83_FR_22646 83 FR 22552 - Self-Regulatory Organizations; Nasdaq BX, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Memorialize Its Order and Execution Information Into Chapter VI, Section 19, Entitled Data Feeds

83 FR 22552 - Self-Regulatory Organizations; Nasdaq BX, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Memorialize Its Order and Execution Information Into Chapter VI, Section 19, Entitled Data Feeds

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 94 (May 15, 2018)

Page Range22552-22554
FR Document2018-10259

Federal Register, Volume 83 Issue 94 (Tuesday, May 15, 2018)
[Federal Register Volume 83, Number 94 (Tuesday, May 15, 2018)]
[Notices]
[Pages 22552-22554]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-10259]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83199; File No. SR-BX-2018-016]


Self-Regulatory Organizations; Nasdaq BX, Inc.; Notice of Filing 
and Immediate Effectiveness of a Proposed Rule Change To Memorialize 
Its Order and Execution Information Into Chapter VI, Section 19, 
Entitled Data Feeds

May 9, 2018.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given 
that on April 27, 2018, Nasdaq BX, Inc. (``BX'' or ``Exchange'') filed 
with the Securities and Exchange Commission (``Commission'') the 
proposed rule change as described in Items I and II below, which Items 
have been prepared by the Exchange. The Commission is publishing this 
notice to solicit comments on the proposed rule change from interested 
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to a proposal to memorialize its order and 
execution information into Chapter VI, Section 19, entitled ``Data 
Feeds.''
    The text of the proposed rule change is available on the Exchange's 
website at http://nasdaqbx.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 the 
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 the 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to memorialize its order and execution 
information into Chapter VI, Section 19, entitled ``Data Feeds.'' The 
Exchange proposes to rename this rule ``Data Feeds and Trade 
Information.'' The Exchange proposes other grammatical corrections in 
Section 19(a) as well.
Section 19(b)
    First, the Exchange proposes to adopt a new Section 19(b) and 
memorialize the following order and execution information which were 
previously filed by the Exchange: (1) CTI; \3\ (2) TradeInfo \4\; and 
(3) FIX DROP.\5\
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    \3\ See Securities Exchange Act Release No. 73894 (December 19, 
2014), 79 FR 78119 (December 29, 1014) (SR-BX-2014-060) (``CTI and 
FIX DROP Filing'').
    \4\ See Securities Exchange Act Release No. 60826 (October 14, 
2009), 74 FR 54605 (October 22, 2009) (SR-BX-2009-062) (``TradeInfo 
Filing'').
    \5\ See note 3 above.
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    The Exchange originally noted in the CTI and FIX DROP Filing that 
CTI offers real-time clearing trade updates.\6\ The message containing 
the trade details is also simultaneously sent to The Options Clearing 
Corporation. The trade messages are routed to a member's connection 
containing certain information. The administrative and market event 
messages include, but are not limited to: System event messages to 
communicate operational-related events; options directory messages to 
relay basic option symbol and contract information for options traded 
on the Exchange; complex strategy messages to relay information for 
those strategies traded on the Exchange; trading action messages to 
inform market participants when a specific option or strategy is halted 
or released for trading on the Exchange; and an indicator which 
distinguishes electronic and non-electronically delivered orders.
---------------------------------------------------------------------------

    \6\ A real-time clearing trade update is a message that is sent 
to a member after an execution has occurred and contains trade 
details. See Securities Exchange Act Release No. 73894 (December 19, 
2014), 79 FR 78119 (December 29, 1014) (SR-BX-2014-060).

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[[Page 22553]]

    The Exchange is proposing to more specifically describe the CTI 
offering and memorialize it within Section 19(b)(1). The description 
provides more detail as to the current functionality of CTI, which is 
not changing. The description would continue to state that CTI is a 
real-time clearing trade update message that is sent to a Participant 
after an execution has occurred and contains trade details specific to 
that Participant. The information includes, among other things, the 
following: (i) The Clearing Member Trade Agreement or ``CMTA'' or The 
Options Clearing Corporation or ``OCC'' number; (ii) Exchange badge or 
house number; (iii) the Exchange internal firm identifier; (iv) an 
indicator which will distinguish electronic and non-electronically 
delivered orders; (v) liquidity indicators and transaction type for 
billing purposes; and (vi) capacity. The Exchange proposes to not add 
the sentence which states, ``The message containing the trade details 
is also simultaneously sent to The Options Clearing Corporation.'' The 
Exchange's System sends clearing information to OCC for each 
transaction. This sentence does not add information that is useful or 
relevant and therefore the Exchange proposes to remove it. The Exchange 
notes that while the description is being amended, it retains more 
broadly the former descriptions. The information provided is specific 
to a market participant. The Exchange is expressing more specifically 
the type of data contained in CTI. The CTI offering is not changing. 
The Exchange is providing more details regarding the CTI offering than 
was originally filed in the CTI and FIX DROP Filing.
    The Exchange originally noted in the TradeInfo Filing that 
TradeInfo allows subscribing members to scan for their orders submitted 
to BX. Members can scan for all orders in a particular security or all 
orders of a particular type, regardless of their status (open, 
canceled, executed, etc.). Members are also able to cancel open orders 
at the order, port or MPID level (an MPID is a firm mnemonic). For 
example, after scanning for open orders, the member is then able to 
select an open order and cancel the order. TradeInfo BX also allows 
members to scan other order statuses, such as executed, cancelled, 
broken, rejected and suspended orders. TradeInfo BX enables members to 
generate reports of execution, order or cancel information, which can 
be exported into a spreadsheet for review.
    The Exchange proposes to amend and memorialize TradeInfo within 
Section 19(b)(2). The Exchange proposes to note that TradeInfo is a 
user interface, as compared to a data stream, to add more detail to the 
description. While some descriptive language is being removed from the 
rules, such as permitting a subscribing member to scan other order 
statuses, such as executed, cancelled, broken, rejected and suspended 
orders, the Exchange believes that this language is covered in the 
current description in that the text indicates that all orders may be 
searched regardless of their status. Similarly, the description which 
provides that a subscribing member may generate reports of execution, 
order or cancel information, which can be exported into a spreadsheet 
for review is covered in that the Exchange notes that a view of the 
orders and execution may be downloaded.
    The Exchange originally noted in its FIX DROP filing that the Order 
Entry DROP provides real time information regarding orders sent to BX 
and executions that occurred on BX. The DROP interface is not a trading 
interface and does not accept order messages. The ``Order Entry DROP'' 
interface is being renamed ``FIX DROP'' for clarity as it relates to 
FIX ports.
    The Exchange is now expanding on the original description by 
providing more detail by stating that it is a real-time order and 
execution update message that is sent to a Participant after an order 
has been received/modified or an execution has occurred and contains 
trade details specific to that Participant. The information includes, 
among other things, the following: (1) Executions; (2) cancellations; 
(3) modifications to an existing order (4) busts or post-trade 
corrections. The Exchange believes that the additional specificity will 
provide more information to Participants.
    The Exchange considers it appropriate to memorialize the order and 
execution information available on BX within a rule so that 
Participants may understand the trade information which is available on 
the Exchange as it pertains to a firm's trading information. This data 
is available to all Participants regarding that Participant's 
transactions. Pricing for these products is included in the Exchange's 
fee schedule at Chapter XV, Section 3.\7\
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    \7\ See also SR-BX-2018-017 (not yet published) which proposes 
conforming changes to the fee schedule.
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Section 19(a)
    The Exchange proposes minor changes to Section 19(a)(1) and (2) to 
change the language to indicate the BX Depth of Market and BX Top of 
Market each separately are data feeds and removing the ``A'' before the 
description.
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 
providing greater transparency as to the order and execution 
information offered on BX. The Exchange notes that it described this 
information in prior rule changes.\10\ The Exchange believes that 
memorializing this information within a rule and updating the 
information will provide market participants with a list of information 
available specific to their trading on BX. The Exchange believes that 
this proposal is consistent with the Act because it provides 
information on the content available to market participants regarding 
the trades they execute on BX.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
    \10\ See notes 3 and 4 above.
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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 Exchange's 
proposal does not impose an undue burden on competition, rather the 
Exchange is seeking to provide greater transparency within its rules 
with respect to the various order and execution information offered on 
BX.
---------------------------------------------------------------------------

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

[[Page 22554]]

consistent with the protection of investors and the public interest, 
the proposed rule change has become effective pursuant to Section 
19(b)(3)(A) of the Act \12\ and Rule 19b-4(f)(6) thereunder.\13\
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    \12\ 15 U.S.C. 78s(b)(3)(A).
    \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 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.
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    A proposed rule change filed under Rule 19b-4(f)(6) \9\ normally 
does not become operative for 30 days after the date of filing. 
However, pursuant to Rule 19b-4(f)(6)(iii),\10\ the Commission may 
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 
such waiver will allow it to update its rules immediately to provide 
more information regarding the order and execution information it 
offers and further the protection of investors and the public interest 
because it will provide greater transparency as to the trade detail 
available to members. For this reason, the Commission believes that 
waiving the 30-day operative delay is consistent with the protection of 
investors and the public interest and, therefore, the Commission 
designates the proposed rule change to be operative upon filing.\14\
---------------------------------------------------------------------------

    \9\ 17 CFR 240.19b-4(f)(6).
    \10\ 17 CFR 240.19b-4(f)(6)(iii).
    \14\ 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 necessary or 
appropriate in the public interest, for the protection of investors, or 
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-BX-2018-016 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-BX-2018-016. 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-BX-2018-016 and should be submitted on 
or before June 5, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-10259 Filed 5-14-18; 8:45 am]
BILLING CODE 8011-01-P



                                               22552                          Federal Register / Vol. 83, No. 94 / Tuesday, May 15, 2018 / Notices

                                               options becoming available to all market                IV. Conclusion                                        the proposed rule change and discussed
                                               participants.                                             It is therefore ordered, pursuant to                any comments it received on the
                                                  Furthermore, the Commission expects                  Section 19(b)(2) of the Act,31 that the               proposed rule change. The text of these
                                               the Cboe Options to report any undue                    proposed rule change (SR–CBOE–2018–                   statements may be examined at the
                                               effects that may occur as a result of                   008) be, and hereby is, approved.                     places specified in Item IV below. The
                                               these fungibility rule changes, including                                                                     Exchange has prepared summaries, set
                                                                                                         For the Commission, by the Division of
                                               taking prompt action should any                                                                               forth in sections A, B, and C below, of
                                                                                                       Trading and Markets, pursuant to delegated
                                               unanticipated consequences occur. The                   authority.32                                          the most significant aspects of such
                                               Commission also expects, prior to the                   Eduardo A. Aleman,
                                                                                                                                                             statements.
                                               effective date of the new rule, the                     Assistant Secretary.                                  A. Self-Regulatory Organization’s
                                               Exchange to address whether additional                  [FR Doc. 2018–10272 Filed 5–14–18; 8:45 am]           Statement of the Purpose of, and the
                                               position limit aggregation rules should                 BILLING CODE 8011–01–P                                Statutory Basis for, the Proposed Rule
                                               be adopted prior to the rule’s delayed                                                                        Change
                                               implementation date. We note that
                                               currently the FLEX rules require that                                                                         1. Purpose
                                                                                                       SECURITIES AND EXCHANGE
                                               certain FLEX Options positions be                       COMMISSION                                              The Exchange proposes to
                                               aggregated with the position limits in                                                                        memorialize its order and execution
                                                                                                       [Release No. 34–83199; File No. SR–BX–
                                               the standardized market.30                                                                                    information into Chapter VI, Section 19,
                                                                                                       2018–016]
                                                  The Commission believes that the                                                                           entitled ‘‘Data Feeds.’’ The Exchange
                                               remaining proposed changes will help                    Self-Regulatory Organizations; Nasdaq                 proposes to rename this rule ‘‘Data
                                               protect investors and the public interest               BX, Inc.; Notice of Filing and                        Feeds and Trade Information.’’ The
                                               by providing clarity and transparency to                Immediate Effectiveness of a Proposed                 Exchange proposes other grammatical
                                               the rules. The proposed rule text                       Rule Change To Memorialize Its Order                  corrections in Section 19(a) as well.
                                               regarding Exchange holidays will clarify                and Execution Information Into                        Section 19(b)
                                               the fungibility of FLEX Options with                    Chapter VI, Section 19, Entitled Data
                                               expiration dates on Exchange holidays                   Feeds                                                    First, the Exchange proposes to adopt
                                               and are consistent with the expiration of                                                                     a new Section 19(b) and memorialize
                                                                                                       May 9, 2018.                                          the following order and execution
                                               the same standardized options on
                                                                                                          Pursuant to Section 19(b)(1) of the                information which were previously filed
                                               Exchange holidays. Amending the intra-                  Securities Exchange Act of 1934 (the
                                               day add provision to state that it applies                                                                    by the Exchange: (1) CTI; 3 (2)
                                                                                                       ‘‘Act’’),1 and Rule 19b–4 thereunder,2                TradeInfo 4; and (3) FIX DROP.5
                                               solely to American-style expirations                    notice is hereby given that on April 27,
                                               will codify in the rule text the                                                                                 The Exchange originally noted in the
                                                                                                       2018, Nasdaq BX, Inc. (‘‘BX’’ or                      CTI and FIX DROP Filing that CTI offers
                                               Exchange’s original intent with respect                 ‘‘Exchange’’) filed with the Securities
                                               to this provision. Further, the other non-                                                                    real-time clearing trade updates.6 The
                                                                                                       and Exchange Commission                               message containing the trade details is
                                               substantive, clarifying changes will                    (‘‘Commission’’) the proposed rule
                                               make the rule easier to read and                                                                              also simultaneously sent to The Options
                                                                                                       change as described in Items I and II                 Clearing Corporation. The trade
                                               understand.                                             below, which Items have been prepared                 messages are routed to a member’s
                                                  Finally, as noted above the Exchange                 by the Exchange. The Commission is                    connection containing certain
                                               cannot actually implement this rule                     publishing this notice to solicit                     information. The administrative and
                                               change immediately because OCC                          comments on the proposed rule change                  market event messages include, but are
                                               bylaws currently restrict fungibility of                from interested persons.                              not limited to: System event messages to
                                               quarterly and short term options. The                                                                         communicate operational-related
                                                                                                       I. Self-Regulatory Organization’s
                                               Commission believes that the delayed                                                                          events; options directory messages to
                                                                                                       Statement of the Terms of Substance of
                                               implementation date of July 31, 2018                                                                          relay basic option symbol and contract
                                                                                                       the Proposed Rule Change
                                               should provide OCC with time to                                                                               information for options traded on the
                                               consider fungibility in quarterly and                      The Exchange proposes to a proposal
                                                                                                       to memorialize its order and execution                Exchange; complex strategy messages to
                                               short-term options and determine                                                                              relay information for those strategies
                                               whether to amend the OCC By-laws to                     information into Chapter VI, Section 19,
                                                                                                       entitled ‘‘Data Feeds.’’                              traded on the Exchange; trading action
                                               accommodate the changes being                                                                                 messages to inform market participants
                                               adopted by the Exchange. The Exchange                      The text of the proposed rule change
                                                                                                       is available on the Exchange’s website at             when a specific option or strategy is
                                               has also committed to announce the                                                                            halted or released for trading on the
                                               implementation of the change at least 30                http://nasdaqbx.cchwallstreet.com/, at
                                                                                                       the principal office of the Exchange, and             Exchange; and an indicator which
                                               days prior to the effective date pursuant                                                                     distinguishes electronic and non-
                                               to a Regulatory Circular, which should                  at the Commission’s Public Reference
                                                                                                       Room.                                                 electronically delivered orders.
                                               provide adequate advance notice to
                                               market participants. To the extent OCC                  II. Self-Regulatory Organization’s                      3 See Securities Exchange Act Release No. 73894
                                               is not able to implement a bylaw change                 Statement of the Purpose of, and the                  (December 19, 2014), 79 FR 78119 (December 29,
                                               at or prior to the July 31, 2018, we                    Statutory Basis for, the Proposed Rule                1014) (SR–BX–2014–060) (‘‘CTI and FIX DROP
                                               would expect the Exchange to amend its                  Change                                                Filing’’).
                                                                                                                                                               4 See Securities Exchange Act Release No. 60826
                                               rules or extend the implementation
                                                                                                          In its filing with the Commission, the
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                                                                             (October 14, 2009), 74 FR 54605 (October 22, 2009)
                                               date.                                                                                                         (SR–BX–2009–062) (‘‘TradeInfo Filing’’).
                                                                                                       Exchange included statements
                                                  For the reasons above, the                           concerning the purpose of and basis for                 5 See note 3 above.

                                               Commission finds that the proposed                                                                              6 A real-time clearing trade update is a message

                                               rule change is consistent with the Act.                   31 15
                                                                                                                                                             that is sent to a member after an execution has
                                                                                                               U.S.C. 78s(b)(2).                             occurred and contains trade details. See Securities
                                                                                                         32 17 CFR 200.30–3(a)(12).                          Exchange Act Release No. 73894 (December 19,
                                                 30 See Cboe Options Rule 24A.7, concerning              1 15 U.S.C. 78s(b)(1).
                                                                                                                                                             2014), 79 FR 78119 (December 29, 1014) (SR–BX–
                                               FLEX position limits and reporting requirements.          2 17 CFR 240.19b–4.                                 2014–060).



                                          VerDate Sep<11>2014   20:27 May 14, 2018   Jkt 244001   PO 00000   Frm 00112   Fmt 4703   Sfmt 4703   E:\FR\FM\15MYN1.SGM   15MYN1


                                                                              Federal Register / Vol. 83, No. 94 / Tuesday, May 15, 2018 / Notices                                              22553

                                                  The Exchange is proposing to more                    detail to the description. While some                 2. Statutory Basis
                                               specifically describe the CTI offering                  descriptive language is being removed                    The Exchange believes that the
                                               and memorialize it within Section                       from the rules, such as permitting a                  proposed rule change is consistent with
                                               19(b)(1). The description provides more                 subscribing member to scan other order                Section 6(b) of the Securities Exchange
                                               detail as to the current functionality of               statuses, such as executed, cancelled,                Act of 1934 (the ‘‘Act’’),8 in general, and
                                               CTI, which is not changing. The                         broken, rejected and suspended orders,                furthers the objectives of Section 6(b)(5)
                                               description would continue to state that                the Exchange believes that this language              of the Act,9 in particular, in that it is
                                               CTI is a real-time clearing trade update                is covered in the current description in              designed to promote just and equitable
                                               message that is sent to a Participant after             that the text indicates that all orders               principles of trade, to remove
                                               an execution has occurred and contains                  may be searched regardless of their                   impediments to and perfect the
                                               trade details specific to that Participant.             status. Similarly, the description which              mechanism for a free and open market
                                               The information includes, among other                   provides that a subscribing member may                and a national market system, and, in
                                               things, the following: (i) The Clearing                 generate reports of execution, order or               general, to protect investors and the
                                               Member Trade Agreement or ‘‘CMTA’’                      cancel information, which can be                      public interest, by providing greater
                                               or The Options Clearing Corporation or                  exported into a spreadsheet for review                transparency as to the order and
                                               ‘‘OCC’’ number; (ii) Exchange badge or                  is covered in that the Exchange notes                 execution information offered on BX.
                                               house number; (iii) the Exchange                        that a view of the orders and execution               The Exchange notes that it described
                                               internal firm identifier; (iv) an indicator             may be downloaded.                                    this information in prior rule changes.10
                                               which will distinguish electronic and                      The Exchange originally noted in its               The Exchange believes that
                                               non-electronically delivered orders; (v)                FIX DROP filing that the Order Entry                  memorializing this information within a
                                               liquidity indicators and transaction type               DROP provides real time information                   rule and updating the information will
                                               for billing purposes; and (vi) capacity.                regarding orders sent to BX and                       provide market participants with a list
                                               The Exchange proposes to not add the                    executions that occurred on BX. The                   of information available specific to their
                                               sentence which states, ‘‘The message                    DROP interface is not a trading interface             trading on BX. The Exchange believes
                                               containing the trade details is also                    and does not accept order messages. The               that this proposal is consistent with the
                                               simultaneously sent to The Options                      ‘‘Order Entry DROP’’ interface is being               Act because it provides information on
                                               Clearing Corporation.’’ The Exchange’s                  renamed ‘‘FIX DROP’’ for clarity as it                the content available to market
                                               System sends clearing information to                    relates to FIX ports.                                 participants regarding the trades they
                                               OCC for each transaction. This sentence                                                                       execute on BX.
                                               does not add information that is useful                    The Exchange is now expanding on
                                               or relevant and therefore the Exchange                  the original description by providing                 B. Self-Regulatory Organization’s
                                               proposes to remove it. The Exchange                     more detail by stating that it is a real-             Statement on Burden on Competition
                                               notes that while the description is being               time order and execution update
                                                                                                       message that is sent to a Participant after             In accordance with Section 6(b)(8) of
                                               amended, it retains more broadly the                                                                          the Act,11 the Exchange does not believe
                                               former descriptions. The information                    an order has been received/modified or
                                                                                                       an execution has occurred and contains                that the proposed rule change will
                                               provided is specific to a market                                                                              impose any burden on intermarket or
                                               participant. The Exchange is expressing                 trade details specific to that Participant.
                                                                                                       The information includes, among other                 intra-market competition that is not
                                               more specifically the type of data                                                                            necessary or appropriate in furtherance
                                               contained in CTI. The CTI offering is not               things, the following: (1) Executions; (2)
                                                                                                       cancellations; (3) modifications to an                of the purposes of the Act. The
                                               changing. The Exchange is providing                                                                           Exchange’s proposal does not impose an
                                               more details regarding the CTI offering                 existing order (4) busts or post-trade
                                                                                                       corrections. The Exchange believes that               undue burden on competition, rather
                                               than was originally filed in the CTI and                                                                      the Exchange is seeking to provide
                                               FIX DROP Filing.                                        the additional specificity will provide
                                                                                                       more information to Participants.                     greater transparency within its rules
                                                  The Exchange originally noted in the                                                                       with respect to the various order and
                                               TradeInfo Filing that TradeInfo allows                     The Exchange considers it appropriate
                                                                                                                                                             execution information offered on BX.
                                               subscribing members to scan for their                   to memorialize the order and execution
                                               orders submitted to BX. Members can                     information available on BX within a                  C. Self-Regulatory Organization’s
                                               scan for all orders in a particular                     rule so that Participants may understand              Statement on Comments on the
                                               security or all orders of a particular                  the trade information which is available              Proposed Rule Change Received From
                                               type, regardless of their status (open,                 on the Exchange as it pertains to a firm’s            Members, Participants, or Others
                                               canceled, executed, etc.). Members are                  trading information. This data is                       No written comments were either
                                               also able to cancel open orders at the                  available to all Participants regarding               solicited or received.
                                               order, port or MPID level (an MPID is a                 that Participant’s transactions. Pricing
                                               firm mnemonic). For example, after                      for these products is included in the                 III. Date of Effectiveness of the
                                               scanning for open orders, the member is                 Exchange’s fee schedule at Chapter XV,                Proposed Rule Change and Timing for
                                               then able to select an open order and                   Section 3.7                                           Commission Action
                                               cancel the order. TradeInfo BX also                                                                              Because the proposed rule change
                                               allows members to scan other order                      Section 19(a)
                                                                                                                                                             does not: (i) Significantly affect the
                                               statuses, such as executed, cancelled,                    The Exchange proposes minor                         protection of investors or the public
                                               broken, rejected and suspended orders.                  changes to Section 19(a)(1) and (2) to                interest; (ii) impose any significant
                                               TradeInfo BX enables members to                         change the language to indicate the BX                burden on competition; and (iii) become
                                               generate reports of execution, order or                 Depth of Market and BX Top of Market                  operative for 30 days from the date on
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                                               cancel information, which can be                        each separately are data feeds and                    which it was filed, or such shorter time
                                               exported into a spreadsheet for review.                 removing the ‘‘A’’ before the                         as the Commission may designate, if
                                                  The Exchange proposes to amend and                   description.
                                               memorialize TradeInfo within Section                                                                            8 15 U.S.C. 78f(b).
                                               19(b)(2). The Exchange proposes to note                   7 Seealso SR–BX–2018–017 (not yet published)
                                                                                                                                                               9 15 U.S.C. 78f(b)(5).
                                               that TradeInfo is a user interface, as                  which proposes conforming changes to the fee            10 See notes 3 and 4 above.

                                               compared to a data stream, to add more                  schedule.                                               11 15 U.S.C. 78f(b)(8).




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                                               22554                           Federal Register / Vol. 83, No. 94 / Tuesday, May 15, 2018 / Notices

                                               consistent with the protection of                       Comments may be submitted by any of                    SECURITIES AND EXCHANGE
                                               investors and the public interest, the                  the following methods:                                 COMMISSION
                                               proposed rule change has become
                                               effective pursuant to Section 19(b)(3)(A)               Electronic Comments
                                                                                                                                                              [SEC File No. 270–221, OMB Control No.
                                               of the Act 12 and Rule 19b–4(f)(6)                        • Use the Commission’s internet                      3235–0232]
                                               thereunder.13                                           comment form (http://www.sec.gov/
                                                  A proposed rule change filed under                   rules/sro.shtml); or                                   Proposed Collection; Comment
                                               Rule 19b–4(f)(6) 9 normally does not                                                                           Request
                                               become operative for 30 days after the                    • Send an email to rule-comments@
                                               date of filing. However, pursuant to                    sec.gov. Please include File Number SR–                Upon Written Request, Copies Available
                                               Rule 19b–4(f)(6)(iii),10 the Commission                 BX–2018–016 on the subject line.                        From: Securities and Exchange
                                               may designate a shorter time if such                                                                            Commission, Office of FOIA Services,
                                                                                                       Paper Comments
                                               action is consistent with the protection                                                                        100 F Street NE, Washington, DC
                                               of investors and the public interest. The                 • Send paper comments in triplicate                   20549–2736
                                               Exchange has asked the Commission to                    to Secretary, Securities and Exchange                  Extension:
                                               waive the 30-day operative delay so that                Commission, 100 F Street NE,                             Form 1–E, Regulation E
                                               the proposal may become operative                       Washington, DC 20549–1090.
                                               immediately upon filing. The Exchange                                                                             Notice is hereby given that, pursuant
                                               states that such waiver will allow it to                All submissions should refer to File                   to the Paperwork Reduction Act of 1995
                                               update its rules immediately to provide                 Number SR–BX–2018–016. This file                       (44 U.S.C. 3501 et seq.), the Securities
                                               more information regarding the order                    number should be included on the                       and Exchange Commission (the
                                               and execution information it offers and                 subject line if email is used. To help the             ‘‘Commission’’) is soliciting comments
                                               further the protection of investors and                 Commission process and review your                     on the collection of information
                                               the public interest because it will                     comments more efficiently, please use                  summarized below. The Commission
                                               provide greater transparency as to the                  only one method. The Commission will                   plans to submit this existing collection
                                               trade detail available to members. For                  post all comments on the Commission’s                  of information of the Office of
                                               this reason, the Commission believes                    internet website (http://www.sec.gov/                  Management and Budget for extension
                                               that waiving the 30-day operative delay                 rules/sro.shtml). Copies of the                        and approval.
                                               is consistent with the protection of                    submission, all subsequent                                Form 1–E (17 CFR 239.200) under the
                                               investors and the public interest and,                  amendments, all written statements                     Securities Act of 1933 (15 U.S.C. 77a et
                                               therefore, the Commission designates                    with respect to the proposed rule                      seq.) (‘‘Securities Act’’) is the form that
                                               the proposed rule change to be operative                change that are filed with the                         a small business investment company
                                               upon filing.14                                          Commission, and all written                            (‘‘SBIC’’) or business development
                                                  At any time within 60 days of the                    communications relating to the                         company (‘‘BDC’’) uses to notify the
                                               filing of the proposed rule change, the                 proposed rule change between the                       Commission that it is claiming an
                                               Commission summarily may                                Commission and any person, other than                  exemption under Regulation E from
                                               temporarily suspend such rule change if                 those that may be withheld from the                    registering its securities under the
                                               it appears to the Commission that such                  public in accordance with the                          Securities Act. Rule 605 of Regulation E
                                               action is necessary or appropriate in the               provisions of 5 U.S.C. 552, will be                    (17 CFR 230.605) under the Securities
                                               public interest, for the protection of                  available for website viewing and                      Act requires an SBIC or BDC claiming
                                               investors, or otherwise in furtherance of               printing in the Commission’s Public                    such an exemption to file an offering
                                               the purposes of the Act. If the                         Reference Room, 100 F Street NE,                       circular with the Commission that must
                                               Commission takes such action, the                       Washington, DC 20549, on official                      also be provided to persons to whom an
                                               Commission shall institute proceedings                  business days between the hours of                     offer is made. Form 1–E requires an
                                               to determine whether the proposed rule                  10:00 a.m. and 3:00 p.m. Copies of the                 issuer to provide the names and
                                               should be approved or disapproved.                      filing also will be available for                      addresses of the issuer, its affiliates,
                                                                                                       inspection and copying at the principal                directors, officers, and counsel; a
                                               IV. Solicitation of Comments                                                                                   description of events which would
                                                                                                       office of the Exchange. All comments
                                                 Interested persons are invited to                     received will be posted without change.                make the exemption unavailable; the
                                               submit written data, views, and                         Persons submitting comments are                        jurisdictions in which the issuer intends
                                               arguments concerning the foregoing,                     cautioned that we do not redact or edit                to offer the securities; information about
                                               including whether the proposed rule                     personal identifying information from                  unregistered securities issued or sold by
                                               change is consistent with the Act.                      comment submissions. You should                        the issuer within one year before filing
                                                                                                       submit only information that you wish                  the notification on Form 1–E;
                                                 12 15  U.S.C. 78s(b)(3)(A).                           to make available publicly. All                        information as to whether the issuer is
                                                 13 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–    submissions should refer to File                       presently offering or contemplating
                                               4(f)(6)(iii) requires the Exchange to give the
                                                                                                       Number SR–BX–2018–016 and should                       offering any other securities; and
                                               Commission written notice the Exchange’s intent to                                                             exhibits, including copies of the rule
                                               file the proposed rule change, along with a brief       be submitted on or before June 5, 2018.
                                               description and text of the proposed rule change at                                                            605 offering circular and any
                                               least five business days prior to the date of filing
                                                                                                         For the Commission, by the Division of               underwriting contracts.
                                               of the proposed rule change, or such shorter time       Trading and Markets, pursuant to delegated
                                                                                                                                                                 The Commission uses the information
                                               as designated by the Commission. The Exchange           authority.15
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                                               has satisfied this requirement.                                                                                provided in the notification on Form 1–
                                                  9 17 CFR 240.19b–4(f)(6).
                                                                                                       Eduardo A. Aleman,                                     E and the offering circular to determine
                                                  10 17 CFR 240.19b–4(f)(6)(iii).                      Assistant Secretary.                                   whether an offering qualifies for the
                                                  14 For purposes only of waiving the 30-day           [FR Doc. 2018–10259 Filed 5–14–18; 8:45 am]            exemption under Regulation E. The
                                               operative delay, the Commission has also                BILLING CODE 8011–01–P                                 Commission estimates that, each year,
                                               considered the proposed rule’s impact on
                                               efficiency, competition, and capital formation. See
                                                                                                                                                              one issuer files one notification on Form
                                               15 U.S.C. 78c(f).                                         15 17   CFR 200.30–3(a)(12).                         1–E, together with offering circulars,


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Document Created: 2018-05-15 00:34:11
Document Modified: 2018-05-15 00:34:11
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 22552 

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