83_FR_24052 83 FR 23952 - Self-Regulatory Organizations; Nasdaq GEMX, LLC; Notice of Filing of Amendment No. 1 and Order Granting Accelerated Approval of a Proposed Rule Change, as Modified by Amendment No. 1, To Introduce the ATR Protection for Orders That Are Routed to Away Markets

83 FR 23952 - Self-Regulatory Organizations; Nasdaq GEMX, LLC; Notice of Filing of Amendment No. 1 and Order Granting Accelerated Approval of a Proposed Rule Change, as Modified by Amendment No. 1, To Introduce the ATR Protection for Orders That Are Routed to Away Markets

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 100 (May 23, 2018)

Page Range23952-23954
FR Document2018-10979

Federal Register, Volume 83 Issue 100 (Wednesday, May 23, 2018)
[Federal Register Volume 83, Number 100 (Wednesday, May 23, 2018)]
[Notices]
[Pages 23952-23954]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-10979]


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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83279; File No. SR-GEMX-2018-09]


Self-Regulatory Organizations; Nasdaq GEMX, LLC; Notice of Filing 
of Amendment No. 1 and Order Granting Accelerated Approval of a 
Proposed Rule Change, as Modified by Amendment No. 1, To Introduce the 
ATR Protection for Orders That Are Routed to Away Markets

May 17, 2018.

I. Introduction

    On February 26, 2018, Nasdaq GEMX, LLC (``GEMX'' or ``Exchange'') 
filed with the Securities and Exchange Commission (``Commission''), 
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to 
amend Exchange Rule 714

[[Page 23953]]

regarding the Acceptable Trade Range (``ATR'') functionality for orders 
that are routed to away markets. The proposed rule change was published 
for comment in the Federal Register on March 14, 2018.\3\ On April 23, 
2018, the Exchange submitted Amendment No. 1 to the proposed rule 
change, which replaced and superseded the original filing in its 
entirety.\4\ On April 26, 2018, the Commission extended the time period 
within which to approve the proposed rule change, disapprove the 
proposed rule change, or institute proceedings to determine whether to 
disapprove the proposed rule change to June 22, 2018.\5\ The Commission 
received no comments on the proposed rule change. The Commission is 
publishing this notice to solicit comment on Amendment No. 1 to the 
proposed rule change from interested persons and is approving the 
proposed rule change, as modified by Amendment No. 1, on an accelerated 
basis.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 82847 (March 9, 
2018), 83 FR 11259 (``Notice'').
    \4\ See Letter to Brent J. Fields, Secretary, Commission, from 
Adrian Griffiths, Senior Associate General Counsel, Nasdaq, Inc., 
dated April 23, 2018 (``Amendment No. 1''). Amendment No. 1 revises 
the proposed rule change to: (i) Provide further discussion of the 
current application of the ATR to orders routed away; (ii) modify 
the proposed rule text regarding the recalculation of the ATR for 
orders routed away pursuant to Supplementary Material to Exchange 
Rule 1901, if the applicable National Best Bid (``NBB'') or the 
National Best Offer (``NBO'') price is improved at the time of 
routing; (iii) expand the discussion and justification for 
recalculating the ATR for such orders; and (iv) make other 
amendments to the proposed rule text to improve the 
understandability of the current ATR calculation. Amendment No. 1 
was also submitted as a comment to the proposed rule change. 
Amendment No. 1 is available at: https://www.sec.gov/comments/sr-gemx-2018-09/gemx201809-3490578-162256.pdf.
    \5\ See Securities Exchange Act Release No. 83118 (April 26, 
2018), 83 FR 19369 (May 2, 2018).
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II. Description of the Proposed Rule Change, as Modified by Amendment 
No. 1 \6\
---------------------------------------------------------------------------

    \6\ For a more detailed description of the proposal, see Notice, 
supra note 3; Amendment No. 1, supra note 4.
---------------------------------------------------------------------------

    The ATR is a functionality designed to prevent the Exchange's 
System\7\ from experiencing dramatic price swings by preventing the 
execution of orders beyond set thresholds.\8\ Pursuant to Exchange Rule 
714(b)(1), the System calculates an ATR to limit the range of prices at 
which an order or quote will be allowed to execute.\9\ Upon receipt of 
a new order or quote, the ATR is calculated by taking the reference 
price, plus or minus a value to be determined by the Exchange, where 
the reference price is the NBB for sell orders/quotes and the NBO for 
buy orders/quotes.\10\ Accordingly, the ATR is: The reference price--
(x) for sell orders/quotes; and the reference price + (x) for buy 
orders.\11\ If an order or quote reaches the outer limit of the ATR 
without being fully executed, then any unexecuted balance will be 
cancelled.\12\
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    \7\ The term ``System'' means the electronic system operated by 
the Exchange that receives and disseminates quotes, executes orders 
and reports transactions. See Exchange Rule 100(a)(55).
    \8\ See Amendment No. 1, supra note 4.
    \9\ See Exchange Rule 714(b)(1).
    \10\ See Notice, supra note 3, at 11259. For purposes of 
determining the value that will be added or subtracted from the 
reference price, there are three categories of options for the ATR: 
(1) Penny Pilot Options trading in one cent increments for options 
trading at less than $3.00 and increments of five cents for options 
trading at $3.00 or more, (2) Penny Pilot Options trading in one-
cent increments for all prices, and (3) Non-Penny Pilot Options. See 
id.
    \11\ See Exchange Rule 714(b)(1)(i).
    \12\ See Exchange Rule 714(b)(1)(ii). The ATR is not available 
for All-or-None Orders. See Notice, supra note 3, at 11259, n.3.
---------------------------------------------------------------------------

    The Exchange states that, currently, the System calculates a 
reference price for an incoming order or quote only when that order or 
quote rests or trades on the regular order book.\13\ Accordingly, 
orders that route to away exchanges do not always receive the ATR. 
Orders that first trade on the Exchange prior to being routed away 
receive the ATR, but orders that are routed away upon entry (or 
otherwise do not rest or trade on the regular order book) are not 
currently subject to the ATR.\14\
---------------------------------------------------------------------------

    \13\ See Notice, supra note 3, at 11259.
    \14\ See Amendment No. 1, supra note 4.
---------------------------------------------------------------------------

    The Exchange now proposes to amend the ATR to modify how it applies 
to orders that are routed by the Exchange. First, the Exchange proposes 
to apply the ATR to orders that are routed to away markets without 
first trading on the Exchange.\15\ This means that, unlike today, the 
System will calculate an ATR for orders even if the order does not rest 
or trade on the regular order book prior to being routed.\16\
---------------------------------------------------------------------------

    \15\ See Notice, supra note 3, at 11259.
    \16\ See Amendment No. 1, supra note 4.
---------------------------------------------------------------------------

    In addition, the Exchange proposes that, for orders routed to away 
markets pursuant to the Supplementary Material to Exchange Rule 
1901,\17\ if the applicable NBB or NBO price is improved at the time 
the order is routed, a new ATR would be calculated based on the 
reference price at that time.\18\ The Exchange notes that the NBB or 
NBO price for a security may change during the ``Flash'' auction 
process described in Supplementary Material .02 to Rule 1901, and the 
proposed rule change would provide additional protection if the 
reference price was improved at the time the order is routed.\19\ 
Similarly, the Exchange represents that other routable orders not 
subject to the ``Flash'' auction process must still be processed by the 
System prior to routing, and during this processing time the market may 
have moved.\20\ Under the proposed rule change, if the NBB or NBO price 
has not improved at the time an order is routed, the ATR that was 
applied to the order upon entry into the System would apply.\21\
---------------------------------------------------------------------------

    \17\ This could occur: (1) If an order is routed to an away 
market pursuant to Supplementary Material .02 to Rule 1901 (the 
``Flash'' auction) without first trading against any Exchange 
interest in the ``Flash'' auction; (2) if an order is a ``Sweep 
Order'' as defined in Rule 715(s) and processed pursuant to 
Supplementary Material .05 to Rule 1901 instead of the ``Flash'' 
auction; or (3) if a Non-Customer Order opts out of the ``Flash'' 
auction and is processed pursuant to Supplementary Material .04 to 
Rule 1901. See Amendment No. 1, supra note 4.
    Supplementary Material .02 to Rule 1901 provides that orders to 
be routed to away markets may be eligible for a ``Flash'' auction 
wherein Exchange members are allowed the opportunity to enter 
responses to trade with the order prior to routing. See Notice, 
supra note 3, at 11259.
    \18\ See Amendment No. 1, supra note 4; proposed Exchange Rule 
714(b)(1)(ii). In the Notice, the Exchange provides examples of how 
the ATR will be applied to orders routed to away markets. See 
Notice, supra note 3, at 11259-60.
    \19\ See Amendment No. 1, supra note 4.
    \20\ See Amendment No. 1, supra note 4.
    \21\ The Exchange states that the ATR is not again recalculated 
for orders after routing, so orders that are routed but not executed 
in full by an away market, and subsequently return to trade on the 
Exchange, would not receive a new ATR. See Amendment No. 1, supra 
note 4.
---------------------------------------------------------------------------

    The Exchange states that it intends to implement the ATR 
functionality described in the proposed rule change no later than 
October 31, 2018.\22\
---------------------------------------------------------------------------

    \22\ See Notice, supra note 3, at 11260. The Exchange further 
states that it will announce the implementation date of this 
functionality in an Options Trader Alert prior to the launch date. 
See id.
---------------------------------------------------------------------------

III. Discussion and Commission Findings

    After careful review, the Commission finds that the proposed rule 
change, as modified by Amendment No. 1, is consistent with the 
requirements of the Act and the rules and regulations thereunder 
applicable to a national securities exchange.\23\ In particular, the 
Commission finds that the proposed rule change, as modified by 
Amendment No. 1, is consistent with Section 6(b)(5) of the Act,\24\ 
which requires, among other things, that the rules of a national 
securities exchange be designed to prevent fraudulent and manipulative 
acts and practices, to promote just and

[[Page 23954]]

equitable principles of trade, to foster cooperation and coordination 
with persons engaged in facilitating transactions in securities, 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.
---------------------------------------------------------------------------

    \23\ In approving this proposed rule change, the Commission has 
considered the proposed rule's impact on efficiency, competition, 
and capital formation. See 15 U.S.C. 78c(f).
    \24\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Commission believes that the ATR is reasonably designed to 
prevent executions of orders and quotes at prices that are 
significantly worse than the NBBO at the time of an order's submission 
and may reduce the potential negative impacts of unanticipated 
volatility in individual options.\25\ The Commission notes that the 
proposed rule change extends the application of the ATR to orders that 
route away immediately upon entry, thus offering these orders the same 
protections that the ATR provides to orders that first trade on the 
Exchange before being routed. The Commission also believes that 
recalculating the ATR for orders routed to away markets pursuant to the 
Supplementary Material to Rule 1901, if the applicable NBB or NBO price 
is improved at the time the order is routed, should help provide such 
orders with a price protection that better reflects the NBB or NBO. The 
Commission further believes that the proposed rule change will provide 
transparency and enhance investors' understanding of the operation of 
the ATR. The Commission notes that the Exchange will continue to use 
the NBB or NBO as the reference price for the ATR. For these reasons, 
the Commission believes that the proposed rule change, as modified by 
Amendment No. 1, is consistent with the Act.
---------------------------------------------------------------------------

    \25\ See Securities Exchange Act Release No. 80011 (February 10, 
2017), 82 FR 10927, 10929-30 (February 16, 2017) (SR-ISEGemini-2016-
17) (Order approving, among other things, proposal to establish 
ATR).
---------------------------------------------------------------------------

IV. Solicitation of Comments on Amendment No. 1

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether Amendment No. 1 
to the proposed rule change is consistent with the Exchange Act. 
Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to rule-comments@sec.gov. Please include 
File Number SR-GEMX-2018-09 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-GEMX-2018-09. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's internet website (http://www.sec.gov/rules/sro.shtml). 
Copies of the submission, all subsequent amendments, all written 
statements with respect to the proposed rule change that are filed with 
the Commission, and all written communications relating to the proposed 
rule change between the Commission and any person, other than those 
that may be withheld from the public in accordance with the provisions 
of 5 U.S.C. 552, will be available for website viewing and printing in 
the Commission's Public Reference Room, 100 F Street NE, Washington, DC 
20549, on official business days between the hours of 10:00 a.m. and 
3:00 p.m. Copies of the filing also will be available for inspection 
and copying at the principal office of the Exchange. All comments 
received will be posted without change. Persons submitting comments are 
cautioned that we do not redact or edit personal identifying 
information from comment submissions. You should submit only 
information that you wish to make available publicly. All submissions 
should refer to File Number SR-GEMX-2018-09 and should be submitted on 
or before June 13, 2018.

V. Accelerated Approval of Proposed Rule Change, as Modified by 
Amendment No. 1

    The Commission finds good cause to approve the proposed rule 
change, as modified by Amendment No. 1, prior to the 30th day after the 
date of publication of notice of Amendment No. 1 in the Federal 
Register. As discussed above, Amendment No. 1 adds detail to the 
proposal and the proposed rule text regarding the operation of the ATR. 
Amendment No. 1 revises the proposed rule text to specify that for 
orders routed to away markets pursuant to the Supplementary Material to 
Rule 1901, if the applicable NBB or NBO price is improved at the time 
the order is routed, a new ATR will be calculated based on the 
reference price at that time. Amendment No. 1 also sets forth 
additional justification for the proposed rule change. The Commission 
believes that these revisions provide greater clarity with respect to 
the current and proposed application of the ATR for routed away orders. 
Accordingly, the Commission finds good cause, pursuant to Section 
19(b)(2) of the Exchange Act,\26\ to approve the proposed rule change, 
as modified by Amendment No. 1 on an accelerated basis.
---------------------------------------------------------------------------

    \26\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

VI. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the 
Exchange Act,\27\ that the proposed rule change (SR-GEMX-2018-09), as 
modified by Amendment No. 1 thereto, be, and it hereby is, approved on 
an accelerated basis.
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    \27\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\28\
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    \28\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-10979 Filed 5-22-18; 8:45 am]
 BILLING CODE 8011-01-P



                                               23952                           Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Notices

                                               functionality can continue to use it,                   III. Date of Effectiveness of the                         rules/sro.shtml). Copies of the
                                               members who would prefer to prevent                     Proposed Rule Change and Timing for                       submission, all subsequent
                                               self-trades across different market                     Commission Action                                         amendments, all written statements
                                               participant identifiers within the same                    Because the foregoing proposed rule                    with respect to the proposed rule
                                               Exchange account or at the member                       change does not: (i) Significantly affect                 change that are filed with the
                                               level will now be provided with                         the protection of investors or the public                 Commission, and all written
                                               functionality that lets them do this.                   interest; (ii) impose any significant                     communications relating to the
                                               Similar flexibility is offered on Phlx and              burden on competition; and (iii) become                   proposed rule change between the
                                               NOM, as well as BZX.10 The Exchange                     operative for 30 days from the date on                    Commission and any person, other than
                                               believes that flexibility to apply AIQ at               which it was filed, or such shorter time                  those that may be withheld from the
                                               the Exchange account or member firm                     as the Commission may designate, it has                   public in accordance with the
                                               level would be useful for the Exchange’s                become effective pursuant to Section                      provisions of 5 U.S.C. 552, will be
                                               members too. The Exchange believes                      19(b)(3)(A)(iii) of the Act 12 and                        available for website viewing and
                                               that the proposed rule change is                                                                                  printing in the Commission’s Public
                                                                                                       subparagraph (f)(6) of Rule 19b–4
                                               designed to promote just and equitable                                                                            Reference Room, 100 F Street NE,
                                                                                                       thereunder.13
                                               principles of trade and will remove                        At any time within 60 days of the                      Washington, DC 20549, on official
                                               impediments to and perfect the                          filing of the proposed rule change, the                   business days between the hours of
                                               mechanisms of a free and open market                    Commission summarily may                                  10:00 a.m. and 3:00 p.m. Copies of the
                                               as it will further enhance self-trade                   temporarily suspend such rule change if                   filing also will be available for
                                               protections provided to Market Makers                   it appears to the Commission that such                    inspection and copying at the principal
                                               similar to those protections provided on                action is: (i) Necessary or appropriate in                office of the Exchange. All comments
                                               other markets. This functionality does                                                                            received will be posted without change.
                                                                                                       the public interest; (ii) for the protection
                                               not relieve or otherwise modify the duty                                                                          Persons submitting comments are
                                                                                                       of investors; or (iii) otherwise in
                                               of best execution owed to orders                                                                                  cautioned that we do not redact or edit
                                                                                                       furtherance of the purposes of the Act.
                                               received from public customers.                                                                                   personal identifying information from
                                                                                                       If the Commission takes such action, the
                                                                                                                                                                 comment submissions. You should
                                               B. Self-Regulatory Organization’s                       Commission shall institute proceedings
                                                                                                                                                                 submit only information that you wish
                                               Statement on Burden on Competition                      to determine whether the proposed rule
                                                                                                                                                                 to make available publicly. All
                                                  In accordance with Section 6(b)(8) of                should be approved or disapproved.
                                                                                                                                                                 submissions should refer to File
                                               the Act,11 the Exchange does not believe                IV. Solicitation of Comments                              Number SR–ISE–2018–45 and should be
                                               that the proposed rule change will                                                                                submitted on or before June 13, 2018.
                                                                                                         Interested persons are invited to
                                               impose any burden on intermarket or
                                                                                                       submit written data, views, and                             For the Commission, by the Division of
                                               intramarket competition that is not                                                                               Trading and Markets, pursuant to delegated
                                                                                                       arguments concerning the foregoing,
                                               necessary or appropriate in furtherance                                                                           authority.14
                                                                                                       including whether the proposed rule
                                               of the purposes of the Act. The                                                                                   Eduardo A. Aleman,
                                                                                                       change is consistent with the Act.
                                               proposed rule change is designed to                                                                               Assistant Secretary.
                                                                                                       Comments may be submitted by any of
                                               enhance AIQ functionality provided to
                                                                                                       the following methods:                                    [FR Doc. 2018–10970 Filed 5–22–18; 8:45 am]
                                               Exchange Market Makers, and will
                                                                                                                                                                 BILLING CODE 8011–01–P
                                               benefit members that wish to protect                    Electronic Comments
                                               their quotes and orders against trading                   • Use the Commission’s internet
                                               with other quotes and orders within the                 comment form (http://www.sec.gov/                         SECURITIES AND EXCHANGE
                                               same Exchange account or member,                        rules/sro.shtml); or                                      COMMISSION
                                               rather than the more limited market                       • Send an email to rule-comments@
                                               participant identifier standard applied                 sec.gov. Please include File Number SR–                   [Release No. 34–83279; File No. SR–GEMX–
                                               today. The new functionality, which                                                                               2018–09]
                                                                                                       ISE–2018–45 on the subject line.
                                               provides similar flexibility to that
                                                                                                       Paper Comments                                            Self-Regulatory Organizations; Nasdaq
                                               offered on Phlx, NOM, and BZX, is also
                                                                                                                                                                 GEMX, LLC; Notice of Filing of
                                               completely voluntary, and members that                    • Send paper comments in triplicate
                                                                                                                                                                 Amendment No. 1 and Order Granting
                                               wish to use the current functionality can               to Secretary, Securities and Exchange
                                                                                                                                                                 Accelerated Approval of a Proposed
                                               also continue to do so. The Exchange                    Commission, 100 F Street NE,
                                                                                                                                                                 Rule Change, as Modified by
                                               does not believe that providing more                    Washington, DC 20549–1090.
                                                                                                                                                                 Amendment No. 1, To Introduce the
                                               flexibility to members will have any                    All submissions should refer to File                      ATR Protection for Orders That Are
                                               significant impact on competition. In                   Number SR–ISE–2018–45. This file                          Routed to Away Markets
                                               fact, the Exchange believes that the                    number should be included on the
                                               proposed rule change is evidence of the                 subject line if email is used. To help the                May 17, 2018.
                                               competitive environment in the options                  Commission process and review your
                                               industry where exchanges must                                                                                     I. Introduction
                                                                                                       comments more efficiently, please use
                                               continually improve their offerings to                  only one method. The Commission will                         On February 26, 2018, Nasdaq GEMX,
                                               maintain competitive standing.                          post all comments on the Commission’s                     LLC (‘‘GEMX’’ or ‘‘Exchange’’) filed
                                                                                                       internet website (http://www.sec.gov/                     with the Securities and Exchange
                                               C. Self-Regulatory Organization’s                                                                                 Commission (‘‘Commission’’), pursuant
                                               Statement on Comments on the                                                                                      to Section 19(b)(1) of the Securities
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                         12 15  U.S.C. 78s(b)(3)(A)(iii).
                                               Proposed Rule Change Received From                        13 17                                                   Exchange Act of 1934 (‘‘Act’’) 1 and Rule
                                                                                                                CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                               Members, Participants, or Others                        4(f)(6) requires a self-regulatory organization to give   19b–4 thereunder,2 a proposed rule
                                                 No written comments were either                       the Commission written notice of its intent to file       change to amend Exchange Rule 714
                                                                                                       the proposed rule change at least five business days
                                               solicited or received.                                  prior to the date of filing of the proposed rule
                                                                                                                                                                   14 17 CFR 200.30–3(a)(12).
                                                                                                       change, or such shorter time as designated by the
                                                 10 See supra notes 4 and 7.                                                                                       1 15 U.S.C. 78s(b)(1).
                                                                                                       Commission. The Exchange has satisfied this
                                                 11 15 U.S.C. 78f(b)(8).                               requirement.                                                2 17 CFR 240.19b–4.




                                          VerDate Sep<11>2014   17:33 May 22, 2018   Jkt 244001   PO 00000   Frm 00069   Fmt 4703   Sfmt 4703    E:\FR\FM\23MYN1.SGM       23MYN1


                                                                            Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Notices                                                          23953

                                               regarding the Acceptable Trade Range                    calculated by taking the reference price,                 applicable NBB or NBO price is
                                               (‘‘ATR’’) functionality for orders that are             plus or minus a value to be determined                    improved at the time the order is routed,
                                               routed to away markets. The proposed                    by the Exchange, where the reference                      a new ATR would be calculated based
                                               rule change was published for comment                   price is the NBB for sell orders/quotes                   on the reference price at that time.18 The
                                               in the Federal Register on March 14,                    and the NBO for buy orders/quotes.10                      Exchange notes that the NBB or NBO
                                               2018.3 On April 23, 2018, the Exchange                  Accordingly, the ATR is: The reference                    price for a security may change during
                                               submitted Amendment No. 1 to the                        price—(x) for sell orders/quotes; and the                 the ‘‘Flash’’ auction process described
                                               proposed rule change, which replaced                    reference price + (x) for buy orders.11 If                in Supplementary Material .02 to Rule
                                               and superseded the original filing in its               an order or quote reaches the outer limit                 1901, and the proposed rule change
                                               entirety.4 On April 26, 2018, the                       of the ATR without being fully                            would provide additional protection if
                                               Commission extended the time period                     executed, then any unexecuted balance                     the reference price was improved at the
                                               within which to approve the proposed                    will be cancelled.12                                      time the order is routed.19 Similarly, the
                                               rule change, disapprove the proposed                      The Exchange states that, currently,                    Exchange represents that other routable
                                               rule change, or institute proceedings to                the System calculates a reference price                   orders not subject to the ‘‘Flash’’ auction
                                               determine whether to disapprove the                     for an incoming order or quote only                       process must still be processed by the
                                               proposed rule change to June 22, 2018.5                 when that order or quote rests or trades                  System prior to routing, and during this
                                               The Commission received no comments                     on the regular order book.13                              processing time the market may have
                                               on the proposed rule change. The                        Accordingly, orders that route to away                    moved.20 Under the proposed rule
                                               Commission is publishing this notice to                 exchanges do not always receive the                       change, if the NBB or NBO price has not
                                               solicit comment on Amendment No. 1                      ATR. Orders that first trade on the                       improved at the time an order is routed,
                                               to the proposed rule change from                        Exchange prior to being routed away                       the ATR that was applied to the order
                                               interested persons and is approving the                 receive the ATR, but orders that are                      upon entry into the System would
                                               proposed rule change, as modified by                    routed away upon entry (or otherwise                      apply.21
                                               Amendment No. 1, on an accelerated                      do not rest or trade on the regular order                   The Exchange states that it intends to
                                               basis.                                                  book) are not currently subject to the                    implement the ATR functionality
                                               II. Description of the Proposed Rule                    ATR.14                                                    described in the proposed rule change
                                               Change, as Modified by Amendment                          The Exchange now proposes to amend                      no later than October 31, 2018.22
                                               No. 1 6                                                 the ATR to modify how it applies to
                                                                                                       orders that are routed by the Exchange.                   III. Discussion and Commission
                                                  The ATR is a functionality designed                  First, the Exchange proposes to apply                     Findings
                                               to prevent the Exchange’s System7 from                  the ATR to orders that are routed to                         After careful review, the Commission
                                               experiencing dramatic price swings by                   away markets without first trading on                     finds that the proposed rule change, as
                                               preventing the execution of orders                      the Exchange.15 This means that, unlike                   modified by Amendment No. 1, is
                                               beyond set thresholds.8 Pursuant to                     today, the System will calculate an ATR                   consistent with the requirements of the
                                               Exchange Rule 714(b)(1), the System                     for orders even if the order does not rest                Act and the rules and regulations
                                               calculates an ATR to limit the range of                 or trade on the regular order book prior                  thereunder applicable to a national
                                               prices at which an order or quote will                  to being routed.16                                        securities exchange.23 In particular, the
                                               be allowed to execute.9 Upon receipt of                   In addition, the Exchange proposes                      Commission finds that the proposed
                                               a new order or quote, the ATR is                        that, for orders routed to away markets                   rule change, as modified by Amendment
                                                                                                       pursuant to the Supplementary Material                    No. 1, is consistent with Section 6(b)(5)
                                                  3 See Securities Exchange Act Release No. 82847
                                                                                                       to Exchange Rule 1901,17 if the                           of the Act,24 which requires, among
                                               (March 9, 2018), 83 FR 11259 (‘‘Notice’’).
                                                  4 See Letter to Brent J. Fields, Secretary,                                                                    other things, that the rules of a national
                                                                                                          10 See Notice, supra note 3, at 11259. For
                                               Commission, from Adrian Griffiths, Senior                                                                         securities exchange be designed to
                                                                                                       purposes of determining the value that will be
                                               Associate General Counsel, Nasdaq, Inc., dated
                                                                                                       added or subtracted from the reference price, there
                                                                                                                                                                 prevent fraudulent and manipulative
                                               April 23, 2018 (‘‘Amendment No. 1’’). Amendment                                                                   acts and practices, to promote just and
                                               No. 1 revises the proposed rule change to: (i)          are three categories of options for the ATR: (1)
                                               Provide further discussion of the current               Penny Pilot Options trading in one cent increments
                                               application of the ATR to orders routed away; (ii)      for options trading at less than $3.00 and                may be eligible for a ‘‘Flash’’ auction wherein
                                               modify the proposed rule text regarding the             increments of five cents for options trading at $3.00     Exchange members are allowed the opportunity to
                                               recalculation of the ATR for orders routed away         or more, (2) Penny Pilot Options trading in one-cent      enter responses to trade with the order prior to
                                               pursuant to Supplementary Material to Exchange          increments for all prices, and (3) Non-Penny Pilot        routing. See Notice, supra note 3, at 11259.
                                               Rule 1901, if the applicable National Best Bid          Options. See id.                                            18 See Amendment No. 1, supra note 4; proposed
                                                                                                          11 See Exchange Rule 714(b)(1)(i).
                                               (‘‘NBB’’) or the National Best Offer (‘‘NBO’’) price                                                              Exchange Rule 714(b)(1)(ii). In the Notice, the
                                                                                                          12 See Exchange Rule 714(b)(1)(ii). The ATR is not     Exchange provides examples of how the ATR will
                                               is improved at the time of routing; (iii) expand the
                                               discussion and justification for recalculating the      available for All-or-None Orders. See Notice, supra       be applied to orders routed to away markets. See
                                               ATR for such orders; and (iv) make other                note 3, at 11259, n.3.                                    Notice, supra note 3, at 11259–60.
                                               amendments to the proposed rule text to improve            13 See Notice, supra note 3, at 11259.                   19 See Amendment No. 1, supra note 4.

                                               the understandability of the current ATR                   14 See Amendment No. 1, supra note 4.                    20 See Amendment No. 1, supra note 4.
                                               calculation. Amendment No. 1 was also submitted            15 See Notice, supra note 3, at 11259.                   21 The Exchange states that the ATR is not again
                                               as a comment to the proposed rule change.                  16 See Amendment No. 1, supra note 4.                  recalculated for orders after routing, so orders that
                                               Amendment No. 1 is available at: https://                  17 This could occur: (1) If an order is routed to      are routed but not executed in full by an away
                                               www.sec.gov/comments/sr-gemx-2018-09/                                                                             market, and subsequently return to trade on the
                                                                                                       an away market pursuant to Supplementary
                                               gemx201809-3490578-162256.pdf.                                                                                    Exchange, would not receive a new ATR. See
                                                  5 See Securities Exchange Act Release No. 83118
                                                                                                       Material .02 to Rule 1901 (the ‘‘Flash’’ auction)
                                                                                                       without first trading against any Exchange interest       Amendment No. 1, supra note 4.
                                               (April 26, 2018), 83 FR 19369 (May 2, 2018).            in the ‘‘Flash’’ auction; (2) if an order is a ‘‘Sweep      22 See Notice, supra note 3, at 11260. The
                                                  6 For a more detailed description of the proposal,
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                                                                                                       Order’’ as defined in Rule 715(s) and processed           Exchange further states that it will announce the
                                               see Notice, supra note 3; Amendment No. 1, supra        pursuant to Supplementary Material .05 to Rule            implementation date of this functionality in an
                                               note 4.                                                 1901 instead of the ‘‘Flash’’ auction; or (3) if a Non-   Options Trader Alert prior to the launch date. See
                                                  7 The term ‘‘System’’ means the electronic system                                                              id.
                                                                                                       Customer Order opts out of the ‘‘Flash’’ auction and
                                               operated by the Exchange that receives and              is processed pursuant to Supplementary Material             23 In approving this proposed rule change, the
                                               disseminates quotes, executes orders and reports        .04 to Rule 1901. See Amendment No. 1, supra note         Commission has considered the proposed rule’s
                                               transactions. See Exchange Rule 100(a)(55).             4.                                                        impact on efficiency, competition, and capital
                                                  8 See Amendment No. 1, supra note 4.                                                                           formation. See 15 U.S.C. 78c(f).
                                                                                                          Supplementary Material .02 to Rule 1901
                                                  9 See Exchange Rule 714(b)(1).                       provides that orders to be routed to away markets           24 15 U.S.C. 78f(b)(5).




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                                               23954                       Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Notices

                                               equitable principles of trade, to foster                Paper Comments                                        additional justification for the proposed
                                               cooperation and coordination with                          • Send paper comments in triplicate                rule change. The Commission believes
                                               persons engaged in facilitating                         to Secretary, Securities and Exchange                 that these revisions provide greater
                                               transactions in securities, to remove                   Commission, 100 F Street NE,                          clarity with respect to the current and
                                               impediments to and perfect the                          Washington, DC 20549–1090.                            proposed application of the ATR for
                                               mechanism of a free and open market                     All submissions should refer to File                  routed away orders. Accordingly, the
                                               and a national market system, and, in                   Number SR–GEMX–2018–09. This file                     Commission finds good cause, pursuant
                                               general, to protect investors and the                   number should be included on the                      to Section 19(b)(2) of the Exchange
                                               public interest.                                        subject line if email is used. To help the            Act,26 to approve the proposed rule
                                                  The Commission believes that the                     Commission process and review your                    change, as modified by Amendment No.
                                               ATR is reasonably designed to prevent                   comments more efficiently, please use                 1 on an accelerated basis.
                                               executions of orders and quotes at                      only one method. The Commission will
                                               prices that are significantly worse than                                                                      VI. Conclusion
                                                                                                       post all comments on the Commission’s
                                               the NBBO at the time of an order’s                      internet website (http://www.sec.gov/                   It is therefore ordered, pursuant to
                                               submission and may reduce the                           rules/sro.shtml). Copies of the                       Section 19(b)(2) of the Exchange Act,27
                                               potential negative impacts of                           submission, all subsequent                            that the proposed rule change (SR–
                                               unanticipated volatility in individual                  amendments, all written statements                    GEMX–2018–09), as modified by
                                               options.25 The Commission notes that                    with respect to the proposed rule                     Amendment No. 1 thereto, be, and it
                                               the proposed rule change extends the                    change that are filed with the                        hereby is, approved on an accelerated
                                               application of the ATR to orders that                   Commission, and all written                           basis.
                                               route away immediately upon entry,                      communications relating to the
                                               thus offering these orders the same                                                                             For the Commission, by the Division of
                                                                                                       proposed rule change between the                      Trading and Markets, pursuant to delegated
                                               protections that the ATR provides to                    Commission and any person, other than
                                               orders that first trade on the Exchange                                                                       authority.28
                                                                                                       those that may be withheld from the
                                               before being routed. The Commission                     public in accordance with the                         Eduardo A. Aleman,
                                               also believes that recalculating the ATR                provisions of 5 U.S.C. 552, will be                   Assistant Secretary.
                                               for orders routed to away markets                       available for website viewing and                     [FR Doc. 2018–10979 Filed 5–22–18; 8:45 am]
                                               pursuant to the Supplementary Material                  printing in the Commission’s Public                   BILLING CODE 8011–01–P
                                               to Rule 1901, if the applicable NBB or                  Reference Room, 100 F Street NE,
                                               NBO price is improved at the time the                   Washington, DC 20549, on official
                                               order is routed, should help provide                    business days between the hours of                    SECURITIES AND EXCHANGE
                                               such orders with a price protection that                10:00 a.m. and 3:00 p.m. Copies of the                COMMISSION
                                               better reflects the NBB or NBO. The                     filing also will be available for
                                               Commission further believes that the                    inspection and copying at the principal               [Release No. 34–83275; File No. SR–IEX–
                                               proposed rule change will provide                       office of the Exchange. All comments                  2018–10]
                                               transparency and enhance investors’                     received will be posted without change.
                                               understanding of the operation of the                   Persons submitting comments are                       Self-Regulatory Organizations:
                                               ATR. The Commission notes that the                      cautioned that we do not redact or edit               Investors Exchange LLC; Notice of
                                               Exchange will continue to use the NBB                   personal identifying information from                 Filing and Immediate Effectiveness of
                                               or NBO as the reference price for the                   comment submissions. You should                       a Proposed Rule Change To Amend
                                               ATR. For these reasons, the Commission                  submit only information that you wish                 Rule 11.410(a) To Update the Market
                                               believes that the proposed rule change,                 to make available publicly. All                       Data Source That the Exchange Will
                                               as modified by Amendment No. 1, is                      submissions should refer to File                      Use To Determine the Top of Book
                                               consistent with the Act.                                Number SR–GEMX–2018–09 and                            Quotation for NYSE National in
                                               IV. Solicitation of Comments on                         should be submitted on or before June                 Anticipation of Its Planned Re-Launch
                                               Amendment No. 1                                         13, 2018.
                                                                                                                                                             May 17, 2018.
                                                 Interested persons are invited to                     V. Accelerated Approval of Proposed
                                               submit written data, views, and                         Rule Change, as Modified by                              Pursuant to Section 19(b)(1) 1 of the
                                               arguments concerning the foregoing,                     Amendment No. 1                                       Securities Exchange Act of 1934 (the
                                               including whether Amendment No. 1 to                                                                          ‘‘Act’’) 2 and Rule 19b–4 thereunder,3
                                                                                                          The Commission finds good cause to                 notice is hereby given that, on May 10,
                                               the proposed rule change is consistent                  approve the proposed rule change, as
                                               with the Exchange Act. Comments may                                                                           2018, the Investors Exchange LLC
                                                                                                       modified by Amendment No. 1, prior to                 (‘‘IEX’’ or the ‘‘Exchange’’) filed with the
                                               be submitted by any of the following                    the 30th day after the date of
                                               methods:                                                                                                      Securities and Exchange Commission
                                                                                                       publication of notice of Amendment No.                (the ‘‘Commission’’) the proposed rule
                                               Electronic Comments                                     1 in the Federal Register. As discussed               change as described in Items I and II
                                                                                                       above, Amendment No. 1 adds detail to                 below, which Items have been prepared
                                                 • Use the Commission’s internet                       the proposal and the proposed rule text
                                               comment form (http://www.sec.gov/                                                                             by the self-regulatory organization. The
                                                                                                       regarding the operation of the ATR.                   Commission is publishing this notice to
                                               rules/sro.shtml); or                                    Amendment No. 1 revises the proposed
                                                 • Send an email to rule-comments@                                                                           solicit comments on the proposed rule
                                                                                                       rule text to specify that for orders routed           change from interested persons.
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                                               sec.gov. Please include File Number SR–                 to away markets pursuant to the
                                               GEMX–2018–09 on the subject line.                       Supplementary Material to Rule 1901, if                 26 15 U.S.C. 78s(b)(2).
                                                                                                       the applicable NBB or NBO price is                      27 15 U.S.C. 78s(b)(2).
                                                 25 See Securities Exchange Act Release No. 80011      improved at the time the order is routed,               28 17 CFR 200.30–3(a)(12).
                                               (February 10, 2017), 82 FR 10927, 10929–30
                                               (February 16, 2017) (SR–ISEGemini–2016–17)
                                                                                                       a new ATR will be calculated based on                   1 15 U.S.C. 78s(b)(1).

                                               (Order approving, among other things, proposal to       the reference price at that time.                       2 15 U.S.C. 78a.

                                               establish ATR).                                         Amendment No. 1 also sets forth                         3 17 CFR 240.19b–4.




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Document Created: 2018-05-22 23:48:47
Document Modified: 2018-05-22 23:48:47
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 23952 

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