83_FR_17533 83 FR 17457 - Self-Regulatory Organizations; Nasdaq GEMX, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Codify Within Rule 718 the Data Feeds on GEMX

83 FR 17457 - Self-Regulatory Organizations; Nasdaq GEMX, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Codify Within Rule 718 the Data Feeds on GEMX

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 76 (April 19, 2018)

Page Range17457-17459
FR Document2018-08157

Federal Register, Volume 83 Issue 76 (Thursday, April 19, 2018)
[Federal Register Volume 83, Number 76 (Thursday, April 19, 2018)]
[Notices]
[Pages 17457-17459]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08157]


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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83050; File No. SR-GEMX-2018-12]


Self-Regulatory Organizations; Nasdaq GEMX, LLC; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Codify Within 
Rule 718 the Data Feeds on GEMX

April 13, 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 April 4, 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.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to codify within Rule 718, which rule is 
currently reserved, the data feeds that are currently offered on GEMX.
    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 purpose of the proposed rule change is to codify within Rule 
718, which rule is currently reserved, the data feeds that are 
currently offered on GEMX and previously filed in prior rule changes as 
described in more detail below. The Exchange proposes to rename Rule 
718 ``Data Feeds'' and list the various data feed offerings within that 
rule.
    The Exchange has previously filed a rule change which describes the 
various data offerings.\3\ The data offerings contained in that rule 
change included: the Nasdaq GEMX Real-time Depth of Market Raw Data 
Feed (``Depth of Market Feed''), the Nasdaq GEMX Order Feed (``Order 
Feed''), the Nasdaq GEMX Top Quote Feed (``Top Quote Feed''), and the 
Nasdaq GEMX Trades Feed (``Trades Feed''). Each of the data offerings 
are described in more detail below.
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 80649 (May 10, 
2017), 82 FR 22595 (May 16, 2017) (SR-GEMX-2017-07) (Notice of 
Filing and Immediate Effectiveness of Proposed Rule Change To 
Establish INET Ports) (``Prior Filing'').
---------------------------------------------------------------------------

Universal Changes
    The Exchange notes it proposes various universal amendments to its 
data feeds for consistency and clarity. References to ``instrument'' 
will be replaced by the more specific language ``options series.'' 
Where the Exchange previously referred to ``trading status'' those 
words will be replaced with language which specifically explains the 
information for status, which is, ``whether the option series is 
available for trading on GEMX and identifies if the series is available 
for closing transactions only.'' The word ``customer'' will be replaced 
with the defined term ``Priority Customer.'' \4\ References to the word 
``cumulative,'' when referring to volume, will be replaced with more 
specific language namely, ``daily trading,'' to refer to the volume. 
These aforementioned amendments are made, where applicable, within the 
data feeds described below in more detail. Finally, the Exchange is 
adding language in Rule 718(a) to make clear that the data feeds 
pertain to GEMX trading information.
---------------------------------------------------------------------------

    \4\ The term ``Priority Customer'' means a person or entity that 
(i) is not a broker or dealer in securities, and (ii) does not place 
more than 390 orders in listed options per day on average during a 
calendar month for its own beneficial account(s). See GEMX Rule 
100(a)(41A).
---------------------------------------------------------------------------

Depth of Market Feed
    In a Prior Filing the Exchange described the Depth Feed as 
providing aggregate quotes and orders at the top five price levels on 
the Exchange, and provides subscribers with a consolidated view of 
tradable prices beyond the BBO, showing additional liquidity and 
enhancing transparency for GEMX traded options. The data provided for 
each instrument includes the symbols (series and underlying security), 
put or call indicator, expiration date, the strike price of the series, 
and trading status. In addition, subscribers are provided with total 
quantity, customer quantity, price, and side (i.e., bid/ask). This 
information is provided for each of the five indicated price levels on 
the Depth Feed. The feed also provides participants of imbalances on 
opening/reopening.
    In codifying the feed description, the Exchange proposes a few 
amendments to the description in the Prior Filing in addition to the 
universal changes mentioned above. For the Depth of Market Feed, the 
Exchange is removing the words ``Real-time'' and ``Raw'' because all 
the feeds are real-time and contain raw data. Removing these words 
conforms the language of all the feeds. The Exchange proposes to 
replace ``Exchange'' with ``GEMX'' for clarity. Also, the Exchange is 
expanding the description of total quantity to ``total aggregate 
quantity'' including Public Customer \5\ aggregate quantity and 
Priority Customer aggregate quantity. The Exchange is amending a 
description of the imbalances on opening/reopening to note the 
imbalances are order and not participant imbalances. Finally a 
typographical error is being amended in the last sentence of this data 
feed to remove an extraneous ``of'' in the sentence.
---------------------------------------------------------------------------

    \5\ The term ``Public Customer'' means a person or entity that 
is not a broker or dealer in securities. See Rule 100(a)(42).
---------------------------------------------------------------------------

Order Feed
    In a Prior Filing the Exchange described the Order Feed as 
providing information on new orders resting on the book. In addition, 
the feed also announces auctions. The data provided for each instrument 
includes the symbols (series and underlying

[[Page 17458]]

security), put or call indicator, expiration date, the strike price of 
the series, and trading status. The feed also provides participants of 
imbalances on opening/reopening.
    In codifying the feed description, the Exchange proposes a few 
amendments to the description in the Prior Filing in addition to the 
universal changes mentioned above. The Exchange is amending the order 
feed to include the word ``all'' before auctions to make clear all 
auction information is included. The Exchange is adding examples of the 
information provided on new orders resting on the book, e.g. price, 
quantity and market participant capacity. The words ``market 
participant'' are intended to make clear which capacity is referred to 
for the information. The Exchange is amending a description of the 
imbalances on opening/reopening to note the imbalances are order and 
not participant imbalances. Also, a typographical error is being 
amended in the last sentence of this data feed to remove an extraneous 
``of'' in the sentence.
Top Quote Feed
    In a Prior Filing the Exchange described the Top Quote Feed as one 
that calculates and disseminates its best bid and offer position, with 
aggregated size (Total & Customer), based on displayable order and 
quote interest in the options market system. The feed also provides 
last trade information along with opening price, cumulative volume, 
high and low prices for the day. The data provided for each instrument 
includes the symbols (series and underlying security), put or call 
indicator, expiration date, the strike price of the series, and trading 
status.
    In codifying the feed description, the Exchange proposes a few 
amendments to the description in the Prior Filing in addition to the 
universal changes mentioned above. The Exchange proposes to amend the 
Top Quote Feed to make clear that aggregated size included total size, 
Public Customer size in the aggregate and also Priority Customer size 
in the aggregate. The Exchange is replacing the term ``options market 
system'' with the defined term ``System.'' \6\ The Exchange also 
proposes to add a sentence, similar to the Depth of Market Feed and 
Order Feed which provides ``The feed also provides order imbalances on 
opening/reopening.'' This sentence should have been included with this 
feed as well. The universal changes described above apply as well.
---------------------------------------------------------------------------

    \6\ See Rule 100(a)(53).
---------------------------------------------------------------------------

Trades Feed
    In a Prior Filing the Exchange described the Trades Feed as 
displaying last trade information along with opening price, cumulative 
volume, high and low prices for the day. The data provided for each 
instrument includes the symbols (series and underlying security), put 
or call indicator, expiration date, the strike price of the series, and 
trading status.
    The Exchange is only amending the description of the Trades Feed as 
described in the universal changes.
    The Exchange notes that market participants are charged for 
subscriptions to these products.\7\ The Exchange believes that 
codifying these data feeds within the Exchange's Rulebook will bring 
greater transparency to its Rules as well as the data which is 
available on the Exchange. The amendments are also intended to provide 
greater clarity and transparency concerning the data offerings.
---------------------------------------------------------------------------

    \7\ See Schedule of Fees, Section V, Market Data.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Securities Exchange Act of 1934 (the 
``Act''),\8\ in general, and furthers the objectives of Section 6(b)(5) 
of the Act,\9\ in particular, in that it is designed to promote just 
and equitable principles of trade, to remove impediments to and perfect 
the mechanism for a free and open market and a national market system, 
and, in general, to protect investors and the public interest. By 
codifying the various data feed offerings, which have already been 
filed for in another rule change,\10\ will bring greater transparency 
to the Exchange's Rules. Also, the content of each data feed is 
described within the Rule for ease of reference. The Exchange believes 
that the proposed rule change is consistent with the protection of 
investors and the public interest as it provides information relating 
to the data available on the Exchange for the benefit of its Members 
within its Rules and adds greater transparency to these offerings. 
Finally, the amendments seeks to add greater clarity to the data 
offerings and conform the text of the offerings.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
    \10\ See note 3 above.
---------------------------------------------------------------------------

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

    In accordance with Section 6(b)(8) of the Act,\11\ the Exchange 
does not believe that the proposed rule change will impose any burden 
on intermarket or intra-market competition that is not necessary or 
appropriate in furtherance of the purposes of the Act. The data feed 
offerings are available to any market participant. The Exchange's 
proposal seeks to codify the data offerings in a rule for ease of 
reference and transparency within the Rulebook. The amendments seeks to 
add greater clarity to the data offerings and conform the text of the 
offerings.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    No written comments were either solicited or received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    Because the foregoing proposed rule change does not: (i) 
Significantly affect the protection of investors or the public 
interest; (ii) impose any significant burden on competition; and (iii) 
become operative for 30 days from the date on which it was filed, or 
such shorter time as the Commission may designate, it has become 
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \12\ and 
subparagraph (f)(6) of Rule 19b-4 thereunder.\13\
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \13\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) 
requires the Exchange to give the Commission written notice of the 
Exchange's intent to file the proposed rule change, along with a 
brief description and text of the proposed rule change, at least 
five business days prior to the date of filing of the proposed rule 
change, or such shorter time as designated by the Commission. The 
Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \14\ normally 
does not become operative prior to 30 days after the date of the 
filing. However, Rule 19b-4(f)(6)(iii) \15\ permits the Commission to 
designate a shorter time if such action is consistent with the 
protection of investors and the public interest. The Exchange has asked 
the Commission to waive the 30-day operative delay so that the proposal 
may become operative immediately upon filing. The Exchange states that 
waiving the operative delay will allow it to immediately reflect the 
Exchange's data feed offerings within its Rules and bring greater 
transparency to these data feed offerings. The Commission believes that 
waiver of the 30-day operative delay is consistent with the protection 
of investors and the public interest. Therefore, the Commission hereby 
waives the operative delay and

[[Page 17459]]

designates the proposed rule change as operative upon filing.\16\
---------------------------------------------------------------------------

    \14\ 17 CFR 240.19b-4(f)(6).
    \15\ 17 CFR 240.19b-4(f)(6)(iii).
    \16\ For purposes only of waiving the 30-day operative delay, 
the Commission has also considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is: (i) 
Necessary or appropriate in the public interest; (ii) for the 
protection of investors; or (iii) otherwise in furtherance of the 
purposes of the Act. If the Commission takes such action, the 
Commission shall institute proceedings to determine whether the 
proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to rule-comments@sec.gov. Please include 
File Number SR-GEMX-2018-12 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-2018-12. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's internet website (http://www.sec.gov/rules/sro.shtml). 
Copies of the submission, all subsequent amendments, all written 
statements with respect to the proposed rule change that are filed with 
the Commission, and all written communications relating to the proposed 
rule change between the Commission and any person, other than those 
that may be withheld from the public in accordance with the provisions 
of 5 U.S.C. 552, will be available for website viewing and printing in 
the Commission's Public Reference Room, 100 F Street NE, Washington, DC 
20549, on official business days between the hours of 10:00 a.m. and 
3:00 p.m. Copies of the filing also will be available for inspection 
and copying at the principal office of the Exchange. All comments 
received will be posted without change. Persons submitting comments are 
cautioned that we do not redact or edit personal identifying 
information from comment submissions. You should submit only 
information that you wish to make available publicly. All submissions 
should refer to File Number SR-GEMX-2018-12 and should be submitted on 
or before May 10, 2018.
---------------------------------------------------------------------------

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

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\17\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-08157 Filed 4-18-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                                              Federal Register / Vol. 83, No. 76 / Thursday, April 19, 2018 / Notices                                                      17457

                                               personal identifying information from                    any comments it received on the                       namely, ‘‘daily trading,’’ to refer to the
                                               comment submissions. You should                          proposed rule change. The text of these               volume. These aforementioned
                                               submit only information that you wish                    statements may be examined at the                     amendments are made, where
                                               to make available publicly. All                          places specified in Item IV below. The                applicable, within the data feeds
                                               submissions should refer to File                         Exchange has prepared summaries, set                  described below in more detail. Finally,
                                               Number SR–BX–2018–011, and should                        forth in sections A, B, and C below, of               the Exchange is adding language in Rule
                                               be submitted on or before May 10, 2018.                  the most significant aspects of such                  718(a) to make clear that the data feeds
                                                 For the Commission, by the Division of                 statements.                                           pertain to GEMX trading information.
                                               Trading and Markets, pursuant to delegated               A. Self-Regulatory Organization’s                     Depth of Market Feed
                                               authority.17
                                                                                                        Statement of the Purpose of, and                         In a Prior Filing the Exchange
                                               Eduardo A. Aleman,                                       Statutory Basis for, the Proposed Rule
                                               Assistant Secretary.                                                                                           described the Depth Feed as providing
                                                                                                        Change                                                aggregate quotes and orders at the top
                                               [FR Doc. 2018–08152 Filed 4–18–18; 8:45 am]
                                                                                                        1. Purpose                                            five price levels on the Exchange, and
                                               BILLING CODE 8011–01–P
                                                                                                                                                              provides subscribers with a
                                                                                                           The purpose of the proposed rule
                                                                                                                                                              consolidated view of tradable prices
                                                                                                        change is to codify within Rule 718,
                                               SECURITIES AND EXCHANGE                                                                                        beyond the BBO, showing additional
                                                                                                        which rule is currently reserved, the
                                               COMMISSION                                                                                                     liquidity and enhancing transparency
                                                                                                        data feeds that are currently offered on
                                                                                                                                                              for GEMX traded options. The data
                                               [Release No. 34–83050; File No. SR–GEMX–                 GEMX and previously filed in prior rule
                                                                                                                                                              provided for each instrument includes
                                               2018–12]                                                 changes as described in more detail
                                                                                                                                                              the symbols (series and underlying
                                                                                                        below. The Exchange proposes to
                                                                                                                                                              security), put or call indicator,
                                               Self-Regulatory Organizations; Nasdaq                    rename Rule 718 ‘‘Data Feeds’’ and list
                                                                                                                                                              expiration date, the strike price of the
                                               GEMX, LLC; Notice of Filing and                          the various data feed offerings within
                                                                                                                                                              series, and trading status. In addition,
                                               Immediate Effectiveness of Proposed                      that rule.
                                                                                                           The Exchange has previously filed a                subscribers are provided with total
                                               Rule Change To Codify Within Rule
                                                                                                        rule change which describes the various               quantity, customer quantity, price, and
                                               718 the Data Feeds on GEMX
                                                                                                        data offerings.3 The data offerings                   side (i.e., bid/ask). This information is
                                               April 13, 2018.                                                                                                provided for each of the five indicated
                                                                                                        contained in that rule change included:
                                                  Pursuant to Section 19(b)(1) of the                                                                         price levels on the Depth Feed. The feed
                                                                                                        the Nasdaq GEMX Real-time Depth of
                                               Securities Exchange Act of 1934                                                                                also provides participants of imbalances
                                                                                                        Market Raw Data Feed (‘‘Depth of
                                               (‘‘Act’’),1 and Rule 19b–4 thereunder,2                                                                        on opening/reopening.
                                                                                                        Market Feed’’), the Nasdaq GEMX Order
                                               notice is hereby given that on April 4,                                                                           In codifying the feed description, the
                                                                                                        Feed (‘‘Order Feed’’), the Nasdaq GEMX
                                               2018, Nasdaq GEMX, LLC (‘‘GEMX’’ or                                                                            Exchange proposes a few amendments
                                                                                                        Top Quote Feed (‘‘Top Quote Feed’’),
                                               ‘‘Exchange’’) filed with the Securities                                                                        to the description in the Prior Filing in
                                                                                                        and the Nasdaq GEMX Trades Feed
                                               and Exchange Commission                                                                                        addition to the universal changes
                                                                                                        (‘‘Trades Feed’’). Each of the data
                                               (‘‘Commission’’) the proposed rule                                                                             mentioned above. For the Depth of
                                                                                                        offerings are described in more detail
                                               change as described in Items I and II                                                                          Market Feed, the Exchange is removing
                                                                                                        below.
                                               below, which Items have been prepared                                                                          the words ‘‘Real-time’’ and ‘‘Raw’’
                                               by the Exchange. The Commission is                       Universal Changes                                     because all the feeds are real-time and
                                               publishing this notice to solicit                           The Exchange notes it proposes                     contain raw data. Removing these words
                                               comments on the proposed rule change                     various universal amendments to its                   conforms the language of all the feeds.
                                               from interested persons.                                 data feeds for consistency and clarity.               The Exchange proposes to replace
                                                                                                        References to ‘‘instrument’’ will be                  ‘‘Exchange’’ with ‘‘GEMX’’ for clarity.
                                               I. Self-Regulatory Organization’s                                                                              Also, the Exchange is expanding the
                                               Statement of the Terms of Substance of                   replaced by the more specific language
                                                                                                        ‘‘options series.’’ Where the Exchange                description of total quantity to ‘‘total
                                               the Proposed Rule Change                                                                                       aggregate quantity’’ including Public
                                                                                                        previously referred to ‘‘trading status’’
                                                  The Exchange proposes to codify                       those words will be replaced with                     Customer 5 aggregate quantity and
                                               within Rule 718, which rule is currently                 language which specifically explains the              Priority Customer aggregate quantity.
                                               reserved, the data feeds that are                        information for status, which is,                     The Exchange is amending a description
                                               currently offered on GEMX.                               ‘‘whether the option series is available              of the imbalances on opening/reopening
                                                  The text of the proposed rule change                                                                        to note the imbalances are order and not
                                                                                                        for trading on GEMX and identifies if
                                               is available on the Exchange’s website at                                                                      participant imbalances. Finally a
                                                                                                        the series is available for closing
                                               http://nasdaqgemx.cchwallstreet.com/,                                                                          typographical error is being amended in
                                                                                                        transactions only.’’ The word
                                               at the principal office of the Exchange,                                                                       the last sentence of this data feed to
                                                                                                        ‘‘customer’’ will be replaced with the
                                               and at the Commission’s Public                                                                                 remove an extraneous ‘‘of’’ in the
                                                                                                        defined term ‘‘Priority Customer.’’ 4
                                               Reference Room.                                                                                                sentence.
                                                                                                        References to the word ‘‘cumulative,’’
                                               II. Self-Regulatory Organization’s                       when referring to volume, will be                     Order Feed
                                               Statement of the Purpose of, and                         replaced with more specific language
                                                                                                                                                                In a Prior Filing the Exchange
                                               Statutory Basis for, the Proposed Rule
                                                                                                                                                              described the Order Feed as providing
                                               Change                                                     3 See Securities Exchange Act Release No. 80649

                                                                                                        (May 10, 2017), 82 FR 22595 (May 16, 2017) (SR–       information on new orders resting on
                                                  In its filing with the Commission, the                                                                      the book. In addition, the feed also
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                        GEMX–2017–07) (Notice of Filing and Immediate
                                               Exchange included statements                             Effectiveness of Proposed Rule Change To Establish    announces auctions. The data provided
                                               concerning the purpose of and basis for                  INET Ports) (‘‘Prior Filing’’).
                                                                                                          4 The term ‘‘Priority Customer’’ means a person
                                                                                                                                                              for each instrument includes the
                                               the proposed rule change and discussed                                                                         symbols (series and underlying
                                                                                                        or entity that (i) is not a broker or dealer in
                                                                                                        securities, and (ii) does not place more than 390
                                                 17 17 CFR 200.30–3(a)(12).                             orders in listed options per day on average during      5 The term ‘‘Public Customer’’ means a person or
                                                 1 15 U.S.C. 78s(b)(1).                                 a calendar month for its own beneficial account(s).   entity that is not a broker or dealer in securities. See
                                                 2 17 CFR 240.19b–4.                                    See GEMX Rule 100(a)(41A).                            Rule 100(a)(42).



                                          VerDate Sep<11>2014    17:49 Apr 18, 2018   Jkt 244001   PO 00000   Frm 00099   Fmt 4703   Sfmt 4703   E:\FR\FM\19APN1.SGM   19APN1


                                               17458                           Federal Register / Vol. 83, No. 76 / Thursday, April 19, 2018 / Notices

                                               security), put or call indicator,                         Trades Feed                                           impose any burden on intermarket or
                                               expiration date, the strike price of the                     In a Prior Filing the Exchange                     intra-market competition that is not
                                               series, and trading status. The feed also                 described the Trades Feed as displaying               necessary or appropriate in furtherance
                                               provides participants of imbalances on                    last trade information along with                     of the purposes of the Act. The data feed
                                               opening/reopening.                                        opening price, cumulative volume, high                offerings are available to any market
                                                  In codifying the feed description, the                 and low prices for the day. The data                  participant. The Exchange’s proposal
                                               Exchange proposes a few amendments                        provided for each instrument includes                 seeks to codify the data offerings in a
                                               to the description in the Prior Filing in                 the symbols (series and underlying                    rule for ease of reference and
                                               addition to the universal changes                         security), put or call indicator,                     transparency within the Rulebook. The
                                               mentioned above. The Exchange is                          expiration date, the strike price of the              amendments seeks to add greater clarity
                                               amending the order feed to include the                    series, and trading status.                           to the data offerings and conform the
                                               word ‘‘all’’ before auctions to make clear                   The Exchange is only amending the                  text of the offerings.
                                               all auction information is included. The                  description of the Trades Feed as                     C. Self-Regulatory Organization’s
                                               Exchange is adding examples of the                        described in the universal changes.                   Statement on Comments on the
                                               information provided on new orders                           The Exchange notes that market                     Proposed Rule Change Received From
                                               resting on the book, e.g. price, quantity                 participants are charged for                          Members, Participants, or Others
                                               and market participant capacity. The                      subscriptions to these products.7 The
                                               words ‘‘market participant’’ are                          Exchange believes that codifying these                  No written comments were either
                                               intended to make clear which capacity                     data feeds within the Exchange’s                      solicited or received.
                                               is referred to for the information. The                   Rulebook will bring greater                           III. Date of Effectiveness of the
                                               Exchange is amending a description of                     transparency to its Rules as well as the              Proposed Rule Change and Timing for
                                               the imbalances on opening/reopening to                    data which is available on the Exchange.              Commission Action
                                               note the imbalances are order and not                     The amendments are also intended to                      Because the foregoing proposed rule
                                               participant imbalances. Also, a                           provide greater clarity and transparency              change does not: (i) Significantly affect
                                               typographical error is being amended in                   concerning the data offerings.                        the protection of investors or the public
                                               the last sentence of this data feed to                                                                          interest; (ii) impose any significant
                                                                                                         2. Statutory Basis
                                               remove an extraneous ‘‘of’’ in the                                                                              burden on competition; and (iii) become
                                               sentence.                                                    The Exchange believes that the
                                                                                                                                                               operative for 30 days from the date on
                                                                                                         proposed rule change is consistent with
                                               Top Quote Feed                                                                                                  which it was filed, or such shorter time
                                                                                                         Section 6(b) of the Securities Exchange
                                                                                                                                                               as the Commission may designate, it has
                                                  In a Prior Filing the Exchange                         Act of 1934 (the ‘‘Act’’),8 in general, and
                                                                                                                                                               become effective pursuant to Section
                                               described the Top Quote Feed as one                       furthers the objectives of Section 6(b)(5)
                                                                                                                                                               19(b)(3)(A)(iii) of the Act 12 and
                                               that calculates and disseminates its best                 of the Act,9 in particular, in that it is
                                                                                                                                                               subparagraph (f)(6) of Rule 19b–4
                                               bid and offer position, with aggregated                   designed to promote just and equitable
                                                                                                                                                               thereunder.13
                                               size (Total & Customer), based on                         principles of trade, to remove                           A proposed rule change filed under
                                               displayable order and quote interest in                   impediments to and perfect the                        Rule 19b–4(f)(6) 14 normally does not
                                               the options market system. The feed                       mechanism for a free and open market                  become operative prior to 30 days after
                                               also provides last trade information                      and a national market system, and, in                 the date of the filing. However, Rule
                                               along with opening price, cumulative                      general, to protect investors and the                 19b–4(f)(6)(iii) 15 permits the
                                               volume, high and low prices for the day.                  public interest. By codifying the various             Commission to designate a shorter time
                                               The data provided for each instrument                     data feed offerings, which have already               if such action is consistent with the
                                               includes the symbols (series and                          been filed for in another rule change,10              protection of investors and the public
                                               underlying security), put or call                         will bring greater transparency to the                interest. The Exchange has asked the
                                               indicator, expiration date, the strike                    Exchange’s Rules. Also, the content of                Commission to waive the 30-day
                                               price of the series, and trading status.                  each data feed is described within the                operative delay so that the proposal may
                                                  In codifying the feed description, the                 Rule for ease of reference. The Exchange              become operative immediately upon
                                               Exchange proposes a few amendments                        believes that the proposed rule change                filing. The Exchange states that waiving
                                               to the description in the Prior Filing in                 is consistent with the protection of                  the operative delay will allow it to
                                               addition to the universal changes                         investors and the public interest as it               immediately reflect the Exchange’s data
                                               mentioned above. The Exchange                             provides information relating to the data             feed offerings within its Rules and bring
                                               proposes to amend the Top Quote Feed                      available on the Exchange for the benefit             greater transparency to these data feed
                                               to make clear that aggregated size                        of its Members within its Rules and                   offerings. The Commission believes that
                                               included total size, Public Customer                      adds greater transparency to these                    waiver of the 30-day operative delay is
                                               size in the aggregate and also Priority                   offerings. Finally, the amendments                    consistent with the protection of
                                               Customer size in the aggregate. The                       seeks to add greater clarity to the data              investors and the public interest.
                                               Exchange is replacing the term ‘‘options                  offerings and conform the text of the                 Therefore, the Commission hereby
                                               market system’’ with the defined term                     offerings.                                            waives the operative delay and
                                               ‘‘System.’’ 6 The Exchange also proposes                  B. Self-Regulatory Organization’s
                                               to add a sentence, similar to the Depth                   Statement on Burden on Competition                      12 15  U.S.C. 78s(b)(3)(A)(iii).
                                               of Market Feed and Order Feed which                                                                               13 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                                                                                           In accordance with Section 6(b)(8) of               4(f)(6)(iii) requires the Exchange to give the
                                               provides ‘‘The feed also provides order
                                                                                                         the Act,11 the Exchange does not believe
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                                                                               Commission written notice of the Exchange’s intent
                                               imbalances on opening/reopening.’’                                                                              to file the proposed rule change, along with a brief
                                               This sentence should have been                            that the proposed rule change will
                                                                                                                                                               description and text of the proposed rule change,
                                               included with this feed as well. The                        7 See
                                                                                                                                                               at least five business days prior to the date of filing
                                                                                                                 Schedule of Fees, Section V, Market Data.     of the proposed rule change, or such shorter time
                                               universal changes described above                           8 15 U.S.C. 78f(b).                                 as designated by the Commission. The Exchange
                                               apply as well.                                              9 15 U.S.C. 78f(b)(5).                              has satisfied this requirement.
                                                                                                           10 See note 3 above.                                   14 17 CFR 240.19b–4(f)(6).
                                                 6 See   Rule 100(a)(53).                                  11 15 U.S.C. 78f(b)(8).                                15 17 CFR 240.19b–4(f)(6)(iii).




                                          VerDate Sep<11>2014     17:49 Apr 18, 2018   Jkt 244001   PO 00000   Frm 00100   Fmt 4703   Sfmt 4703   E:\FR\FM\19APN1.SGM    19APN1


                                                                             Federal Register / Vol. 83, No. 76 / Thursday, April 19, 2018 / Notices                                           17459

                                               designates the proposed rule change as                  10:00 a.m. and 3:00 p.m. Copies of the                II. Self-Regulatory Organization’s
                                               operative upon filing.16                                filing also will be available for                     Statement of the Purpose of, and
                                                  At any time within 60 days of the                    inspection and copying at the principal               Statutory Basis for, the Proposed Rule
                                               filing of the proposed rule change, the                 office of the Exchange. All comments                  Change
                                               Commission summarily may                                received will be posted without change.                  In its filing with the Commission, the
                                               temporarily suspend such rule change if                 Persons submitting comments are                       Exchange included statements
                                               it appears to the Commission that such                  cautioned that we do not redact or edit               concerning the purpose of and basis for
                                               action is: (i) Necessary or appropriate in              personal identifying information from                 the proposed rule change and discussed
                                               the public interest; (ii) for the protection            comment submissions. You should                       any comments it received on the
                                               of investors; or (iii) otherwise in                     submit only information that you wish                 proposed rule change. The text of these
                                               furtherance of the purposes of the Act.                 to make available publicly. All                       statements may be examined at the
                                               If the Commission takes such action, the                submissions should refer to File                      places specified in Item IV below. The
                                               Commission shall institute proceedings                  Number SR–GEMX–2018–12 and                            Exchange has prepared summaries, set
                                               to determine whether the proposed rule                  should be submitted on or before May                  forth in sections A, B, and C below, of
                                               should be approved or disapproved.                      10, 2018.                                             the most significant aspects of such
                                               IV. Solicitation of Comments                              For the Commission, by the Division of              statements.
                                                 Interested persons are invited to                     Trading and Markets, pursuant to delegated
                                                                                                                                                             A. Self-Regulatory Organization’s
                                               submit written data, views, and                         authority.17
                                                                                                                                                             Statement of the Purpose of, and
                                               arguments concerning the foregoing,                     Eduardo A. Aleman,
                                                                                                                                                             Statutory Basis for, the Proposed Rule
                                               including whether the proposed rule                     Assistant Secretary.                                  Change
                                               change is consistent with the Act.                      [FR Doc. 2018–08157 Filed 4–18–18; 8:45 am]
                                               Comments may be submitted by any of                                                                           1. Purpose
                                                                                                       BILLING CODE 8011–01–P
                                               the following methods:                                                                                           The purpose of the proposed rule
                                               Electronic Comments                                                                                           change is to adopt data feeds for MRX.
                                                                                                       SECURITIES AND EXCHANGE                               The Exchange proposes to amend Rule
                                                 • Use the Commission’s internet                       COMMISSION                                            718, which is currently reserved, to
                                               comment form (http://www.sec.gov/                                                                             rename the rule ‘‘Data Feeds’’ and
                                               rules/sro.shtml); or                                                                                          include a description of each data feed
                                                 • Send an email to rule-comments@                     [Release No. 34–83049; File No. SR–MRX–
                                                                                                       2018–11]                                              within the rule. The data feed offerings
                                               sec.gov. Please include File Number SR–                                                                       are as follows: Nasdaq MRX Depth of
                                               GEMX–2018–12 on the subject line.                                                                             Market Data Feed (‘‘Depth of Market
                                                                                                       Self-Regulatory Organizations; Nasdaq
                                               Paper Comments                                          MRX, LLC; Notice of Filing and                        Feed’’), the Nasdaq MRX Order Feed
                                                 • Send paper comments in triplicate                   Immediate Effectiveness of Proposed                   (‘‘Order Feed’’), the Nasdaq MRX Top
                                               to Secretary, Securities and Exchange                   Rule Change To Adopt Data Feeds                       Quote Feed (‘‘Top Quote Feed’’) and the
                                               Commission, 100 F Street NE,                            Offered to MRX Members                                Nasdaq MRX Trades Feed (‘‘Trades
                                               Washington, DC 20549–1090.                                                                                    Feed’’). A description of each data
                                                                                                       April 13, 2018.                                       offering follows below.
                                               All submissions should refer to File
                                               Number SR–GEMX–2018–12. This file                          Pursuant to Section 19(b)(1) of the                Depth of Market Feed
                                               number should be included on the                        Securities Exchange Act of 1934
                                                                                                       (‘‘Act’’),1 and Rule 19b–4 thereunder,2                  The Depth of Market Data Feed
                                               subject line if email is used. To help the                                                                    provides aggregate quotes and orders at
                                               Commission process and review your                      notice is hereby given that on April 4,
                                                                                                       2018, Nasdaq MRX, LLC (‘‘MRX’’ or                     the top five price levels on MRX, and
                                               comments more efficiently, please use                                                                         provides subscribers with a
                                               only one method. The Commission will                    ‘‘Exchange’’) filed with the Securities
                                                                                                       and Exchange Commission                               consolidated view of tradable prices
                                               post all comments on the Commission’s                                                                         beyond the BBO, showing additional
                                               internet website (http://www.sec.gov/                   (‘‘Commission’’) the proposed rule
                                                                                                       change as described in Items I, II, and               liquidity and enhancing transparency
                                               rules/sro.shtml). Copies of the                                                                               for MRX traded options. The data
                                               submission, all subsequent                              III, below, which Items have been
                                                                                                       prepared by the Exchange. The                         provided for each option series includes
                                               amendments, all written statements                                                                            the symbols (series and underlying
                                               with respect to the proposed rule                       Commission is publishing this notice to
                                                                                                       solicit comments on the proposed rule                 security), put or call indicator,
                                               change that are filed with the                                                                                expiration date, the strike price of the
                                               Commission, and all written                             change from interested persons.
                                                                                                                                                             series, and whether the option series is
                                               communications relating to the                          I. Self-Regulatory Organization’s                     available for trading on ISE and
                                               proposed rule change between the                        Statement of the Terms of Substance of                identifies if the series is available for
                                               Commission and any person, other than                   the Proposed Rule Change                              closing transactions only. In addition,
                                               those that may be withheld from the                                                                           subscribers are provided with total
                                               public in accordance with the                              The Exchange proposes to adopt data                aggregate quantity, Public Customer
                                               provisions of 5 U.S.C. 552, will be                     feeds offered to MRX Members.                         aggregate quantity, Priority Customer
                                               available for website viewing and                          The text of the proposed rule change               aggregate quantity, price, and side (i.e.,
                                               printing in the Commission’s Public                     is available on the Exchange’s website at             bid/ask). This information is provided
                                               Reference Room, 100 F Street NE,                        http://nasdaqmrx.cchwallstreet.com/, at               for each of the top five price levels on
daltland on DSKBBV9HB2PROD with NOTICES




                                               Washington, DC 20549, on official                       the principal office of the Exchange, and             the Depth Feed. The feed also provides
                                               business days between the hours of                      at the Commission’s Public Reference                  order imbalances on opening/reopening.
                                                                                                       Room.
                                                  16 For purposes only of waiving the 30-day                                                                 Order Feed
                                               operative delay, the Commission has also
                                               considered the proposed rule’s impact on
                                                                                                         17 17 CFR 200.30–3(a)(12).                            The Order feed provides information
                                               efficiency, competition, and capital formation. See       1 15 U.S.C. 78s(b)(1).                              on new orders resting on the book (e.g.
                                               15 U.S.C. 78c(f).                                         2 17 CFR 240.19b–4.                                 price, quantity and market participant


                                          VerDate Sep<11>2014   17:49 Apr 18, 2018   Jkt 244001   PO 00000   Frm 00101   Fmt 4703   Sfmt 4703   E:\FR\FM\19APN1.SGM   19APN1



Document Created: 2018-04-19 00:41:31
Document Modified: 2018-04-19 00:41:31
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 17457 

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR