83_FR_11326 83 FR 11276 - Self-Regulatory Organizations; Nasdaq MRX, LLC; Notice of Filing of Proposed Rule Change To Introduce the ATR Protection for Orders That Are Routed to Away Markets

83 FR 11276 - Self-Regulatory Organizations; Nasdaq MRX, 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 Range11276-11278
FR Document2018-05165

Federal Register, Volume 83 Issue 50 (Wednesday, March 14, 2018)
[Federal Register Volume 83, Number 50 (Wednesday, March 14, 2018)]
[Notices]
[Pages 11276-11278]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-05165]



[[Page 11276]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82848; File No. SR-MRX-2018-08]


Self-Regulatory Organizations; Nasdaq MRX, 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 MRX, LLC (``MRX'' 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://nasdaqmrx.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. MRX: $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. MRX: $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

[[Page 11277]]

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. MRX: $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. MRX: $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 rule-comments@sec.gov. Please include 
File Number SR-MRX-2018-08 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-MRX-2018-08. 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 11278]]

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-MRX-
2018-08 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).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-05165 Filed 3-13-18; 8:45 am]
 BILLING CODE 8011-01-P



                                               11276                          Federal Register / Vol. 83, No. 50 / Wednesday, March 14, 2018 / Notices

                                               SECURITIES AND EXCHANGE                                    A. Self-Regulatory Organization’s                        that the reference price is calculated
                                               COMMISSION                                                 Statement of the Purpose of, and                         upon receipt of a new order or quote,
                                                                                                          Statutory Basis for, the Proposed Rule                   provided that if the applicable NBB or
                                               [Release No. 34–82848; File No. SR–MRX–                    Change                                                   NBO price is improved at the time an
                                               2018–08]
                                                                                                                                                                   order is routed to an away market, a
                                                                                                          1. Purpose                                               new reference price is calculated based
                                               Self-Regulatory Organizations; Nasdaq                         The Exchange offers an Acceptable                     on the NBB or NBO at that time.
                                               MRX, LLC; Notice of Filing of Proposed                     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
                                               Rule Change To Introduce the ATR
                                                                                                          orders on the regular order book outside                 price for the ATR protection, the
                                               Protection for Orders That Are Routed
                                                                                                          of set thresholds. The purpose of the                    Exchange believes that it is appropriate
                                               to Away Markets                                                                                                     to update the reference price if the
                                                                                                          proposed rule change is to enhance this
                                               March 9, 2018.                                             ATR protection for orders that are                       applicable NBB or NBO price is
                                                                                                          routed to away markets pursuant to the                   improved at the time an order is routed
                                                  Pursuant to Section 19(b)(1) of the                     Options Order Protection and Locked/                     to an away market. Orders that are
                                               Securities Exchange Act of 1934                            Crossed Markets Plan (‘‘Linkage Plan’’)                  routed to away markets are eligible for
                                               (‘‘Act’’),1 and Rule 19b–4 thereunder,2                    instead of being executed immediately                    the ‘‘Flash’’ auction process described
                                               notice is hereby given that on February                    on the Exchange or resting on the                        in Supplementary Material .02 to Rule
                                               23, 2018, Nasdaq MRX, LLC (‘‘MRX’’ or                      regular order book.                                      1901. When a Flash auction is initiated,
                                               ‘‘Exchange’’) filed with the Securities                       As codified in Rule 714(b)(1), the                    members are given an opportunity to
                                               and Exchange Commission                                    Exchange’s trading system calculates an                  enter responses to trade with the order
                                               (‘‘Commission’’) the proposed rule                         Acceptable Trade Range to limit the                      for a time period established by the
                                               change as described in Items I and II,                     range of prices at which an order or                     Exchange not to exceed one (1) second.5
                                               below, which Items have been prepared                      quote will be allowed to execute.3 The                   Because the applicable NBB or NBO
                                               by the Exchange. The Commission is                         Acceptable Trade Range is calculated by                  price may change during the Flash
                                               publishing this notice to solicit                          taking the reference price, plus or minus                auction, the Exchange believes that it is
                                               comments on the proposed rule change                       a value to be determined by the                          appropriate to consider the updated
                                               from interested persons.                                   Exchange (i.e., the reference price¥(x)                  NBB or NBO price at the time the order
                                                                                                          for sell orders/quotes and the reference                 is actually routed to an away market, if
                                               I. Self-Regulatory Organization’s                          price + (x) for buy orders or quotes).4                  doing so would provide additional
                                               Statement of the Terms of Substance of                     Upon receipt of a new order or quote,                    protection to the order—i.e., if the NBB
                                               the Proposed Rule Change                                   the reference price is the national best                 or NBO price used as the reference price
                                                                                                          bid (‘‘NBB’’) for sell orders/quotes and                 is improved at that time. If the NBB or
                                                  The Exchange proposes to introduce                      the national best offer (‘‘NBO’’) for buy                NBO price is not improved, the ATR
                                               its Acceptable Trade Range protection                      orders/quotes. If an order or quote                      protection will continue to use the NBB
                                               for orders that are routed to away                         reaches the outer limit of the Acceptable                or NBO price on entry as the reference
                                               markets pursuant to the Options Order                      Trade Range without being fully                          price, thereby providing the maximum
                                               Protection and Locked/Crossed Markets                      executed then any unexecuted balance                     protection to the order. The following
                                               Plan.                                                      will be cancelled.                                       examples illustrate how the ATR
                                                  The text of the proposed rule change                       Currently, the trading system                         protection will be applied to orders
                                               is available on the Exchange’s website at                  calculates an appropriate reference price                routed to away markets:
                                               http://nasdaqmrx.cchwallstreet.com/, at                    for an incoming order or quote when                         Example 1
                                                                                                          that order or quote rests or trades on the               1. ATR threshold set to $0.15 for non-penny
                                               the principal office of the Exchange, and                                                                                 symbols
                                               at the Commission’s Public Reference                       regular order book but not when orders
                                                                                                                                                                   2. NBBO is $0.90 (35) × $1.00 (25):
                                                                                                          are routed to an away market pursuant
                                               Room.                                                                                                                  a. BATS: $0.90 (10) × $1.00 (25)
                                                                                                          to the Linkage Plan without first trading                   b. CBOE: $0.90 (25) × $1.05 (25)
                                               II. Self-Regulatory Organization’s                         on the Exchange. The Exchange now                           c. MIAX: $0.85 (25) × $1.15 (25)
                                               Statement of the Purpose of, and                           proposes to enhance its ATR protection                      d. MRX: $0.85 (50) × $1.20 (50)
                                               Statutory Basis for, the Proposed Rule                     by applying it to orders that are routed                 3. Member enters a Limit Order to buy 200
                                               Change                                                     to away markets without first trading on                       contracts at $1.20
                                                                                                          the Exchange. As proposed, Rule                          4. Flash auction initiated at a price of $1.00
                                                 In its filing with the Commission, the                   714(a)(1) will continue to provide that                  5. CBOE quote improved establishing a new
                                               Exchange included statements                                                                                              NBBO of $0.90 (35) × $0.95 (25):
                                                                                                          the reference price for the ATR                             a. BATS: $0.90 (10) × $1.00 (25)
                                               concerning the purpose of and basis for                    protection is the NBB for sell orders/                      b. CBOE: $0.90 (25) × $0.95 (25)
                                               the proposed rule change and discussed                     quotes and the NBO for buy orders/                          c. MIAX: $0.85 (25) × $1.15 (25)
                                               any comments it received on the                            quotes. For clarity, however, the                           d. MRX: $0.85 (50) × $1.20 (50)
                                               proposed rule change. The text of these                    Exchange proposes to move this                           6. No responses entered and Flash auction
                                               statements may be examined at the                          language to a separate bullet under                            terminates and routes:
                                                                                                          proposed Rule 714(a)(1)(ii). In addition,                   a. 25 contracts to buy to CBOE at $0.95
                                               places specified in Item IV below. The
                                                                                                                                                                      b. 25 contracts to buy to BATS at $1.00
                                               Exchange has prepared summaries, set                       proposed Rule 714(a)(1)(ii) will indicate                7. Because the NBO is improved at time of
                                               forth in sections A, B, and C below, of                                                                                   routing, the reference price is set to the
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                            3 The ATR protection is not available for All-or-
                                               the most significant aspects of such                                                                                      improved NBO price of $0.95,
                                                                                                          None orders.                                                   establishing an Acceptable Trade Range
                                               statements.                                                  4 There are three categories of options for ATR: (1)
                                                                                                                                                                         of $1.10
                                                                                                          Penny Pilot Options trading in one cent increments
                                                                                                                                                                   8. The remaining balance of 150 contracts
                                                                                                          for options trading at less than $3.00 and
                                                                                                          increments of five cents for options trading at $3.00          that cannot be executed within the
                                                                                                          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.



                                          VerDate Sep<11>2014      18:17 Mar 13, 2018   Jkt 244001   PO 00000   Frm 00109   Fmt 4703   Sfmt 4703   E:\FR\FM\14MRN1.SGM     14MRN1


                                                                              Federal Register / Vol. 83, No. 50 / Wednesday, March 14, 2018 / Notices                                            11277

                                                     Acceptable Trade Range is cancelled                  Exchange. To further protect orders that              C. Self-Regulatory Organization’s
                                                  Example 2                                               are subject to routing that have not                  Statement on Comments on the
                                               1. ATR threshold set to $0.15 for non-penny                traded on the Exchange, the Exchange is               Proposed Rule Change Received From
                                                     symbols
                                               2. NBBO is $0.90 (35) × $1.00 (25):                        proposing to implement the ATR                        Members, Participants, or Others
                                                  a. BATS: $0.90 (10) × $1.00 (25)                        protection for those orders. The                        No written comments were either
                                                  b. CBOE: $0.90 (25) × $1.05 (25)                        Exchange will continue to use the                     solicited or received.
                                                  c. MIAX: $0.85 (25) × $1.15 (25)                        NBBO as the reference price for the ATR
                                                  d. MRX: $0.85 (50) × $1.20 (50)                         protection but now that the Exchange is               III. Date of Effectiveness of the
                                               3. Member enters a Limit Order to buy 200
                                                                                                          protecting orders that are routed away                Proposed Rule Change and Timing for
                                                     contracts at $1.20                                                                                         Commission Action
                                               4. Flash auction initiated at a price of $1.00             pursuant to the Linkage Plan without
                                               5. BATS quote worsened establishing a new                  trading on the Exchange, the Exchange                   Within 45 days of the date of
                                                     NBBO of $0.90 (35) × $1.05 (50):                     proposes to use the NBBO price on                     publication of this notice in the Federal
                                                  a. BATS: $0.90 (10) × $1.05 (25)                        routing instead of the NBBO on receipt                Register or within such longer period
                                                  b. CBOE: $0.90 (25) × $1.05 (25)                        only in those circumstances where the                 up to 90 days (i) as the Commission may
                                                  c. MIAX: $0.85 (25) × $1.15 (25)                                                                              designate if it finds such longer period
                                                                                                          NBBO is improved at the time of
                                                  d. MRX: $0.85 (50) × $1.20 (50)                                                                               to be appropriate and publishes its
                                               6. No responses entered and Flash auction                  routing. As described earlier in this
                                                                                                          proposed rule change, the Exchange                    reasons for so finding or (ii) as to which
                                                     terminates and routes:
                                                  a. 25 contracts to buy to BATS at $1.05                 operates a Flash auction that provides                the self-regulatory organization
                                                  b. 25 contracts to buy to CBOE at $1.05                 an opportunity for Members to match or                consents, the Commission will:
                                                  c. 25 contracts to buy to MIAX at $1.15                 improve the NBBO price prior to routing                 (A) By order approve or disapprove
                                               7. Because the NBO is worsened at time of                                                                        such proposed rule change, or
                                                                                                          eligible orders to away markets. Since
                                                     routing, the reference price is set to the                                                                   (B) institute proceedings to determine
                                                     initial NBO price of $1.00, establishing             the NBBO price may change during the
                                                                                                                                                                whether the proposed rule change
                                                     an Acceptable Trade Range of $1.15                   Flash auction’s exposure period, the                  should be disapproved.
                                               8. The remaining balance of 125 contracts                  Exchange believes that the ATR
                                                     that cannot be executed within the                   protection should take improved NBBO                  IV. Solicitation of Comments
                                                     Acceptable Trade Range is cancelled                  prices into account when determining                    Interested persons are invited to
                                               Implementation                                             whether a particular price is a                       submit written data, views, and
                                                                                                          reasonable execution price. The                       arguments concerning the foregoing,
                                                 The Exchange proposes to launch the
                                                                                                          Exchange believes, however, that a                    including whether the proposed rule
                                               ATR functionality described in this
                                               proposed rule change no later than                         worsened NBBO price should not be                     change is consistent with the Act.
                                               October 31, 2018. The Exchange will                        considered as this would decrease                     Comments may be submitted by any of
                                               announce the implementation date of                        rather than increase the protection                   the following methods:
                                               this functionality in an Options Trader                    provided to such an order. In sum, the                Electronic Comments
                                               Alert issued to members prior to the                       proposed changes to the ATR protection
                                                                                                          will protect investors and the public                   • Use the Commission’s internet
                                               launch date.
                                                                                                          interest by providing additional                      comment form (http://www.sec.gov/
                                               2. Statutory Basis                                         protections designed to ensure that                   rules/sro.shtml); or
                                                  The Exchange believes that its                          quotes and orders entered on the                        • Send an email to rule-comments@
                                               proposal is consistent with Section 6(b)                   Exchange are executed at reasonable                   sec.gov. Please include File Number SR–
                                               of the Act,6 in general, and furthers the                                                                        MRX–2018–08 on the subject line.
                                                                                                          prices, and thereby perfect the
                                               objectives of Section 6(b)(5) of the Act,7                 mechanism of a free and open market                   Paper Comments
                                               in particular, in that it is designed to                   and a national market system.
                                               promote just and equitable principles of                                                                           • Send paper comments in triplicate
                                               trade, to remove impediments to and                        B. Self-Regulatory Organization’s                     to Secretary, Securities and Exchange
                                               perfect the mechanism of a free and                        Statement on Burden on Competition                    Commission, 100 F Street NE,
                                               open market and a national market                                                                                Washington, DC 20549–1090.
                                               system, and, in general to protect                            The Exchange does not believe that                 All submissions should refer to File
                                               investors and the public interest.                         the proposed rule change will impose                  Number SR–MRX–2018–08. This file
                                                  Specifically, the Exchange believes                     any burden on competition that is not                 number should be included on the
                                               that the proposed rule change would                        necessary or appropriate in furtherance               subject line if email is used. To help the
                                               remove impediments to and perfect the                      of the purposes of the Act. The                       Commission process and review your
                                               mechanism of a free and open market by                     proposed rule change is designed to                   comments more efficiently, please use
                                               enhancing the Exchange’s ATR                               enhance the Exchange’s ATR protection                 only one method. The Commission will
                                               protection. The ATR functionality is                       by extending that protection to orders                post all comments on the Commission’s
                                               designed to ensure that orders and                         that are routed to away markets that did              internet website (http://www.sec.gov/
                                               quotes entered on the Exchange are                         not first trade on the Exchange. The                  rules/sro.shtml). Copies of the
                                               executed at reasonable prices based on                     proposed protection will apply equally                submission, all subsequent
                                               the applicable NBBO price on receipt.                      to all orders that are routed to away                 amendments, all written statements
                                               Currently, the Exchange’s ATR                              markets pursuant to the Linkage Plan.                 with respect to the proposed rule
                                               protection calculates a reference price at                 The Exchange believes that this change                change that are filed with the
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                                               the time an order or quote rests or trades                 is the result of a competitive market                 Commission, and all written
                                               locally but not when an order is routed                    where exchanges must continually                      communications relating to the
                                               to an away market pursuant to the                          improve the functionality offered to                  proposed rule change between the
                                               Linkage Plan without first trading on the                                                                        Commission and any person, other than
                                                                                                          market participants in order to remain
                                                                                                                                                                those that may be withheld from the
                                                                                                          competitive.
                                                 6 15   U.S.C. 78f(b).                                                                                          public in accordance with the
                                                 7 15   U.S.C. 78f(b)(5).                                                                                       provisions of 5 U.S.C. 552, will be


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                                               11278                         Federal Register / Vol. 83, No. 50 / Wednesday, March 14, 2018 / Notices

                                               available for website viewing and                          The text of the proposed rule change               will be the price over the prior three (3)
                                               printing in the Commission’s Public                     is available on the Exchange’s website at             consecutive business day period
                                               Reference Room, 100 F Street NE,                        http://www.miaxoptions.com/rule-                      preceding the submission of the listing
                                               Washington, DC 20549, on official                       filings/ at MIAX Options’ principal                   certificate to OCC, instead of the prior
                                               business days between the hours of                      office, and at the Commission’s Public                five (5) business day period.
                                               10:00 a.m. and 3:00 p.m. Copies of the                  Reference Room.                                          The Exchange acknowledges that the
                                               filing also will be available for
                                                                                                       II. Self-Regulatory Organization’s                    Options Listing Procedures Plan 4
                                               inspection and copying at the principal
                                                                                                       Statement of the Purpose of, and                      requires that the listing certificate be
                                               office of the Exchange. All comments
                                                                                                       Statutory Basis for, the Proposed Rule                provided to OCC no earlier than 12:01
                                               received will be posted without change.
                                                                                                       Change                                                a.m. and no later than 11:00 a.m.
                                               Persons submitting comments are
                                               cautioned that we do not redact or edit                    In its filing with the Commission, the             (Chicago time) on the trading day prior
                                               personal identifying information from                   Exchange included statements                          to the day on which trading is to begin.5
                                               comment submissions. You should                         concerning the purpose of and basis for               The proposed amendment will still
                                               submit only information that you wish                   the proposed rule change and discussed                comport with that requirement. For
                                               to make available publicly. All                         any comments it received on the                       example, if an initial public offering
                                               submissions should refer to File                        proposed rule change. The text of these               (‘‘IPO’’) occurs at 11:00 a.m. on Monday,
                                               Number SR–MRX–2018–08 and should                        statements may be examined at the                     the earliest date the Exchange could
                                               be submitted on or before April 4, 2018.                places specified in Item IV below. The                submit its listing certificate to OCC
                                                                                                       Exchange has prepared summaries, set                  would be on Thursday by 12:01 a.m.
                                                 For the Commission, by the Division of
                                               Trading and Markets, pursuant to delegated              forth in sections A, B, and C below, of               (Chicago time), with the market price
                                               authority.8                                             the most significant aspects of such                  determined by the closing price over the
                                               Eduardo A. Aleman,                                      statements.                                           three-day period from Monday through
                                               Assistant Secretary.                                    A. Self-Regulatory Organization’s                     Wednesday. The option on the IPO
                                               [FR Doc. 2018–05165 Filed 3–13–18; 8:45 am]             Statement of the Purpose of, and the                  would then be eligible for trading on the
                                               BILLING CODE 8011–01–P                                  Statutory Basis for, the Proposed Rule                Exchange on Friday. The proposed
                                                                                                       Change                                                amendment would essentially enable
                                                                                                                                                             options trading within four (4) business
                                                                                                       1. Purpose                                            days of an IPO becoming available
                                               SECURITIES AND EXCHANGE
                                               COMMISSION                                                 The Exchange proposes to amend                     instead of six (6) business days (five (5)
                                                                                                       Exchange Rule 402, Criteria for                       consecutive days plus the day the listing
                                               [Release No. 34–82828; File No. SR–MIAX–                Underlying Securities, to modify the                  certificate is submitted to OCC).
                                               2018–06]
                                                                                                       criteria for listing options on an                       The Exchange’s initial listing
                                               Self-Regulatory Organizations; Miami                    underlying security as defined in                     standards for equity options in Rule 402
                                               International Securities Exchange,                      Section 18(b)(1)(A) of the Securities Act             (including the current price/time
                                               LLC; Notice of Filing and Immediate                     of 1933 (hereinafter ‘‘covered security’’             standard of $3.00 per share for five (5)
                                               Effectiveness of a Proposed Rule                        or ‘‘covered securities’’). This is a                 consecutive business days) are
                                               Change To Amend Exchange Rule 402,                      competitive filing that is based on a                 substantially similar to the initial listing
                                               Criteria for Underlying Securities                      proposal recently submitted by Nasdaq                 standards adopted by other options
                                                                                                       PHLX LLC (‘‘Nasdaq Phlx’’) and                        exchanges.6 At the time the Exchange
                                               March 8, 2018.                                          approved by the Commission.3
                                                  Pursuant to the provisions of Section                                                                      received its initial approval from the
                                                                                                          In particular, the Exchange proposes
                                               19(b)(1) of the Securities Exchange Act                                                                       Commission, as part of its Rules, the
                                                                                                       to modify Rule 402(b)(5)(i) to permit the
                                               of 1934 (‘‘Act’’) 1 and Rule 19b–4                                                                            Exchange adopted the ‘‘look back’’
                                                                                                       listing of an option on an underlying
                                               thereunder,2 notice is hereby given that                                                                      period of five (5) consecutive business
                                                                                                       covered security that has a market price
                                               on February 22, 2018, Miami                                                                                   days, it determined that the five-day
                                                                                                       of at least $3.00 per share for the
                                               International Securities Exchange, LLC                                                                        period was sufficient to protect against
                                                                                                       previous three (3) consecutive business
                                               (‘‘MIAX Options’’ or the ‘‘Exchange’’)                  days preceding the date on which the                  attempts to manipulate the market price
                                               filed with the Securities and Exchange                  Exchange submits a certificate to the                 of the underlying security and would
                                               Commission (‘‘Commission’’) a                           Options Clearing Corporation (‘‘OCC’’)
                                                                                                                                                               4 The Plan for the Purpose of Developing and
                                               proposed rule change as described in                    for listing and trading. The Exchange
                                                                                                                                                             Implementing Procedures Designed to Facilitate the
                                               Items I and II below, which Items have                  does not intend to amend any other                    Listing and Trading of Standardized Options
                                               been prepared by the Exchange. The                      criteria for listing options on an                    Submitted Pursuant to Section 11a(2)(3)(B) of the
                                               Commission is publishing this notice to                 underlying security in Rule 402.                      Securities Exchange Act of 1934 (a/k/a the Options
                                               solicit comments on the proposed rule                      Currently the underlying covered                   Listing Procedures Plan (‘‘OLPP’’)) is a national
                                                                                                                                                             market system plan that, among other things, sets
                                               change from interested persons.                         security must have a closing market                   forth procedures governing the listing of new
                                                                                                       price of $3.00 per share for the previous             options series. See Securities Exchange Act Release
                                               I. Self-Regulatory Organization’s
                                                                                                       five (5) consecutive business days                    No. 44521 (July 6, 2001), 66 FR 36809 (July 13,
                                               Statement of the Terms of Substance of                                                                        2001) (Order approving OLPP). The sponsors of
                                                                                                       preceding the date on which the
                                               the Proposed Rule Change                                                                                      OLPP include OCC; BATS Exchange, Inc.; BOX
                                                                                                       Exchange submits a listing certificate to             Options Exchange LLC; C2 Options Exchange,
                                                  The Exchange is filing a proposal to                 OCC. In the proposed amendment, the                   Incorporated; Chicago Board Options Exchange,
                                               amend Exchange Rule 402, Criteria for                   market price will still be measured by
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                                                                                                                                                             Incorporated; EDGX Exchange, Inc.; Miami
                                               Underlying Securities, to modify the                    the closing price reported in the primary             International Securities Exchange, LLC; MIAX
                                               criteria for listing an option on an                                                                          PEARL, LLC; The Nasdaq Stock Market LLC;
                                                                                                       market in which the underlying covered                NASDAQ BX, Inc.; Nasdaq PHLX LLC; Nasdaq
                                               underlying covered security.                            security is traded, but the measurement               GEMX, LLC; Nasdaq ISE, LLC; Nasdaq MRX, LLC;
                                                                                                                                                             NYSE American, LLC; and NYSE Arca, Inc.
                                                 8 17 CFR 200.30–3(a)(12).                                3 See Securities Exchange Act Release No. 82474      5 See OLPP at page 3.
                                                 1 15 U.S.C. 78s(b)(1).                                (January 9, 2018), 83 FR 2240 (January 16, 2018)        6 See, e.g., Phlx Rule 1009, Commentary .01; see
                                                 2 17 CFR 240.19b–4.                                   (Order Approving SR–Phlx–2017–75).                    also BOX Rule 5020(b)(5).



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Document Created: 2018-03-14 01:06:24
Document Modified: 2018-03-14 01:06:24
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 11276 

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