including whether the proposal is                       BILLING CODE 8011–01–P                                A. Self-Regulatory Organization’s
                                               consistent with the Act. Comments may                                                                         Statement of the Purpose of, and
                                               be submitted by any of the following                                                                          Statutory Basis for, the Proposed Rule
                                               methods:                                                SECURITIES AND EXCHANGE                               Change
                                               Electronic Comments                                     COMMISSION                                            1. Purpose
                                                 • Use the Commission’s internet                                                                               The Exchange offers an Acceptable
                                                                                                       [Release No. 34–82846; File No. SR–ISE–
                                               comment form (http://www.sec.gov/                                                                             Trade Range (‘‘ATR’’) protection that
                                                                                                       2018–16]
                                               rules/sro.shtml); or                                                                                          prevents the execution of quotes and
                                                 • Send an email to rule-comments@                     Self-Regulatory Organizations; Nasdaq                 orders on the regular order book outside
                                               sec.gov. Please include File No. SR–                                                                          of set thresholds. The purpose of the
                                                                                                       ISE, LLC; Notice of Filing of Proposed
                                               CboeBZX–2018–015 on the subject line.                                                                         proposed rule change is to enhance this
                                                                                                       Rule Change To Introduce the ATR
                                               Paper Comments                                          Protection for Orders That Are Routed                 ATR protection for orders that are
                                                                                                       to Away Markets                                       routed to away markets pursuant to the
                                                 • Send paper comments in triplicate
                                                                                                                                                             Options Order Protection and Locked/
                                               to Secretary, Securities and Exchange                   March 9, 2018.                                        Crossed Markets Plan (‘‘Linkage Plan’’)
                                               Commission, 100 F Street NE,
                                                                                                          Pursuant to Section 19(b)(1) of the                instead of being executed immediately
                                               Washington, DC 20549–1090.
                                                                                                       Securities Exchange Act of 1934                       on the Exchange or resting on the
                                               All submissions should refer to File No.                                                                      regular order book.
                                               SR–CboeBZX–2018–015. This file                          (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                                                                       notice is hereby given that on February                 As codified in Rule 714(b)(1), the
                                               number should be included on the
                                                                                                       23, 2018, Nasdaq ISE, LLC (‘‘ISE’’ or                 Exchange’s trading system calculates an
                                               subject line if email is used. To help the
                                                                                                       ‘‘Exchange’’) filed with the Securities               Acceptable Trade Range to limit the
                                               Commission process and review your
                                                                                                       and Exchange Commission                               range of prices at which an order or
                                               comments more efficiently, please use
                                                                                                       (‘‘Commission’’) the proposed rule                    quote will be allowed to execute.3 The
                                               only one method. The Commission will
                                               post all comments on the Commission’s                   change as described in Items I and II,                Acceptable Trade Range is calculated by
                                               internet website (http://www.sec.gov/                   below, which Items have been prepared                 taking the reference price, plus or minus
                                               rules/sro.shtml). Copies of the                         by the Exchange. The Commission is                    a value to be determined by the
daltland on DSKBBV9HB2PROD with NOTICES




                                               submission, all subsequent                              publishing this notice to solicit                     Exchange (i.e., the reference price¥(x)
                                               amendments, all written statements                      comments on the proposed rule change                  for sell orders/quotes and the reference
                                               with respect to the proposed rule                       from interested persons.
                                                                                                                                                               3 The ATR protection is not available for Complex
                                               change that are filed with the                                                                                Orders that leg in to the regular order book, which
                                                                                                         18 17 CFR 200.30–3(a)(12).                          are instead subject to the Price Level Protection
                                                 16 15 U.S.C. 78s(b)(3)(A).                              1 15 U.S.C. 78s(b)(1).                              pursuant to Rule 714(a)(4), or for All-or-None
                                                 17 17 CFR 240.19b–4(f).                                 2 17 CFR 240.19b–4.                                 orders.



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                                                                            Federal Register / Vol. 83, No. 50 / Wednesday, March 14, 2018 / Notices                                           11255

                                               price + (x) for buy orders or quotes).4                  doing so would provide additional                    October 31, 2018. The Exchange will
                                               Upon receipt of a new order or quote,                    protection to the order—i.e., if the NBB             announce the implementation date of
                                               the reference price is the national best                 or NBO price used as the reference price             this functionality in an Options Trader
                                               bid (‘‘NBB’’) for sell orders/quotes and                 is improved at that time. If the NBB or              Alert issued to members prior to the
                                               the national best offer (‘‘NBO’’) for buy                NBO price is not improved, the ATR                   launch date.
                                               orders/quotes. If an order or quote                      protection will continue to use the NBB              2. Statutory Basis
                                               reaches the outer limit of the Acceptable                or NBO price on entry as the reference
                                               Trade Range without being fully                          price, thereby providing the maximum                    The Exchange believes that its
                                               executed then any unexecuted balance                     protection to the order. The following               proposal is consistent with Section 6(b)
                                               will be cancelled.                                       examples illustrate how the ATR                      of the Act,6 in general, and furthers the
                                                  Currently, the trading system                         protection will be applied to orders                 objectives of Section 6(b)(5) of the Act,7
                                               calculates an appropriate reference price                routed to away markets:                              in particular, in that it is designed to
                                               for an incoming order or quote when                         Example 1                                         promote just and equitable principles of
                                               that order or quote rests or trades on the               1. ATR threshold set to $0.15 for non-penny          trade, to remove impediments to and
                                               regular order book but not when orders                         symbols                                        perfect the mechanism of a free and
                                               are routed to an away market pursuant                    2. NBBO is $0.90 (35) × $1.00 (25):                  open market and a national market
                                                                                                           a. BATS: $0.90 (10) × $1.00 (25)                  system, and, in general to protect
                                               to the Linkage Plan without first trading
                                                                                                           b. CBOE: $0.90 (25) × $1.05 (25)                  investors and the public interest.
                                               on the Exchange. The Exchange now                           c. MIAX: $0.85 (25) × $1.15 (25)
                                               proposes to enhance its ATR protection                                                                           Specifically, the Exchange believes
                                                                                                           d. ISE: $0.85 (50) × $1.20 (50)
                                               by applying it to orders that are routed                 3. Member enters a Limit Order to buy 200            that the proposed rule change would
                                               to away markets without first trading on                       contracts at $1.20                             remove impediments to and perfect the
                                               the Exchange. As proposed, Rule                          4. Flash auction initiated at a price of $1.00       mechanism of a free and open market by
                                               714(a)(1) will continue to provide that                  5. CBOE quote improved establishing a new            enhancing the Exchange’s ATR
                                               the reference price for the ATR                                NBBO of $0.90 (35) × $0.95 (25):               protection. The ATR functionality is
                                                                                                           a. BATS: $0.90 (10) × $1.00 (25)                  designed to ensure that orders and
                                               protection is the NBB for sell orders/                      b. CBOE: $0.90 (25) × $0.95 (25)
                                               quotes and the NBO for buy orders/                                                                            quotes entered on the Exchange are
                                                                                                           c. MIAX: $0.85 (25) × $1.15 (25)
                                                                                                                                                             executed at reasonable prices based on
                                               quotes. For clarity, however, the                           d. ISE: $0.85 (50) × $1.20 (50)
                                               Exchange proposes to move this                           6. No responses entered and Flash auction            the applicable NBBO price on receipt.
                                               language to a separate bullet under                            terminates and routes:                         Currently, the Exchange’s ATR
                                               proposed Rule 714(a)(1)(ii). In addition,                   a. 25 contracts to buy to CBOE at $0.95           protection calculates a reference price at
                                               proposed Rule 714(a)(1)(ii) will indicate                   b. 25 contracts to buy to BATS at $1.00           the time an order or quote rests or trades
                                                                                                        7. Because the NBO is improved at time of            locally but not when an order is routed
                                               that the reference price is calculated                         routing, the reference price is set to the
                                               upon receipt of a new order or quote,                                                                         to an away market pursuant to the
                                                                                                              improved NBO price of $0.95,                   Linkage Plan without first trading on the
                                               provided that if the applicable NBB or                         establishing an Acceptable Trade Range
                                               NBO price is improved at the time an                                                                          Exchange. To further protect orders that
                                                                                                              of $1.10
                                               order is routed to an away market, a                     8. The remaining balance of 150 contracts            are subject to routing that have not
                                               new reference price is calculated based                        that cannot be executed within the             traded on the Exchange, the Exchange is
                                               on the NBB or NBO at that time.                                Acceptable Trade Range is cancelled            proposing to implement the ATR
                                                  Although the Exchange will continue                      Example 2                                         protection for those orders. The
                                               to use the NBB or NBO as the reference                   1. ATR threshold set to $0.15 for non-penny          Exchange will continue to use the
                                                                                                              symbols                                        NBBO as the reference price for the ATR
                                               price for the ATR protection, the                        2. NBBO is $0.90 (35) × $1.00 (25):
                                               Exchange believes that it is appropriate                                                                      protection but now that the Exchange is
                                                                                                           a. BATS: $0.90 (10) × $1.00 (25)                  protecting orders that are routed away
                                               to update the reference price if the                        b. CBOE: $0.90 (25) × $1.05 (25)
                                                                                                                                                             pursuant to the Linkage Plan without
                                               applicable NBB or NBO price is                              c. MIAX: $0.85 (25) × $1.15 (25)
                                               improved at the time an order is routed                     d. ISE: $0.85 (50) × $1.20 (50)                   trading on the Exchange, the Exchange
                                               to an away market. Orders that are                       3. Member enters a Limit Order to buy 200            proposes to use the NBBO price on
                                               routed to away markets are eligible for                        contracts at $1.20                             routing instead of the NBBO on receipt
                                               the ‘‘Flash’’ auction process described                  4. Flash auction initiated at a price of $1.00       only in those circumstances where the
                                                                                                        5. BATS quote worsened establishing a new            NBBO is improved at the time of
                                               in Supplementary Material .02 to Rule                          NBBO of $0.90 (35) × $1.05 (50):
                                               1901. When a Flash auction is initiated,                                                                      routing. As described earlier in this
                                                                                                           a. BATS: $0.90 (10) × $1.05 (25)                  proposed rule change, the Exchange
                                               members are given an opportunity to                         b. CBOE: $0.90 (25) × $1.05 (25)
                                                                                                                                                             operates a Flash auction that provides
                                               enter responses to trade with the order                     c. MIAX: $0.85 (25) × $1.15 (25)
                                               for a time period established by the                        d. ISE: $0.85 (50) × $1.20 (50)                   an opportunity for Members to match or
                                               Exchange not to exceed one (1) second.5                  6. No responses entered and Flash auction            improve the NBBO price prior to routing
                                               Because the applicable NBB or NBO                              terminates and routes:                         eligible orders to away markets. Since
                                               price may change during the Flash                           a. 25 contracts to buy to BATS at $1.05           the NBBO price may change during the
                                                                                                           b. 25 contracts to buy to CBOE at $1.05           Flash auction’s exposure period, the
                                               auction, the Exchange believes that it is                   c. 25 contracts to buy to MIAX at $1.15
                                               appropriate to consider the updated                                                                           Exchange believes that the ATR
                                                                                                        7. Because the NBO is worsened at time of            protection should take improved NBBO
                                               NBB or NBO price at the time the order                         routing, the reference price is set to the
                                               is actually routed to an away market, if                                                                      prices into account when determining
                                                                                                              initial NBO price of $1.00, establishing
                                                                                                              an Acceptable Trade Range of $1.15             whether a particular price is a
                                                                                                        8. The remaining balance of 125 contracts            reasonable execution price. The
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                                                 4 There are three categories of options for ATR: (1)

                                               Penny Pilot Options trading in one cent increments             that cannot be executed within the             Exchange believes, however, that a
                                               for options trading at less than $3.00 and                     Acceptable Trade Range is cancelled            worsened NBBO price should not be
                                               increments of five cents for options trading at $3.00                                                         considered as this would decrease
                                               or more, (2) Penny Pilot Options trading in one-cent     Implementation
                                               increments for all prices, and (3) Non-Penny Pilot                                                            rather than increase the protection
                                               Options.                                                   The Exchange proposes to launch the
                                                 5 Currently, the exposure period for the Flash         ATR functionality described in this                    6 15   U.S.C. 78f(b).
                                               auction is set to 150 milliseconds.                      proposed rule change no later than                     7 15   U.S.C. 78f(b)(5).



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                                               11256                       Federal Register / Vol. 83, No. 50 / Wednesday, March 14, 2018 / Notices

                                               provided to such an order. In sum, the                  Electronic Comments                                      SECURITIES AND EXCHANGE
                                               proposed changes to the ATR protection                                                                           COMMISSION
                                               will protect investors and the public                     • Use the Commission’s internet
                                                                                                       comment form (http://www.sec.gov/                        [Release No. 34–82829; File No. SR–FINRA–
                                               interest by providing additional                                                                                 2018–012]
                                               protections designed to ensure that                     rules/sro.shtml); or
                                               quotes and orders entered on the                          • Send an email to rule-comments@                      Self-Regulatory Organizations;
                                               Exchange are executed at reasonable                     sec.gov. Please include File Number SR–                  Financial Industry Regulatory
                                               prices, and thereby perfect the                         ISE–2018–16 on the subject line.                         Authority, Inc.; Notice of Filing and
                                               mechanism of a free and open market                                                                              Immediate Effectiveness of a Proposed
                                               and a national market system.                           Paper Comments
                                                                                                                                                                Rule Change Relating To Eliminate the
                                               B. Self-Regulatory Organization’s                         • Send paper comments in triplicate                    Fee for an Explained Decision
                                               Statement on Burden on Competition                      to Secretary, Securities and Exchange                    March 8, 2018.
                                                                                                       Commission, 100 F Street NE,                                Pursuant to Section 19(b)(1) of the
                                                  The Exchange does not believe that                   Washington, DC 20549–1090.                               Securities Exchange Act of 1934
                                               the proposed rule change will impose
                                                                                                       All submissions should refer to File                     (‘‘Act’’) 1 and Rule 19b–4 thereunder,2
                                               any burden on competition that is not
                                                                                                       Number SR–ISE–2018–16. This file                         notice is hereby given that on February
                                               necessary or appropriate in furtherance                                                                          21, 2018, Financial Industry Regulatory
                                               of the purposes of the Act. The                         number should be included on the
                                                                                                       subject line if email is used. To help the               Authority, Inc. (‘‘FINRA’’) filed with the
                                               proposed rule change is designed to                                                                              Securities and Exchange Commission
                                               enhance the Exchange’s ATR protection                   Commission process and review your
                                                                                                                                                                (‘‘SEC’’ or ‘‘Commission’’) the proposed
                                               by extending that protection to orders                  comments more efficiently, please use
                                                                                                                                                                rule change as described in Items I, II,
                                               that are routed to away markets that did                only one method. The Commission will
                                                                                                                                                                and III below, which Items have been
                                               not first trade on the Exchange. The                    post all comments on the Commission’s
                                                                                                                                                                prepared by FINRA. FINRA has
                                               proposed protection will apply equally                  internet website (http://www.sec.gov/                    designated the proposed rule change as
                                               to all orders that are routed to away                   rules/sro.shtml). Copies of the                          ‘‘establishing or changing a due, fee or
                                               markets pursuant to the Linkage Plan.                   submission, all subsequent                               other charge’’ under Section
                                               The Exchange believes that this change                  amendments, all written statements                       19(b)(3)(A)(ii) of the Act 3 and Rule 19b–
                                               is the result of a competitive market                   with respect to the proposed rule                        4(f)(2) thereunder,4 which renders the
                                               where exchanges must continually                        change that are filed with the                           proposal effective upon receipt of this
                                               improve the functionality offered to                    Commission, and all written                              filing by the Commission. The
                                               market participants in order to remain                  communications relating to the                           Commission is publishing this notice to
                                               competitive.                                            proposed rule change between the                         solicit comments on the proposed rule
                                               C. Self-Regulatory Organization’s                       Commission and any person, other than                    change from interested persons.
                                               Statement on Comments on the                            those that may be withheld from the
                                                                                                                                                                I. Self-Regulatory Organization’s
                                               Proposed Rule Change Received From                      public in accordance with the
                                                                                                                                                                Statement of the Terms of Substance of
                                               Members, Participants, or Others                        provisions of 5 U.S.C. 552, will be                      the Proposed Rule Change
                                                                                                       available for website viewing and
                                                 No written comments were either                       printing in the Commission’s Public                         FINRA is proposing to amend FINRA
                                               solicited or received.                                  Reference Room, 100 F Street NE,                         Rules 12214(e)(1) and 12904(g)(5) of the
                                                                                                       Washington, DC 20549, on official                        Code of Arbitration Procedure for
                                               III. Date of Effectiveness of the                                                                                Customer Disputes (‘‘Customer Code’’)
                                               Proposed Rule Change and Timing for                     business days between the hours of
                                                                                                                                                                and FINRA Rules 13214(e)(1) and
                                               Commission Action                                       10:00 a.m. and 3:00 p.m. Copies of the
                                                                                                                                                                13904(g)(5) of the Code of Arbitration
                                                                                                       filing also will be available for
                                                                                                                                                                Procedure for Industry Disputes
                                                 Within 45 days of the date of                         inspection and copying at the principal                  (‘‘Industry Code’’) (together, ‘‘Codes’’) to
                                               publication of this notice in the Federal               office of the Exchange. All comments                     eliminate the $400 fee for an explained
                                               Register or within such longer period                   received will be posted without change.                  decision.
                                               up to 90 days (i) as the Commission may                 Persons submitting comments are                             Below is the text of the proposed rule
                                               designate if it finds such longer period                cautioned that we do not redact or edit                  change. Proposed new language is in
                                               to be appropriate and publishes its                     personal identifying information from                    italics; proposed deletions are in
                                               reasons for so finding or (ii) as to which              comment submissions. You should                          brackets.
                                               the self-regulatory organization                        submit only information that you wish
                                               consents, the Commission will:                                                                                   *     *     *     *     *
                                                                                                       to make available publicly. All
                                                 (A) By order approve or disapprove                    submissions should refer to File                         12214. Payment of Arbitrators
                                               such proposed rule change, or                           Number SR–ISE–2018–16 and should be                        (a)–(d) No change.
                                                 (B) institute proceedings to determine                submitted on or before April 4, 2018.                      (e) Payment for Explained Decisions
                                               whether the proposed rule change                                                                                   (1) The chairperson who is
                                                                                                         For the Commission, by the Division of
                                               should be disapproved.                                                                                           responsible for writing an explained
                                                                                                       Trading and Markets, pursuant to delegated
                                                                                                                                                                decision pursuant to Rule 12904(g) will
                                                                                                       authority.8
                                               IV. Solicitation of Comments                                                                                     receive an additional honorarium of
                                                                                                       Eduardo A. Aleman,                                       $400. [The panel will allocate the cost
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                                                 Interested persons are invited to                     Assistant Secretary.                                     of the honorarium under Rule 12904(g)
                                               submit written data, views, and                         [FR Doc. 2018–05163 Filed 3–13–18; 8:45 am]              to the parties.]
                                               arguments concerning the foregoing,
                                                                                                       BILLING CODE 8011–01–P
                                               including whether the proposed rule                                                                                1 15 U.S.C. 78s(b)(1).
                                               change is consistent with the Act.                                                                                 2 17 CFR 240.19b–4.
                                               Comments may be submitted by any of                                                                                3 15 U.S.C. 78s(b)(3)(A)(ii).

                                               the following methods:                                    8 17   CFR 200.30–3(a)(12).                              4 17 CFR 240.19b–4(f)(2).




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Document Created: 2018-03-14 01:06:32
Document Modified: 2018-03-14 01:06:32
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 Citation83 FR 11254 

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