83_FR_23415 83 FR 23318 - Self-Regulatory Organizations; The Nasdaq Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Market Order Spread Protection

83 FR 23318 - Self-Regulatory Organizations; The Nasdaq Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Market Order Spread Protection

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 97 (May 18, 2018)

Page Range23318-23320
FR Document2018-10604

Federal Register, Volume 83 Issue 97 (Friday, May 18, 2018)
[Federal Register Volume 83, Number 97 (Friday, May 18, 2018)]
[Notices]
[Pages 23318-23320]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-10604]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83228; File No. SR-NASDAQ-2018-037]


Self-Regulatory Organizations; The Nasdaq Stock Market LLC; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To 
Amend the Market Order Spread Protection

May 14, 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 30, 2018, The Nasdaq Stock Market LLC (``Nasdaq'' or the 
``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 a proposal to amend the Market Order Spread 
Protection and reorganize Rule Chapter VI, Section 18 entitled, ``Order 
Price Protections.''
    The text of the proposed rule change is available on the Exchange's 
website at http://nasdaq.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 amend Chapter VI, 
Section 18, entitled, ``Order Price Protection'' to ``Risk 
Protections'' and relocate all the order protections into a single rule 
and categorize them as either order protections, order and quote 
protections or market maker protections. The Exchange believes that 
placing all the order protections into a single rule will provide 
market participants with information as to the availability of these 
protections, which are all mandatory. The Exchange also proposes to 
amend the Market Order Spread Protection and Acceptable Trade Range 
Rules to add more specificity.
Universal Amendments
    The Exchange proposes to restructure Chapter VI, Section 18 into 
three parts: (1) Order protections; (2) order and quote protections; 
and (3) market maker protections. The Exchange proposes to reletter and 
renumber the rule as well to provide a more organized structure. The 
Exchange believes that categorizing the various protections provides 
more information to market participants as to each of the risk 
protections.
Order Price Protection
    The Exchange proposes only to reorganize the rule by adding new 
lettering and numbering to conform to the remainder of the proposed 
rule, no other amendments are being made to Order Price Protection.
Market Order Spread Protection
    The Exchange proposes to relocate the Market Order Spread 
Protection rule from Chapter VI, Section 6(c) into Chapter VI, Section 
18. The Exchange also proposes to amend the Market Order Spread 
Protection at proposed Chapter VI, Section 18(a)(2) by adding an 
additional sentence stating, ``Market Order Spread Protection shall not 
apply to the Opening Process and during a halt.'' Today, the Market 
Order Spread Protection does not apply during the Opening Process and 
during a trading halt. The Exchange is adding this additional 
specificity to the rule to make clear when the protection is operative.
    Both the Opening Process and trading halts have the same or more 
restrictive boundaries as those proposed for the Market Order Spread 
Protection. With respect to the Opening Process, a Valid Width National 
Best Bid or Offer is required. A Valid Width National Best Bid or 
Offer'' or ``Valid Width NBBO'' shall mean the combination of all away 
market quotes and any combination of NOM-registered Market Maker orders 
and quotes received over the OTTO or SQF Protocols within a specified 
bid/ask differential as established and published by the Exchange.\3\ 
The Valid Width NBBO is configurable by underlying, and tables with 
valid width differentials are posted by Nasdaq on its website.\4\ The 
Exchange's threshold for the Market Order Spread Protection is 
currently set at $5.\5\ Today, the maximum bid/ask differentials are 
more restrictive for both Penny and Non-Penny issues that are not LEAPS 
\6\ (up to $2.00 and $2.25, respectively, for the bid/ask 
differentials). The maximum bid/ask differentials are equal to or more 
restrictive for both Penny and Non-Penny issues that are LEAPS (up to a 
$5.00 bid/ask differential.) The Exchange believes that the Market 
Order Spread Protection is unnecessary during the Opening Process 
because other protections are in place to ensure that the best bid and 
offer displayed on the Exchange are within a reasonable range.
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    \3\ Away markets that are crossed will void all Valid Width NBBO 
calculations. If any Market Maker orders or quotes on NOM are 
crossed internally, then all such orders and quotes will be excluded 
from the Valid Width NBBO calculation. See NOM Chapter VI, Section 
8(a)(6).
    \4\ The table with the differentials is published on the 
Exchange's website at: http://www.nasdaqtrader.com/content/technicalsupport/NOM_SystemSettings.pdf.
    \5\ The current Market Order Spread Differential is set at $5. 
The table in note 4 above notes the current setting.
    \6\ LEAPS are option series with a time to expiration greater 
than nine (9) months. See Chapter VI, Section 8.
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    As provided in Chapter V, Section 4 trading halts are subject to 
the reopening process as provided for in Chapter VI, Section 8. The 
same protections noted for the Opening Process above will apply for 
trading halts. The Exchange believes that the Market Order Spread 
Protection is

[[Page 23319]]

unnecessary during a trading halt because other protections are in 
place to ensure that the best bid and offer displayed on the Exchange 
are within a reasonable range.
Acceptable Trade Range
    The Exchange proposes to relocate the Acceptable Trade Protection 
from Chapter VI, Section 10(7) into Chapter VI, Section 18(b)(1). The 
Exchange also proposes to note more specifically within the rule that 
this risk protection applies to both quotes and orders. Today, the rule 
only refers to ``orders'' in a few places. The Exchange proposes to 
note ``order/quotes'' in those instances to make clear that both orders 
and quotes are protected. This addition and the categorization proposed 
within this rule change should make that this protection more 
transparent.
Anti-Internalization
    The Exchange proposes to relocate the Anti-Internalization 
Protection from Chapter VI, Section 10(6) into Chapter VI, Section 
18(c)(1). The Exchange proposes only to reorganize the rule by adding 
new lettering and numbering to conform to the remainder of the proposed 
rule, no other amendments are being made to the Anti-Internalization 
rule.
Automated Removal of Quotes and Orders
    The Exchange proposes to relocate the Automated Removal of Quotes 
and Orders from Chapter VII, Section 6(f) into Chapter VI, Section 
18(c)(2). The Exchange proposes only to reorganize the rule by adding 
new lettering and numbering to conform to the remainder of the proposed 
rule, no other amendments are being made to the Automated Removal of 
Quotes and Orders rule.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act,\7\ in general, and furthers the objectives of Section 
6(b)(5) of the Act,\8\ in particular, in that it is designed to promote 
just and equitable principles of trade, to remove impediments to and 
perfect the mechanism of a free and open market and a national market 
system, and, in general to protect investors and the public interest, 
by grouping the various order protections applied on NOM into a single 
rule for ease of reference and adding headers to the rule to make clear 
whether the risk protection is an order, quote or order and market 
maker protection. The Exchange believes the reorganization of the 
existing rule and relocation of various rules into Rule Chapter VI, 
Section 18 is a non-substantive rule change.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
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    The Exchange is amending the Market Order Spread Protection to 
provide more specificity to that rule. Today, the Market Order Spread 
Protection does not apply during the Opening Process and during halts. 
The Exchange is proposing to memorialize this exception into the rule 
to provide more transparency as to the operation of this protection. 
Both the Opening Process and trading halts have the same or more 
restrictive boundaries as those proposed for the Market Order Spread 
Protection. With respect to the Opening Process, a Valid Width NBBO is 
required. With respect to the Opening Process, a Valid Width National 
Best Bid or Offer is required. A Valid Width NBBO is the combination of 
all away market quotes and any combination of NOM-registered Market 
Maker orders and quotes received over the OTTO or SQF Protocols within 
a specified bid/ask differential as established and published by the 
Exchange.\9\ The Exchange's requirements during the Opening Process are 
as restrictive as the setting for the Market Order Spread Protection. 
As provided in Chapter V, Section 4 trading halts are subject to the 
reopening process as provided for in Chapter VI, Section 8. The same 
protections noted for the Opening Process above will apply for trading 
halts. The Exchange believes that the Market Order Spread Protection is 
unnecessary during the Opening Process and during a trading halt 
because other protections are in place to ensure that the best bid and 
offer displayed on the Exchange are within a reasonable range.
---------------------------------------------------------------------------

    \9\ Away markets that are crossed will void all Valid Width NBBO 
calculations. If any Market Maker orders or quotes on NOM are 
crossed internally, then all such orders and quotes will be excluded 
from the Valid Width NBBO calculation. See NOM Chapter VI, Section 
8(a)(6).
---------------------------------------------------------------------------

    The Exchange is also proposing to make clear that the Acceptable 
Trade Range protection is an order and quote protection. This 
particular rule does not specifically state orders and quotes in each 
place either is mentioned with the rule. The Exchange believes adding 
order/quote in each instance it appears will bring greater transparency 
to the rule and protect investors and the public interest by providing 
greater clarity to the rule.

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

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition not necessary or appropriate in 
furtherance of the purposes of the Act. The proposal does not impose an 
intra-market burden on competition with respect to the reorganization 
and relocation of the various rules into Rule Chapter VI, Section 18 
because the various price protections will continue to apply uniformly 
to all market participants.
    The Exchange does not believe that not applying the Market Order 
Spread Protection during the Opening Process and during a trading halt 
creates an undue burden on competition because these mechanisms have 
the same or more restrictive protections as the Market Order Spread 
Protection.
    Finally, the amendments to the Acceptable Trade Range rule creates 
an undue burden on competition because the additional language brings 
more transparency to the existing rule.

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) of the Act \10\ and Rule 19b-
4(f)(6) thereunder.\11\
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    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6) 
requires a self-regulatory organization to give the Commission 
written notice of its intent to file 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 pursuant to Rule 19b-4(f)(6) under the 
Act \12\ normally does not become operative for 30 days after the date 
of its filing. However, Rule 19b-4(f)(6)(iii) \13\ however, permits the 
Commission to designate a shorter time if such action is consistent 
with the protection of investors and the public interest. The

[[Page 23320]]

Exchange has requested that the Commission waive the 30-day operative 
delay so that the proposal may become operative upon filing. The 
Exchange states that it believes it is important for it to be able to 
manage the administration of its rules on an immediately effective 
basis. Further, with respect to the amendment to the Market Order 
Spread Protection and Acceptable Trade Range, the Exchange believes 
that the amendment protects investors and the public interest by 
providing more transparency as to the operation of this protection 
during the Opening Process and during halts for the Market Order Spread 
Protection and also clarifies the Acceptable Trade Range rule. For 
these reasons, the Commission believes that waiver of the 30-day 
operative delay is consistent with the protection of investors and the 
public interest and, therefore, the Commission hereby waives the 30-day 
operative delay and designates the proposed rule change operative upon 
filing.\14\
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    \12\ 17 CFR 240.19b-4(f)(6)(iii).
    \13\ 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: (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 change 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 [email protected]. Please include 
File Number SR-NASDAQ-2018-037 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-NASDAQ-2018-037. 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-NASDAQ-2018-037 and should be submitted 
on or before June 8, 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. 2018-10604 Filed 5-17-18; 8:45 am]
 BILLING CODE 8011-01-P



                                               23318                            Federal Register / Vol. 83, No. 97 / Friday, May 18, 2018 / Notices

                                               filing also will be available for                       II. Self-Regulatory Organization’s                    Chapter VI, Section 18(a)(2) by adding
                                               inspection and copying at the principal                 Statement of the Purpose of, and                      an additional sentence stating, ‘‘Market
                                               office of the Exchange. All comments                    Statutory Basis for, the Proposed Rule                Order Spread Protection shall not apply
                                               received will be posted without change.                 Change                                                to the Opening Process and during a
                                               Persons submitting comments are                            In its filing with the Commission, the             halt.’’ Today, the Market Order Spread
                                               cautioned that we do not redact or edit                 Exchange included statements                          Protection does not apply during the
                                               personal identifying information from                   concerning the purpose of and basis for               Opening Process and during a trading
                                               comment submissions. You should                         the proposed rule change and discussed                halt. The Exchange is adding this
                                               submit only information that you wish                   any comments it received on the                       additional specificity to the rule to make
                                               to make available publicly. All                         proposed rule change. The text of these               clear when the protection is operative.
                                               submissions should refer to File                        statements may be examined at the                        Both the Opening Process and trading
                                               Number SR–NYSE–2018–21 and should                       places specified in Item IV below. The                halts have the same or more restrictive
                                               be submitted on or before June 8, 2018.                 Exchange has prepared summaries, set                  boundaries as those proposed for the
                                                 For the Commission, by the Division of                forth in sections A, B, and C below, of               Market Order Spread Protection. With
                                               Trading and Markets, pursuant to delegated              the most significant aspects of such                  respect to the Opening Process, a Valid
                                               authority.22                                            statements.                                           Width National Best Bid or Offer is
                                               Eduardo A. Aleman,                                                                                            required. A Valid Width National Best
                                                                                                       A. Self-Regulatory Organization’s                     Bid or Offer’’ or ‘‘Valid Width NBBO’’
                                               Assistant Secretary.
                                                                                                       Statement of the Purpose of, and                      shall mean the combination of all away
                                               [FR Doc. 2018–10606 Filed 5–17–18; 8:45 am]
                                                                                                       Statutory Basis for, the Proposed Rule                market quotes and any combination of
                                               BILLING CODE 8011–01–P
                                                                                                       Change                                                NOM-registered Market Maker orders
                                                                                                       1. Purpose                                            and quotes received over the OTTO or
                                               SECURITIES AND EXCHANGE                                                                                       SQF Protocols within a specified bid/
                                                                                                          The purpose of the proposed rule                   ask differential as established and
                                               COMMISSION                                              change is to amend Chapter VI, Section                published by the Exchange.3 The Valid
                                                                                                       18, entitled, ‘‘Order Price Protection’’ to           Width NBBO is configurable by
                                               [Release No. 34–83228; File No. SR–                     ‘‘Risk Protections’’ and relocate all the             underlying, and tables with valid width
                                               NASDAQ–2018–037]                                        order protections into a single rule and              differentials are posted by Nasdaq on its
                                                                                                       categorize them as either order                       website.4 The Exchange’s threshold for
                                               Self-Regulatory Organizations; The                      protections, order and quote protections
                                               Nasdaq Stock Market LLC; Notice of                                                                            the Market Order Spread Protection is
                                                                                                       or market maker protections. The                      currently set at $5.5 Today, the
                                               Filing and Immediate Effectiveness of                   Exchange believes that placing all the
                                               Proposed Rule Change To Amend the                                                                             maximum bid/ask differentials are more
                                                                                                       order protections into a single rule will             restrictive for both Penny and Non-
                                               Market Order Spread Protection                          provide market participants with                      Penny issues that are not LEAPS 6 (up to
                                               May 14, 2018.                                           information as to the availability of                 $2.00 and $2.25, respectively, for the
                                                  Pursuant to Section 19(b)(1) of the                  these protections, which are all                      bid/ask differentials). The maximum
                                               Securities Exchange Act of 1934                         mandatory. The Exchange also proposes                 bid/ask differentials are equal to or more
                                               (‘‘Act’’),1 and Rule 19b–4 thereunder,2                 to amend the Market Order Spread                      restrictive for both Penny and Non-
                                               notice is hereby given that on April 30,                Protection and Acceptable Trade Range                 Penny issues that are LEAPS (up to a
                                               2018, The Nasdaq Stock Market LLC                       Rules to add more specificity.                        $5.00 bid/ask differential.) The
                                               (‘‘Nasdaq’’ or the ‘‘Exchange’’) filed with             Universal Amendments                                  Exchange believes that the Market Order
                                               the Securities and Exchange                                                                                   Spread Protection is unnecessary during
                                                                                                         The Exchange proposes to restructure
                                               Commission (‘‘Commission’’) the                                                                               the Opening Process because other
                                                                                                       Chapter VI, Section 18 into three parts:
                                               proposed rule change as described in                                                                          protections are in place to ensure that
                                                                                                       (1) Order protections; (2) order and
                                               Items I and II below, which Items have                                                                        the best bid and offer displayed on the
                                                                                                       quote protections; and (3) market maker
                                               been prepared by the Exchange. The                                                                            Exchange are within a reasonable range.
                                                                                                       protections. The Exchange proposes to
                                               Commission is publishing this notice to                                                                          As provided in Chapter V, Section 4
                                                                                                       reletter and renumber the rule as well to
                                               solicit comments on the proposed rule                                                                         trading halts are subject to the
                                                                                                       provide a more organized structure. The
                                               change from interested persons.                                                                               reopening process as provided for in
                                                                                                       Exchange believes that categorizing the
                                                                                                                                                             Chapter VI, Section 8. The same
                                               I. Self-Regulatory Organization’s                       various protections provides more
                                                                                                                                                             protections noted for the Opening
                                               Statement of the Terms of Substance of                  information to market participants as to
                                                                                                                                                             Process above will apply for trading
                                               the Proposed Rule Change                                each of the risk protections.
                                                                                                                                                             halts. The Exchange believes that the
                                                  The Exchange proposes a proposal to                  Order Price Protection                                Market Order Spread Protection is
                                               amend the Market Order Spread                              The Exchange proposes only to                        3 Away markets that are crossed will void all
                                               Protection and reorganize Rule Chapter                  reorganize the rule by adding new                     Valid Width NBBO calculations. If any Market
                                               VI, Section 18 entitled, ‘‘Order Price                  lettering and numbering to conform to                 Maker orders or quotes on NOM are crossed
                                               Protections.’’                                          the remainder of the proposed rule, no                internally, then all such orders and quotes will be
                                                  The text of the proposed rule change                 other amendments are being made to                    excluded from the Valid Width NBBO calculation.
                                                                                                                                                             See NOM Chapter VI, Section 8(a)(6).
                                               is available on the Exchange’s website at               Order Price Protection.                                 4 The table with the differentials is published on
                                               http://nasdaq.cchwallstreet.com, at the
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                       Market Order Spread Protection                        the Exchange’s website at: http://
                                               principal office of the Exchange, and at                                                                      www.nasdaqtrader.com/content/technicalsupport/
                                               the Commission’s Public Reference                         The Exchange proposes to relocate the               NOM_SystemSettings.pdf.
                                               Room.                                                   Market Order Spread Protection rule                     5 The current Market Order Spread Differential is

                                                                                                       from Chapter VI, Section 6(c) into                    set at $5. The table in note 4 above notes the current
                                                                                                                                                             setting.
                                                 22 17 CFR 200.30–3(a)(12).                            Chapter VI, Section 18. The Exchange                    6 LEAPS are option series with a time to
                                                 1 15 U.S.C. 78s(b)(1).                                also proposes to amend the Market                     expiration greater than nine (9) months. See
                                                 2 17 CFR 240.19b–4.                                   Order Spread Protection at proposed                   Chapter VI, Section 8.



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                                                                                   Federal Register / Vol. 83, No. 97 / Friday, May 18, 2018 / Notices                                                       23319

                                               unnecessary during a trading halt                          and market maker protection. The                      B. Self-Regulatory Organization’s
                                               because other protections are in place to                  Exchange believes the reorganization of               Statement on Burden on Competition
                                               ensure that the best bid and offer                         the existing rule and relocation of                      The Exchange does not believe that
                                               displayed on the Exchange are within a                     various rules into Rule Chapter VI,                   the proposed rule change will impose
                                               reasonable range.                                          Section 18 is a non-substantive rule                  any burden on competition not
                                               Acceptable Trade Range                                     change.                                               necessary or appropriate in furtherance
                                                                                                             The Exchange is amending the Market                of the purposes of the Act. The proposal
                                                 The Exchange proposes to relocate the
                                                                                                          Order Spread Protection to provide                    does not impose an intra-market burden
                                               Acceptable Trade Protection from
                                                                                                          more specificity to that rule. Today, the             on competition with respect to the
                                               Chapter VI, Section 10(7) into Chapter
                                                                                                          Market Order Spread Protection does                   reorganization and relocation of the
                                               VI, Section 18(b)(1). The Exchange also
                                                                                                          not apply during the Opening Process                  various rules into Rule Chapter VI,
                                               proposes to note more specifically
                                                                                                          and during halts. The Exchange is                     Section 18 because the various price
                                               within the rule that this risk protection
                                                                                                          proposing to memorialize this exception               protections will continue to apply
                                               applies to both quotes and orders.
                                                                                                          into the rule to provide more                         uniformly to all market participants.
                                               Today, the rule only refers to ‘‘orders’’
                                                                                                                                                                   The Exchange does not believe that
                                               in a few places. The Exchange proposes                     transparency as to the operation of this
                                                                                                                                                                not applying the Market Order Spread
                                               to note ‘‘order/quotes’’ in those                          protection. Both the Opening Process                  Protection during the Opening Process
                                               instances to make clear that both orders                   and trading halts have the same or more               and during a trading halt creates an
                                               and quotes are protected. This addition                    restrictive boundaries as those proposed              undue burden on competition because
                                               and the categorization proposed within                     for the Market Order Spread Protection.               these mechanisms have the same or
                                               this rule change should make that this                     With respect to the Opening Process, a                more restrictive protections as the
                                               protection more transparent.                               Valid Width NBBO is required. With                    Market Order Spread Protection.
                                               Anti-Internalization                                       respect to the Opening Process, a Valid                  Finally, the amendments to the
                                                                                                          Width National Best Bid or Offer is                   Acceptable Trade Range rule creates an
                                                 The Exchange proposes to relocate the
                                                                                                          required. A Valid Width NBBO is the                   undue burden on competition because
                                               Anti-Internalization Protection from
                                               Chapter VI, Section 10(6) into Chapter                     combination of all away market quotes                 the additional language brings more
                                               VI, Section 18(c)(1). The Exchange                         and any combination of NOM-registered                 transparency to the existing rule.
                                               proposes only to reorganize the rule by                    Market Maker orders and quotes
                                                                                                                                                                C. Self-Regulatory Organization’s
                                               adding new lettering and numbering to                      received over the OTTO or SQF                         Statement on Comments on the
                                               conform to the remainder of the                            Protocols within a specified bid/ask                  Proposed Rule Change Received From
                                               proposed rule, no other amendments are                     differential as established and published             Members, Participants, or Others
                                               being made to the Anti-Internalization                     by the Exchange.9 The Exchange’s
                                                                                                          requirements during the Opening                         No written comments were either
                                               rule.
                                                                                                          Process are as restrictive as the setting             solicited or received.
                                               Automated Removal of Quotes and                            for the Market Order Spread Protection.               III. Date of Effectiveness of the
                                               Orders
                                                                                                          As provided in Chapter V, Section 4                   Proposed Rule Change and Timing for
                                                 The Exchange proposes to relocate the                    trading halts are subject to the                      Commission Action
                                               Automated Removal of Quotes and                            reopening process as provided for in                     Because the foregoing proposed rule
                                               Orders from Chapter VII, Section 6(f)                      Chapter VI, Section 8. The same                       change does not: (i) Significantly affect
                                               into Chapter VI, Section 18(c)(2). The                     protections noted for the Opening                     the protection of investors or the public
                                               Exchange proposes only to reorganize                       Process above will apply for trading                  interest; (ii) impose any significant
                                               the rule by adding new lettering and                       halts. The Exchange believes that the                 burden on competition; and (iii) become
                                               numbering to conform to the remainder                      Market Order Spread Protection is                     operative for 30 days from the date on
                                               of the proposed rule, no other
                                                                                                          unnecessary during the Opening Process                which it was filed, or such shorter time
                                               amendments are being made to the
                                                                                                          and during a trading halt because other               as the Commission may designate, it has
                                               Automated Removal of Quotes and
                                                                                                          protections are in place to ensure that               become effective pursuant to Section
                                               Orders rule.
                                                                                                          the best bid and offer displayed on the               19(b)(3)(A) of the Act 10 and Rule 19b–
                                               2. Statutory Basis                                         Exchange are within a reasonable range.               4(f)(6) thereunder.11
                                                  The Exchange believes that its                                                                                   A proposed rule change filed
                                                                                                             The Exchange is also proposing to
                                               proposal is consistent with Section 6(b)                                                                         pursuant to Rule 19b–4(f)(6) under the
                                                                                                          make clear that the Acceptable Trade
                                               of the Act,7 in general, and furthers the                                                                        Act 12 normally does not become
                                                                                                          Range protection is an order and quote                operative for 30 days after the date of its
                                               objectives of Section 6(b)(5) of the Act,8                 protection. This particular rule does not
                                               in particular, in that it is designed to                                                                         filing. However, Rule 19b–4(f)(6)(iii) 13
                                                                                                          specifically state orders and quotes in               however, permits the Commission to
                                               promote just and equitable principles of                   each place either is mentioned with the
                                               trade, to remove impediments to and                                                                              designate a shorter time if such action
                                                                                                          rule. The Exchange believes adding                    is consistent with the protection of
                                               perfect the mechanism of a free and                        order/quote in each instance it appears
                                               open market and a national market                                                                                investors and the public interest. The
                                                                                                          will bring greater transparency to the
                                               system, and, in general to protect
                                                                                                          rule and protect investors and the                      10 15  U.S.C. 78s(b)(3)(A).
                                               investors and the public interest, by
                                                                                                          public interest by providing greater                    11 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                               grouping the various order protections
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                                                                                                          clarity to the rule.                                  4(f)(6) requires a self-regulatory organization to give
                                               applied on NOM into a single rule for                                                                            the Commission written notice of its intent to file
                                               ease of reference and adding headers to                                                                          the proposed rule change at least five business days
                                                                                                            9 Away markets that are crossed will void all       prior to the date of filing of the proposed rule
                                               the rule to make clear whether the risk                                                                          change, or such shorter time as designated by the
                                                                                                          Valid Width NBBO calculations. If any Market
                                               protection is an order, quote or order                     Maker orders or quotes on NOM are crossed             Commission. The Exchange has satisfied this
                                                                                                          internally, then all such orders and quotes will be   requirement.
                                                 7 15   U.S.C. 78f(b).                                                                                            12 17 CFR 240.19b–4(f)(6)(iii).
                                                                                                          excluded from the Valid Width NBBO calculation.
                                                 8 15   U.S.C. 78f(b)(5).                                 See NOM Chapter VI, Section 8(a)(6).                    13 17 CFR 240.19b–4(f)(6)(iii).




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                                               23320                            Federal Register / Vol. 83, No. 97 / Friday, May 18, 2018 / Notices

                                               Exchange has requested that the                         All submissions should refer to File                   ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                               Commission waive the 30-day operative                   Number SR–NASDAQ–2018–037. This                        notice is hereby given that on May 9,
                                               delay so that the proposal may become                   file number should be included on the                  2018, Cboe C2 Exchange, Inc. (the
                                               operative upon filing. The Exchange                     subject line if email is used. To help the             ‘‘Exchange’’ or ‘‘C2’’) filed with the
                                               states that it believes it is important for             Commission process and review your                     Securities and Exchange Commission
                                               it to be able to manage the                             comments more efficiently, please use                  (the ‘‘Commission’’) the proposed rule
                                               administration of its rules on an                       only one method. The Commission will                   change as described in Items I and II
                                               immediately effective basis. Further,                   post all comments on the Commission’s                  below, which Items have been prepared
                                               with respect to the amendment to the                    internet website (http://www.sec.gov/                  by the Exchange. The Exchange filed the
                                               Market Order Spread Protection and                      rules/sro.shtml). Copies of the                        proposal as a ‘‘non-controversial’’
                                               Acceptable Trade Range, the Exchange                    submission, all subsequent                             proposed rule change pursuant to
                                               believes that the amendment protects                    amendments, all written statements                     Section 19(b)(3)(A)(iii) of the Act 3 and
                                               investors and the public interest by                    with respect to the proposed rule                      Rule 19b–4(f)(6) thereunder.4 The
                                               providing more transparency as to the                   change that are filed with the                         Commission is publishing this notice to
                                               operation of this protection during the                 Commission, and all written                            solicit comments on the proposed rule
                                               Opening Process and during halts for                    communications relating to the                         change from interested persons.
                                               the Market Order Spread Protection and                  proposed rule change between the
                                               also clarifies the Acceptable Trade                                                                            I. Self-Regulatory Organization’s
                                                                                                       Commission and any person, other than
                                               Range rule. For these reasons, the                                                                             Statement of the Terms of Substance of
                                                                                                       those that may be withheld from the
                                               Commission believes that waiver of the                                                                         the Proposed Rule Change
                                                                                                       public in accordance with the
                                               30-day operative delay is consistent                    provisions of 5 U.S.C. 552, will be                      The Exchange proposes to amend the
                                               with the protection of investors and the                available for website viewing and                      opening process with respect to index
                                               public interest and, therefore, the                     printing in the Commission’s Public                    options. The text of the proposed rule
                                               Commission hereby waives the 30-day                     Reference Room, 100 F Street NE,                       change is provided below.
                                               operative delay and designates the                      Washington, DC 20549, on official
                                               proposed rule change operative upon                     business days between the hours of                     (additions are italicized; deletions are
                                               filing.14                                               10:00 a.m. and 3:00 p.m. Copies of the                 [bracketed])
                                                  At any time within 60 days of the                    filing also will be available for                      *          *      *      *      *
                                               filing of the proposed rule change, the                 inspection and copying at the principal
                                               Commission summarily may                                                                                       Cboe C2 Exchange, Inc.
                                                                                                       office of the Exchange. All comments
                                               temporarily suspend such rule change if                 received will be posted without change.                Rules
                                               it appears to the Commission that such                  Persons submitting comments are                        *          *      *      *      *
                                               action is: (i) Necessary or appropriate in              cautioned that we do not redact or edit
                                               the public interest; (ii) for the protection                                                                   Rule 6.11. Opening Process
                                                                                                       personal identifying information from
                                               of investors; or (iii) otherwise in                     comment submissions. You should                           (a) Opening Process.
                                               furtherance of the purposes of the Act.                                                                           (1) No change.
                                                                                                       submit only information that you wish                     (2) Opening Price.
                                               If the Commission takes such action, the                to make available publicly. All                           (A) Equity Options. The System determines
                                               Commission shall institute proceedings                  submissions should refer to File                       a single price at which a particular equity
                                               to determine whether the proposed rule                  Number SR–NASDAQ–2018–037 and                          option series will be opened (the ‘‘Opening
                                               change should be approved or                            should be submitted on or before June                  Price’’) within 30 seconds of the First Listing
                                               disapproved.                                            8, 2018.                                               Market Transaction[ or 9:30 a.m., as
                                                                                                                                                              applicable]. If there are no contracts in a
                                               IV. Solicitation of Comments                              For the Commission, by the Division of               series that would execute at any price, the
                                                 Interested persons are invited to                     Trading and Markets, pursuant to delegated             System opens the series for trading without
                                                                                                       authority.15
                                               submit written data, views and                                                                                 determining an Opening Price. The Opening
                                               arguments concerning the foregoing,                     Eduardo A. Aleman,                                     Price, if valid pursuant to subparagraph (3),
                                               including whether the proposed rule                     Assistant Secretary.                                   of a series will be:
                                               change is consistent with the Act.                      [FR Doc. 2018–10604 Filed 5–17–18; 8:45 am]               ([A]i) If there is both an NBB and an NBO,
                                                                                                                                                              the midpoint of the NBBO (if the midpoint
                                               Comments may be submitted by any of                     BILLING CODE 8011–01–P
                                                                                                                                                              is a half increment, the System rounds down
                                               the following methods:                                                                                         to the nearest minimum increment) (the
                                               Electronic Comments                                                                                            ‘‘NBBO Midpoint’’);
                                                                                                       SECURITIES AND EXCHANGE                                   ([B]ii) if the NBBO Midpoint is not a valid
                                                 • Use the Commission’s internet                       COMMISSION                                             price, the last disseminated transaction price
                                               comment form (http://www.sec.gov/                                                                              in the series after 9:30 a.m. (the ‘‘Last Print’’);
                                               rules/sro.shtml); or                                    [Release No. 34–83225; File No. SR–C2–                 or
                                                 • Send an email to rule-comments@                     2018–009]                                                 ([C]iii) if the NBBO Midpoint and the Last
                                               sec.gov. Please include File Number SR–                                                                        Print are not valid prices, the last
                                               NASDAQ–2018–037 on the subject line.                    Self-Regulatory Organizations; Cboe                    disseminated transaction in the series from
                                                                                                       C2 Exchange, Inc.; Notice of Filing and                the previous trading day (the ‘‘Previous
                                               Paper Comments                                                                                                 Close’’).
                                                                                                       Immediate Effectiveness of a Proposed
                                                 • Send paper comments in triplicate                   Rule Change To Amend Rule 6.11.,
                                                                                                                                                                 If the NBBO Midpoint, Last Print, and
                                               to Secretary, Securities and Exchange                                                                          Previous Close are not valid, the Exchange in
                                                                                                       Regarding the Opening Process for
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                                                                                                                                                              its discretion may extend the Order Entry
                                               Commission, 100 F Street NE,                            Index Options                                          Period by up to 30 seconds or open the series
                                               Washington, DC 20549–1090.                                                                                     for trading.
                                                                                                       May 14, 2018.
                                                 14 For purposes only of waiving the 30-day              Pursuant to Section 19(b)(1) of the                      1 15 U.S.C. 78s(b)(1).
                                               operative delay, the Commission has also                Securities Exchange Act of 1934 (the                       2 17 CFR 240.19b–4.
                                               considered the proposed rule’s impact on
                                                                                                                                                                  3 15 U.S.C. 78s(b)(3)(A)(iii).
                                               efficiency, competition, and capital formation. See
                                               15 U.S.C. 78c(f).                                         15 17   CFR 200.30–3(a)(12).                             4 17 CFR 240.19b–4(f)(6).




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Document Created: 2018-05-18 02:16:04
Document Modified: 2018-05-18 02:16:04
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 23318 

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