83_FR_11309 83 FR 11259 - Self-Regulatory Organizations; Nasdaq GEMX, LLC; Notice of Filing of Proposed Rule Change To Introduce the ATR Protection for Orders That Are Routed to Away Markets

83 FR 11259 - Self-Regulatory Organizations; Nasdaq GEMX, 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 Range11259-11261
FR Document2018-05164

Federal Register, Volume 83 Issue 50 (Wednesday, March 14, 2018)
[Federal Register Volume 83, Number 50 (Wednesday, March 14, 2018)]
[Notices]
[Pages 11259-11261]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-05164]


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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82847; File No. SR-GEMX-2018-09]


Self-Regulatory Organizations; Nasdaq GEMX, 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 26, 2018, Nasdaq GEMX, LLC (``GEMX'' or ``Exchange'') filed 
with the Securities and Exchange Commission (``Commission'') the 
proposed rule change as described in Items I and II, below, which Items 
have been prepared by the Exchange. The Commission is publishing this 
notice to solicit comments on the proposed rule change from interested 
persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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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://nasdaqgemx.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 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 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. GEMX: $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. GEMX: $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,

[[Page 11260]]

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. GEMX: $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. GEMX: $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 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-GEMX-2018-09 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-GEMX-2018-09. 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

[[Page 11261]]

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-
GEMX-2018-09 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. 2018-05164 Filed 3-13-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                                              Federal Register / Vol. 83, No. 50 / Wednesday, March 14, 2018 / Notices                                                     11259

                                                 For the Commission, by the Division of                forth in sections A, B, and C below, of                  language to a separate bullet under
                                               Trading and Markets, pursuant to delegated              the most significant aspects of such                     proposed Rule 714(a)(1)(ii). In addition,
                                               authority.19                                            statements.                                              proposed Rule 714(a)(1)(ii) will indicate
                                               Eduardo A. Aleman,                                                                                               that the reference price is calculated
                                               Assistant Secretary.
                                                                                                       A. Self-Regulatory Organization’s
                                                                                                       Statement of the Purpose of, and                         upon receipt of a new order or quote,
                                               [FR Doc. 2018–05075 Filed 3–13–18; 8:45 am]
                                                                                                       Statutory Basis for, the Proposed Rule                   provided that if the applicable NBB or
                                               BILLING CODE 8011–01–P
                                                                                                       Change                                                   NBO price is improved at the time an
                                                                                                                                                                order is routed to an away market, a
                                                                                                       1. Purpose                                               new reference price is calculated based
                                               SECURITIES AND EXCHANGE                                    The Exchange offers an Acceptable                     on the NBB or NBO at that time.
                                               COMMISSION                                              Trade Range (‘‘ATR’’) protection that                       Although the Exchange will continue
                                                                                                       prevents the execution of quotes and                     to use the NBB or NBO as the reference
                                               [Release No. 34–82847; File No. SR–GEMX–
                                               2018–09]                                                orders on the regular order book outside                 price for the ATR protection, the
                                                                                                       of set thresholds. The purpose of the                    Exchange believes that it is appropriate
                                               Self-Regulatory Organizations; Nasdaq                   proposed rule change is to enhance this                  to update the reference price if the
                                               GEMX, LLC; Notice of Filing of                          ATR protection for orders that are                       applicable NBB or NBO price is
                                               Proposed Rule Change To Introduce                       routed to away markets pursuant to the                   improved at the time an order is routed
                                               the ATR Protection for Orders That Are                  Options Order Protection and Locked/                     to an away market. Orders that are
                                               Routed to Away Markets                                  Crossed Markets Plan (‘‘Linkage Plan’’)                  routed to away markets are eligible for
                                                                                                       instead of being executed immediately                    the ‘‘Flash’’ auction process described
                                               March 9, 2018.                                                                                                   in Supplementary Material .02 to Rule
                                                                                                       on the Exchange or resting on the
                                                  Pursuant to Section 19(b)(1) of the                  regular order book.                                      1901. When a Flash auction is initiated,
                                               Securities Exchange Act of 1934                            As codified in Rule 714(b)(1), the                    members are given an opportunity to
                                               (‘‘Act’’),1 and Rule 19b–4 thereunder,2                 Exchange’s trading system calculates an                  enter responses to trade with the order
                                               notice is hereby given that on February                 Acceptable Trade Range to limit the                      for a time period established by the
                                               26, 2018, Nasdaq GEMX, LLC (‘‘GEMX’’                    range of prices at which an order or                     Exchange not to exceed one (1) second.5
                                               or ‘‘Exchange’’) filed with the Securities              quote will be allowed to execute.3 The                   Because the applicable NBB or NBO
                                               and Exchange Commission                                 Acceptable Trade Range is calculated by                  price may change during the Flash
                                               (‘‘Commission’’) the proposed rule                      taking the reference price, plus or minus                auction, the Exchange believes that it is
                                               change as described in Items I and II,                  a value to be determined by the                          appropriate to consider the updated
                                               below, which Items have been prepared                   Exchange (i.e., the reference price¥(x)                  NBB or NBO price at the time the order
                                               by the Exchange. The Commission is                      for sell orders/quotes and the reference                 is actually routed to an away market, if
                                               publishing this notice to solicit                       price + (x) for buy orders or quotes).4                  doing so would provide additional
                                               comments on the proposed rule change                    Upon receipt of a new order or quote,                    protection to the order—i.e., if the NBB
                                               from interested persons.                                the reference price is the national best                 or NBO price used as the reference price
                                               I. Self-Regulatory Organization’s                       bid (‘‘NBB’’) for sell orders/quotes and                 is improved at that time. If the NBB or
                                               Statement of the Terms of Substance of                  the national best offer (‘‘NBO’’) for buy                NBO price is not improved, the ATR
                                               the Proposed Rule Change                                orders/quotes. If an order or quote                      protection will continue to use the NBB
                                                                                                       reaches the outer limit of the Acceptable                or NBO price on entry as the reference
                                                  The Exchange proposes to introduce                   Trade Range without being fully                          price, thereby providing the maximum
                                               its Acceptable Trade Range protection                   executed then any unexecuted balance                     protection to the order. The following
                                               for orders that are routed to away                      will be cancelled.                                       examples illustrate how the ATR
                                               markets pursuant to the Options Order                      Currently, the trading system                         protection will be applied to orders
                                               Protection and Locked/Crossed Markets                   calculates an appropriate reference price                routed to away markets:
                                               Plan.                                                   for an incoming order or quote when                         Example 1
                                                  The text of the proposed rule change                 that order or quote rests or trades on the               1. ATR threshold set to $0.15 for non-penny
                                               is available on the Exchange’s website at               regular order book but not when orders                         symbols
                                               http://nasdaqgemx.cchwallstreet.com/,                   are routed to an away market pursuant                    2. NBBO is $0.90 (35) × $1.00 (25):
                                               at the principal office of the Exchange,                to the Linkage Plan without first trading                   a. BATS: $0.90 (10) × $1.00 (25)
                                               and at the Commission’s Public                                                                                      b. CBOE: $0.90 (25) × $1.05 (25)
                                                                                                       on the Exchange. The Exchange now                           c. MIAX: $0.85 (25) × $1.15 (25)
                                               Reference Room.                                         proposes to enhance its ATR protection                      d. GEMX: $0.85 (50) × $1.20 (50)
                                               II. Self-Regulatory Organization’s                      by applying it to orders that are routed                 3. Member enters a Limit Order to buy 200
                                               Statement of the Purpose of, and                        to away markets without first trading on                       contracts at $1.20
                                               Statutory Basis for, the Proposed Rule                  the Exchange. As proposed, Rule                          4. Flash auction initiated at a price of $1.00
                                                                                                       714(a)(1) will continue to provide that                  5. CBOE quote improved establishing a new
                                               Change
                                                                                                       the reference price for the ATR                                NBBO of $0.90 (35) × $0.95 (25):
                                                 In its filing with the Commission, the                protection is the NBB for sell orders/                      a. BATS: $0.90 (10) × $1.00 (25)
                                               Exchange included statements                                                                                        b. CBOE: $0.90 (25) × $0.95 (25)
                                                                                                       quotes and the NBO for buy orders/
                                               concerning the purpose of and basis for                                                                             c. MIAX: $0.85 (25) × $1.15 (25)
                                                                                                       quotes. For clarity, however, the                           d. GEMX: $0.85 (50) × $1.20 (50)
                                               the proposed rule change and discussed                  Exchange proposes to move this
                                               any comments it received on the                                                                                  6. No responses entered and Flash auction
                                                                                                                                                                      terminates and routes:
                                               proposed rule change. The text of these
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                         3 The ATR protection is not available for All-or-
                                                                                                                                                                   a. 25 contracts to buy to CBOE at $0.95
                                               statements may be examined at the                       None orders.                                                b. 25 contracts to buy to BATS at $1.00
                                               places specified in Item IV below. The                    4 There are three categories of options for ATR: (1)
                                                                                                                                                                7. Because the NBO is improved at time of
                                               Exchange has prepared summaries, set                    Penny Pilot Options trading in one cent increments
                                                                                                                                                                      routing, the reference price is set to the
                                                                                                       for options trading at less than $3.00 and
                                                                                                       increments of five cents for options trading at $3.00          improved NBO price of $0.95,
                                                 19 17 CFR 200.30–3(a)(12).                            or more, (2) Penny Pilot Options trading in one-cent
                                                 1 15 U.S.C. 78s(b)(1).                                increments for all prices, and (3) Non-Penny Pilot         5 Currently, the exposure period for the Flash
                                                 2 17 CFR 240.19b–4.                                   Options.                                                 auction is set to 150 milliseconds.



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                                               11260                          Federal Register / Vol. 83, No. 50 / Wednesday, March 14, 2018 / Notices

                                                     establishing an Acceptable Trade Range               the time an order or quote rests or trades            C. Self-Regulatory Organization’s
                                                     of $1.10                                             locally but not when an order is routed               Statement on Comments on the
                                               8. The remaining balance of 150 contracts                  to an away market pursuant to the                     Proposed Rule Change Received From
                                                     that cannot be executed within the                   Linkage Plan without first trading on the             Members, Participants, or Others
                                                     Acceptable Trade Range is cancelled
                                                  Example 2
                                                                                                          Exchange. To further protect orders that                No written comments were either
                                               1. ATR threshold set to $0.15 for non-penny                are subject to routing that have not                  solicited or received.
                                                     symbols                                              traded on the Exchange, the Exchange is
                                               2. NBBO is $0.90 (35) × $1.00 (25):                        proposing to implement the ATR                        III. Date of Effectiveness of the
                                                  a. BATS: $0.90 (10) × $1.00 (25)                        protection for those orders. The                      Proposed Rule Change and Timing for
                                                  b. CBOE: $0.90 (25) × $1.05 (25)                        Exchange will continue to use the                     Commission Action
                                                  c. MIAX: $0.85 (25) × $1.15 (25)                        NBBO as the reference price for the ATR
                                                  d. GEMX: $0.85 (50) × $1.20 (50)
                                                                                                                                                                  Within 45 days of the date of
                                                                                                          protection but now that the Exchange is               publication of this notice in the Federal
                                               3. Member enters a Limit Order to buy 200                  protecting orders that are routed away
                                                     contracts at $1.20                                                                                         Register or within such longer period
                                               4. Flash auction initiated at a price of $1.00
                                                                                                          pursuant to the Linkage Plan without                  up to 90 days (i) as the Commission may
                                               5. BATS quote worsened establishing a new                  trading on the Exchange, the Exchange                 designate if it finds such longer period
                                                     NBBO of $0.90 (35) × $1.05 (50):                     proposes to use the NBBO price on                     to be appropriate and publishes its
                                                  a. BATS: $0.90 (10) × $1.05 (25)                        routing instead of the NBBO on receipt                reasons for so finding or (ii) as to which
                                                  b. CBOE: $0.90 (25) × $1.05 (25)                        only in those circumstances where the                 the self-regulatory organization
                                                  c. MIAX: $0.85 (25) × $1.15 (25)                        NBBO is improved at the time of                       consents, the Commission will:
                                                  d. GEMX: $0.85 (50) × $1.20 (50)                        routing. As described earlier in this
                                               6. No responses entered and Flash auction
                                                                                                                                                                  (A) By order approve or disapprove
                                                                                                          proposed rule change, the Exchange                    such proposed rule change, or
                                                     terminates and routes:                               operates a Flash auction that provides
                                                  a. 25 contracts to buy to BATS at $1.05                                                                         (B) institute proceedings to determine
                                                  b. 25 contracts to buy to CBOE at $1.05
                                                                                                          an opportunity for Members to match or                whether the proposed rule change
                                                  c. 25 contracts to buy to MIAX at $1.15                 improve the NBBO price prior to routing               should be disapproved.
                                               7. Because the NBO is worsened at time of                  eligible orders to away markets. Since
                                                     routing, the reference price is set to the           the NBBO price may change during the                  IV. Solicitation of Comments
                                                     initial NBO price of $1.00, establishing             Flash auction’s exposure period, the                    Interested persons are invited to
                                                     an Acceptable Trade Range of $1.15                   Exchange believes that the ATR                        submit written data, views, and
                                               8. The remaining balance of 125 contracts                  protection should take improved NBBO                  arguments concerning the foregoing,
                                                     that cannot be executed within the                   prices into account when determining
                                                     Acceptable Trade Range is cancelled
                                                                                                                                                                including whether the proposed rule
                                                                                                          whether a particular price is a                       change is consistent with the Act.
                                               Implementation                                             reasonable execution price. The                       Comments may be submitted by any of
                                                                                                          Exchange believes, however, that a                    the following methods:
                                                 The Exchange proposes to launch the
                                                                                                          worsened NBBO price should not be
                                               ATR functionality described in this                                                                              Electronic Comments
                                                                                                          considered as this would decrease
                                               proposed rule change no later than
                                               October 31, 2018. The Exchange will
                                                                                                          rather than increase the protection                     • Use the Commission’s internet
                                                                                                          provided to such an order. In sum, the                comment form (http://www.sec.gov/
                                               announce the implementation date of
                                                                                                          proposed changes to the ATR protection                rules/sro.shtml); or
                                               this functionality in an Options Trader
                                               Alert issued to members prior to the
                                                                                                          will protect investors and the public                   • Send an email to rule-comments@
                                                                                                          interest by providing additional                      sec.gov. Please include File Number SR–
                                               launch date.
                                                                                                          protections designed to ensure that                   GEMX–2018–09 on the subject line.
                                               2. Statutory Basis                                         quotes and orders entered on the
                                                                                                          Exchange are executed at reasonable                   Paper Comments
                                                  The Exchange believes that its
                                               proposal is consistent with Section 6(b)                   prices, and thereby perfect the                         • Send paper comments in triplicate
                                               of the Act,6 in general, and furthers the                  mechanism of a free and open market                   to Secretary, Securities and Exchange
                                               objectives of Section 6(b)(5) of the Act,7                 and a national market system.                         Commission, 100 F Street NE,
                                               in particular, in that it is designed to                                                                         Washington, DC 20549–1090.
                                                                                                          B. Self-Regulatory Organization’s
                                               promote just and equitable principles of                   Statement on Burden on Competition                    All submissions should refer to File
                                               trade, to remove impediments to and                                                                              Number SR–GEMX–2018–09. This file
                                               perfect the mechanism of a free and                           The Exchange does not believe that                 number should be included on the
                                               open market and a national market                          the proposed rule change will impose                  subject line if email is used. To help the
                                               system, and, in general to protect                         any burden on competition that is not                 Commission process and review your
                                               investors and the public interest.                         necessary or appropriate in furtherance               comments more efficiently, please use
                                                  Specifically, the Exchange believes                     of the purposes of the Act. The                       only one method. The Commission will
                                               that the proposed rule change would                        proposed rule change is designed to                   post all comments on the Commission’s
                                               remove impediments to and perfect the                      enhance the Exchange’s ATR protection                 internet website (http://www.sec.gov/
                                               mechanism of a free and open market by                     by extending that protection to orders                rules/sro.shtml ). Copies of the
                                               enhancing the Exchange’s ATR                               that are routed to away markets that did              submission, all subsequent
                                               protection. The ATR functionality is                       not first trade on the Exchange. The                  amendments, all written statements
                                               designed to ensure that orders and                         proposed protection will apply equally                with respect to the proposed rule
                                               quotes entered on the Exchange are                         to all orders that are routed to away                 change that are filed with the
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                                               executed at reasonable prices based on                     markets pursuant to the Linkage Plan.                 Commission, and all written
                                               the applicable NBBO price on receipt.                      The Exchange believes that this change                communications relating to the
                                               Currently, the Exchange’s ATR                              is the result of a competitive market                 proposed rule change between the
                                               protection calculates a reference price at                 where exchanges must continually                      Commission and any person, other than
                                                                                                          improve the functionality offered to                  those that may be withheld from the
                                                 6 15   U.S.C. 78f(b).                                    market participants in order to remain                public in accordance with the
                                                 7 15   U.S.C. 78f(b)(5).                                 competitive.                                          provisions of 5 U.S.C. 552, will be


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                                                                            Federal Register / Vol. 83, No. 50 / Wednesday, March 14, 2018 / Notices                                                       11261

                                               available for website viewing and                           Rule 13h–1 and Form 13H under                       complete. The average internal cost of
                                               printing in the Commission’s Public                      Section 13(h) of the Exchange Act                      compliance per response is $1,770,
                                               Reference Room, 100 F Street NE,                         established a large trader reporting                   calculated as follows: (2 hours of
                                               Washington, DC 20549, on official                        framework.2 The framework assists the                  compliance manager time at $307 per
                                               business days between the hours of                       Commission in identifying and                          hour) + (2 hours of legal time at $362
                                               10:00 a.m. and 3:00 p.m. Copies of the                   obtaining certain baseline information                 per hour) + (2 hours of paralegal time at
                                               filing also will be available for                        about traders that conduct a substantial               $212 per hour) = $1,770.
                                               inspection and copying at the principal                  amount of trading activity, as measured                  Each registered broker-dealer’s
                                               office of the Exchange. All comments                     by volume or market value, in the U.S.                 monitoring requirement takes
                                               received will be posted without change.                  securities markets.                                    approximately 15 hours per year. The
                                               Persons submitting comments are                             The identification, recordkeeping, and              average internal cost of compliance is
                                               cautioned that we do not redact or edit                  reporting framework provides the                       $5,430, calculated as follows: 15 hours
                                               personal identifying information from                    Commission with a mechanism to                         of legal time at $362 per hour = $5,430.
                                               comment submissions. You should                          identify large traders and obtain                      The Commission estimates that it may
                                               submit only information that you wish                    additional information on their trading                send 100 requests specifically seeking
                                               to make available publicly. All                          activity. Specifically, the rule requires              large trader data per year to each
                                               submissions should refer to File                         large traders to identify themselves to                registered broker-dealer subject to the
                                               Number SR–GEMX–2018–09 and                               the Commission and make certain                        rule, and it would take each registered
                                               should be submitted on or before April                   disclosures to the Commission on Form                  broker-dealer 2 hours to comply with
                                               4, 2018.                                                 13H. Upon receipt of Form 13H, the                     each request. Accordingly, the annual
                                                 For the Commission, by the Division of                 Commission issues a unique                             reporting hour burden for a broker-
                                               Trading and Markets, pursuant to delegated               identification number to the large                     dealer is estimated to be 200 burden
                                               authority.8                                              trader, which the large trader then                    hours (100 requests × 2 burden hours/
                                               Eduardo A. Aleman,                                       provides to its registered broker-dealers.             request = 200 burden hours). The
                                               Assistant Secretary.                                     Certain registered broker-dealers are                  average internal cost of compliance per
                                               [FR Doc. 2018–05164 Filed 3–13–18; 8:45 am]
                                                                                                        required to maintain transaction records               response is $432, calculated as follows:
                                                                                                        for each large trader, and are required to             2 hours of paralegal time at $212 per
                                               BILLING CODE 8011–01–P
                                                                                                        report that information to the                         hour = $432.
                                                                                                        Commission upon request.3 In addition,
                                                                                                        certain registered broker-dealers are                    Compliance with Rule 13h–1 is
                                               SECURITIES AND EXCHANGE                                                                                         mandatory. The information collection
                                               COMMISSION                                               required to adopt procedures to monitor
                                                                                                        their customers for activity that would                under proposed Rule 13h–1 is
                                                                                                        trigger the identification requirements of             considered confidential subject to the
                                               Submission for OMB Review;
                                                                                                        the rule.                                              limited exceptions provided by the
                                               Comment Request
                                                                                                           The respondents to the collection of                Freedom of Information Act.4
                                               Upon Written Request, Copies Available                   information are large traders. There are                 An agency may not conduct or
                                                From: Securities and Exchange                           currently approximately 6,300 large                    sponsor, and a person is not required to
                                                Commission, Office of FOIA Services,                    traders and 300 registered broker-                     respond to, a collection of information
                                                100 F Street NE, Washington, DC                         dealers. Based on its experience                       under the PRA unless it displays a
                                                20549–2736.                                             collecting initial Forms 13H in previous               currently valid OMB control number.
                                               Extension: Rule 13h–1 and Form 13H                       years, the Commission estimates that                     The public may view background
                                                 SEC File No. 270–614, OMB Control No.                  approximately 600 new large traders                    documentation for this information
                                                   3235–0682                                            will register each year and thus be                    collection at the following website:
                                                  Notice is hereby given that pursuant                  subject to quarterly and annual                        www.reginfo.gov. Comments should be
                                               to the Paperwork Reduction Act of 1995                   reporting requirements over the next                   directed to: (i) Desk Officer for the
                                               (44 U.S.C. 3501 et seq. ‘‘PRA’’), the                    three years.                                           Securities and Exchange Commission,
                                               Securities and Exchange Commission                          Each new large trader respondent files              Office of Information and Regulatory
                                               (‘‘SEC’’ or ‘‘Commission’’) has                          one response, which takes                              Affairs, Office of Management and
                                               submitted to the Office of Management                    approximately 20 hours to complete.                    Budget, Room 10102, New Executive
                                               and Budget (‘‘OMB’’) a request for                       The average internal cost of compliance                Office Building, Washington, DC 20503,
                                               approval of extension of the existing                    per response is $5,615, calculated as                  or by sending an email to: Shagufta_
                                               collection of information provided for in                follows: (3 hours of compliance manager                Ahmed@omb.eop.gov; and (ii) Pamela C.
                                               Rule 13h–1 (17 CFR 240.13h–1) and                        time at $307 per hour) + (7 hours of                   Dyson, Director/Chief Information
                                               Form 13H—registration of large traders 1                 legal time at $362 per hour) + (10 hours               Officer, Securities and Exchange
                                               submitted pursuant to Section 13(h) of                   of paralegal time at $212 per hour) =                  Commission, c/o Remi Pavlik-Simon,
                                               the Securities Exchange Act of 1934 (15                  $5,615. Additionally, on average, each                 100 F Street NE, Washington, DC 20549,
                                               U.S.C. 78a et seq.) (‘‘Exchange Act’’).                  large trader respondent (including new                 or by sending an email to: PRA_
                                                                                                        respondents) files 2 responses per year,               Mailbox@sec.gov. Comments must be
                                                 8 17 CFR 200.30–3(a)(12).                              which take approximately 6 hours to                    submitted to OMB within 30 days of
                                                 1 Rule  13h–1(a)(1) defines ‘‘large trader’’ as any
                                                                                                           2 See Securities Exchange Act Release No. 64976
                                                                                                                                                               this notice.
                                               person that directly or indirectly, including through
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                                               other persons controlled by such person, exercises       (July 27, 2011), 76 FR 46959 (August 3, 2011).           Dated: March 8, 2018.
                                               investment discretion over one or more accounts             3 The Commission, pursuant to Rule 17a–25 (17
                                                                                                                                                               Eduardo A. Aleman,
                                               and effects transactions for the purchase or sale of     CFR 240.17a–25), currently collects transaction data
                                               any NMS security for or on behalf of such accounts,      from registered broker-dealers through the             Assistant Secretary.
                                               by or through one or more registered broker-dealers,     Electronic Blue Sheets (‘‘EBS’’) system to support     [FR Doc. 2018–05168 Filed 3–13–18; 8:45 am]
                                               in an aggregate amount equal to or greater than the      its regulatory and enforcement activities. The large   BILLING CODE 8011–01–P
                                               identifying activity level or voluntarily registers as   trader framework added two new fields, the time of
                                               a large trader by filing electronically with the         the trade and the identity of the trader, to the EBS
                                               Commission Form 13H.                                     system.                                                  4 See   5 U.S.C. 552 and 15 U.S.C. 78m(h)(7).



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Document Created: 2018-03-14 01:06:31
Document Modified: 2018-03-14 01:06:31
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 11259 

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