83_FR_24054 83 FR 23954 - Self-Regulatory Organizations: Investors Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Rule 11.410(a) To Update the Market Data Source That the Exchange Will Use To Determine the Top of Book Quotation for NYSE National in Anticipation of Its Planned Re-Launch

83 FR 23954 - Self-Regulatory Organizations: Investors Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Rule 11.410(a) To Update the Market Data Source That the Exchange Will Use To Determine the Top of Book Quotation for NYSE National in Anticipation of Its Planned Re-Launch

SECURITIES AND EXCHANGE COMMISSION

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

Page Range23954-23956
FR Document2018-10976

Federal Register, Volume 83 Issue 100 (Wednesday, May 23, 2018)
[Federal Register Volume 83, Number 100 (Wednesday, May 23, 2018)]
[Notices]
[Pages 23954-23956]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-10976]


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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83275; File No. SR-IEX-2018-10]


Self-Regulatory Organizations: Investors Exchange LLC; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend 
Rule 11.410(a) To Update the Market Data Source That the Exchange Will 
Use To Determine the Top of Book Quotation for NYSE National in 
Anticipation of Its Planned Re-Launch

May 17, 2018.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of 
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby 
given that, on May 10, 2018, the Investors Exchange LLC (``IEX'' or the 
``Exchange'') filed with the Securities and Exchange Commission (the 
``Commission'') the proposed rule change as described in Items I and II 
below, which Items have been prepared by the self-regulatory 
organization. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.

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

[[Page 23955]]

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

    Pursuant to the provisions of Section 19(b)(1) under the Securities 
Exchange Act of 1934 (``Act''),\4\ and Rule 19b-4 thereunder,\5\ IEX is 
filing with the Commission a proposed rule change to amend the table in 
Rule 11.410(a) to update the market data source that the Exchange will 
use to determine the Top of Book \6\ quotation for NYSE National, Inc. 
(``XCIS'') in anticipation of its planned re-launch. The Exchange has 
designated this rule change as ``non-controversial'' under Section 
19(b)(3)(A) of the Act \7\ and provided the Commission with the notice 
required by Rule 19b-4(f)(6) thereunder.\8\ The text of the proposed 
rule change is available at the Exchange's website at 
www.iextrading.com, at the principal office of the Exchange, and at the 
Commission's Public Reference Room.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78s(b)(1).
    \5\ 17 CRF 240.19b-4.
    \6\ See IEX Rule 11.410(a)(1).
    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

II. Self-Regulatory Organization's Statement of the Purpose of, and the 
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization 
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 self-regulatory organization 
has prepared summaries, set forth in Sections A, B, and C below, of the 
most significant aspects of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and the 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend the table in Rule 11.410(a) to 
update the market data source that the Exchange will use to determine 
the Top of Book quotation for XCIS in anticipation of its planned re-
launch.\9\ As specified in Rule 11.410(a)(2), the Exchange uses data 
from each away trading center that produces a Protected Quotation \10\ 
to determine its Top of Book quotation, as well as the NBBO \11\ for 
certain reporting, regulatory and compliance systems within IEX.
---------------------------------------------------------------------------

    \9\ See NYSE Group Trader Update published on March 8, 2018 
available at: https://www.nyse.com/publicdocs/nyse/markets/nyse/National_BC.pdf.
    \10\ See IEX Rule 1.160(bb).
    \11\ See IEX Rule 1.160(u).
---------------------------------------------------------------------------

    Specifically, the Exchange proposes to amend and update the table 
specifying the primary and secondary sources for NYSE National 
(``XCIS'') in anticipation of the planned re-launch of XCIS on May 21, 
2018.\12\ As proposed, the Exchange will use securities information 
processor (``SIP'') data, i.e., CQS SIP data for securities reported 
under the Consolidated Quotation Services and Consolidated Tape 
Association plans and UTDF SIP data for securities reported under the 
Nasdaq Unlisted Trading Privileges national market system plan, to 
determine XCIS Top of Book quotes. No secondary source is proposed to 
be specified as SIP data will be used exclusively. While the Exchange 
uses proprietary market data feeds to determine the Protected 
Quotations of other away markets, as specified in Rule 11.410, it has 
determined to utilize the SIP quote feeds for XCIS for several reasons. 
First, XCIS quotations will not be included in the market data feeds 
that IEX currently subscribes to and consumes for NYSE Group 
exchanges.\13\ Although XCIS is not proposing charges for its 
proprietary market data, the Exchange notes that making the necessary 
technical changes to consume XCIS proprietary market data in time for 
XCIS' planned May 21, 2018 re-launch would divert technical resources 
from other higher priority initiatives. Second, the Exchange believes 
that XCIS will likely have relatively low market share,\14\ and 
accordingly does not believe that subscribing to an additional 
proprietary market data feed at this time is necessary in order to 
determine XCIS Top of Book quotes and enable the Exchange to comply 
with applicable requirements of Regulation NMS with respect to its Top 
of Book quotes. The Exchange also notes that other exchanges also use 
SIP market data feeds to determine Top of Book quotes for some away 
markets, including XCIS, pursuant to effective rule filings.\15\
---------------------------------------------------------------------------

    \12\ See supra note 9.
    \13\ See supra note 12. NYSE Group is the immediate parent 
company of XCIS and its national securities exchange affiliates. See 
Securities Exchange Act Release No. 82635 (February 6, 2018), 83 FR 
6057 (February 12, 2018) (File No. SR-NYSENAT-2018-03).
    \14\ XCIS had overall market share of 0.02% for the week of 
January 30, 2017, immediately prior to ceasing operations.
    \15\ See, e.g., Nasdaq Stock Market Rule 4759(a).
---------------------------------------------------------------------------

    The Exchange is also proposing a conforming change to Rule 
11.410(a)(2) to reflect that, as proposed, the Exchange will not use 
proprietary market data feeds as the primary source from which it will 
determine Top of Book quotations for XCIS.
    The Exchange is not proposing any other changes to Rule 11.410 with 
respect to its use of market data feeds and calculations of necessary 
price reference points. The proposed change merely specifies the market 
data feeds that the Exchange will use to determine XCIS Top of Book 
quotes, and does not alter the manner in which orders are handled or 
routed by the Exchange.
2. Statutory Basis
    IEX believes that the proposed rule change is consistent with the 
provisions of Section 6(b) \16\ of the Act in general, and furthers the 
objectives of Section 6(b)(5) of the Act \17\ in particular, in that it 
is designed to prevent fraudulent and manipulative acts and practices, 
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.
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78f.
    \17\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change removes 
impediments to and perfects the mechanism of a free and open market and 
protects investors and the public interest because it provides 
transparency with respect to the sources of market data that it will 
use to determine XCIS Top of Book quotes. For the reasons discussed in 
the Purpose section, the Exchange believes that use of SIP market data 
will enable it to determine XCIS Top of Book quotes and comply with 
applicable requirements of Regulation NMS. In addition, and as further 
noted in the Purpose section, other exchanges use SIP market data to 
determine Top of Book quotes for some away markets, including XCIS, so 
the proposed change does not raise any new or novel issues not already 
considered by the Commission.
    The Exchange also believes it is consistent with the Act to make a 
conforming change to Rule 11.410(a)(2) so that provision is consistent 
with the table in Rule 11.410(a).

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

    IEX does not believe that the proposed rule change will result in 
any burden on competition that is not necessary or appropriate in 
furtherance of the purposes of the Act. The Exchange believes that the 
proposed update does not impact competition in any respect since its 
purpose is to enhance transparency and with respect

[[Page 23956]]

to the operation of the Exchange and its use of market data feeds.

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

    Written comments were neither solicited nor received.

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

    Because the proposed rule change does not (i) significantly affect 
the protection of investors or the public interest; (ii) impose any 
significant burden on competition; and (iii) become operative for 30 
days from the date on which it was filed, or such shorter time as the 
Commission may designate, it has become effective pursuant to Section 
19(b)(3)(A) of the Act \18\ and Rule 19b-4(f)(6) thereunder.\19\
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78s(b)(3)(A).
    \19\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written 
notice of its intent to file the proposed rule change, along with a 
brief description and the text of the proposed rule change, at least 
five business days prior to the date of filing of the proposed rule 
change, or such shorter time as designated by the Commission.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the 
Act \20\ normally does not become operative for 30 days after the date 
of its filing. However, Rule 19b-4(f)(6)(iii) \21\ permits the 
Commission to designate a shorter time if such action is consistent 
with the protection of investors and the public interest. The Exchange 
has asked the Commission to waive the 30-day operative delay so that 
the proposal may become operative immediately upon filing, thus 
allowing IEX's proposed rule change to reflect in its rules, prior to 
the planned re-launch of XCIS, the source of market data that the 
Exchange will utilize for determining XCIS Top of Book quotes. The 
Commission does not believe that any new or novel issues are raised by 
the proposal. For these reasons, the Commission believes the waiver of 
the operative delay is consistent with the protection of investors and 
the public interest. Therefore, the Commission hereby waives the 
operative delay and designates the proposal operative upon filing.\22\
---------------------------------------------------------------------------

    \20\ 17 CFR 240.19b-4(f)(6).
    \21\ 17 CFR 240.19b-4(f)(6)(iii).
    \22\ For purposes only of waiving the 30-day operative delay, 
the Commission has also considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission shall institute proceedings to 
determine whether the proposed rule 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 rule-comments@sec.gov. Please include 
File Number SR-IEX-2018-10 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-IEX-2018-10. This file 
number should be included in 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 Section, 100 F Street NE, Washington, 
DC 20549-1090. Copies of the filing will also be available for 
inspection and copying at the IEX's principal office and on its 
internet website at www.iextrading.com. 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-IEX-
2018-10 and should be submitted on or before June 13, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\23\
---------------------------------------------------------------------------

    \23\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-10976 Filed 5-22-18; 8:45 am]
 BILLING CODE 8011-01-P



                                               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.
daltland on DSKBBV9HB2PROD with NOTICES




                                               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.




                                          VerDate Sep<11>2014   17:33 May 22, 2018   Jkt 244001   PO 00000   Frm 00071   Fmt 4703   Sfmt 4703   E:\FR\FM\23MYN1.SGM    23MYN1


                                                                           Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Notices                                               23955

                                               I. Self-Regulatory Organization’s                       reporting, regulatory and compliance                  from which it will determine Top of
                                               Statement of the Terms of Substance of                  systems within IEX.                                   Book quotations for XCIS.
                                               the Proposed Rule Change                                  Specifically, the Exchange proposes to                 The Exchange is not proposing any
                                                  Pursuant to the provisions of Section                amend and update the table specifying                 other changes to Rule 11.410 with
                                               19(b)(1) under the Securities Exchange                  the primary and secondary sources for                 respect to its use of market data feeds
                                               Act of 1934 (‘‘Act’’),4 and Rule 19b–4                  NYSE National (‘‘XCIS’’) in anticipation              and calculations of necessary price
                                               thereunder,5 IEX is filing with the                     of the planned re-launch of XCIS on                   reference points. The proposed change
                                               Commission a proposed rule change to                    May 21, 2018.12 As proposed, the                      merely specifies the market data feeds
                                               amend the table in Rule 11.410(a) to                    Exchange will use securities                          that the Exchange will use to determine
                                               update the market data source that the                  information processor (‘‘SIP’’) data, i.e.,           XCIS Top of Book quotes, and does not
                                               Exchange will use to determine the Top                  CQS SIP data for securities reported                  alter the manner in which orders are
                                               of Book 6 quotation for NYSE National,                  under the Consolidated Quotation                      handled or routed by the Exchange.
                                               Inc. (‘‘XCIS’’) in anticipation of its                  Services and Consolidated Tape                        2. Statutory Basis
                                               planned re-launch. The Exchange has                     Association plans and UTDF SIP data
                                                                                                       for securities reported under the Nasdaq                 IEX believes that the proposed rule
                                               designated this rule change as ‘‘non-                                                                         change is consistent with the provisions
                                               controversial’’ under Section 19(b)(3)(A)               Unlisted Trading Privileges national
                                                                                                       market system plan, to determine XCIS                 of Section 6(b) 16 of the Act in general,
                                               of the Act 7 and provided the                                                                                 and furthers the objectives of Section
                                               Commission with the notice required by                  Top of Book quotes. No secondary
                                                                                                       source is proposed to be specified as SIP             6(b)(5) of the Act 17 in particular, in that
                                               Rule 19b–4(f)(6) thereunder.8 The text of                                                                     it is designed to prevent fraudulent and
                                               the proposed rule change is available at                data will be used exclusively. While the
                                                                                                       Exchange uses proprietary market data                 manipulative acts and practices, to
                                               the Exchange’s website at                                                                                     promote just and equitable principles of
                                               www.iextrading.com, at the principal                    feeds to determine the Protected
                                                                                                       Quotations of other away markets, as                  trade, to remove impediments to and
                                               office of the Exchange, and at the                                                                            perfect the mechanism of a free and
                                               Commission’s Public Reference Room.                     specified in Rule 11.410, it has
                                                                                                       determined to utilize the SIP quote                   open market and a national market
                                               II. Self-Regulatory Organization’s                      feeds for XCIS for several reasons. First,            system, and, in general, to protect
                                               Statement of the Purpose of, and the                    XCIS quotations will not be included in               investors and the public interest.
                                               Statutory Basis for, the Proposed Rule                  the market data feeds that IEX currently                 The Exchange believes that the
                                               Change                                                  subscribes to and consumes for NYSE                   proposed rule change removes
                                                  In its filing with the Commission, the               Group exchanges.13 Although XCIS is                   impediments to and perfects the
                                               self-regulatory organization included                   not proposing charges for its proprietary             mechanism of a free and open market
                                               statements concerning the purpose of                    market data, the Exchange notes that                  and protects investors and the public
                                               and basis for the proposed rule change                  making the necessary technical changes                interest because it provides
                                               and discussed any comments it received                  to consume XCIS proprietary market                    transparency with respect to the sources
                                               on the proposed rule change. The text                   data in time for XCIS’ planned May 21,                of market data that it will use to
                                               of these statements may be examined at                  2018 re-launch would divert technical                 determine XCIS Top of Book quotes. For
                                               the places specified in Item IV below.                  resources from other higher priority                  the reasons discussed in the Purpose
                                               The self-regulatory organization has                    initiatives. Second, the Exchange                     section, the Exchange believes that use
                                               prepared summaries, set forth in                        believes that XCIS will likely have                   of SIP market data will enable it to
                                               Sections A, B, and C below, of the most                 relatively low market share,14 and                    determine XCIS Top of Book quotes and
                                               significant aspects of such statements.                 accordingly does not believe that                     comply with applicable requirements of
                                                                                                       subscribing to an additional proprietary              Regulation NMS. In addition, and as
                                               A. Self-Regulatory Organization’s                                                                             further noted in the Purpose section,
                                                                                                       market data feed at this time is
                                               Statement of the Purpose of, and the                                                                          other exchanges use SIP market data to
                                                                                                       necessary in order to determine XCIS
                                               Statutory Basis for, the Proposed Rule                                                                        determine Top of Book quotes for some
                                                                                                       Top of Book quotes and enable the
                                               Change                                                                                                        away markets, including XCIS, so the
                                                                                                       Exchange to comply with applicable
                                               1. Purpose                                              requirements of Regulation NMS with                   proposed change does not raise any new
                                                                                                       respect to its Top of Book quotes. The                or novel issues not already considered
                                                  The Exchange proposes to amend the                                                                         by the Commission.
                                               table in Rule 11.410(a) to update the                   Exchange also notes that other
                                                                                                                                                                The Exchange also believes it is
                                               market data source that the Exchange                    exchanges also use SIP market data
                                                                                                                                                             consistent with the Act to make a
                                               will use to determine the Top of Book                   feeds to determine Top of Book quotes
                                                                                                                                                             conforming change to Rule 11.410(a)(2)
                                               quotation for XCIS in anticipation of its               for some away markets, including XCIS,
                                                                                                                                                             so that provision is consistent with the
                                               planned re-launch.9 As specified in                     pursuant to effective rule filings.15
                                                                                                                                                             table in Rule 11.410(a).
                                               Rule 11.410(a)(2), the Exchange uses                      The Exchange is also proposing a
                                               data from each away trading center that                 conforming change to Rule 11.410(a)(2)                B. Self-Regulatory Organization’s
                                               produces a Protected Quotation 10 to                    to reflect that, as proposed, the                     Statement on Burden on Competition
                                               determine its Top of Book quotation, as                 Exchange will not use proprietary                       IEX does not believe that the
                                               well as the NBBO 11 for certain                         market data feeds as the primary source               proposed rule change will result in any
                                                                                                         12 See
                                                                                                                                                             burden on competition that is not
                                                                                                                supra note 9.
                                                 4 15 U.S.C. 78s(b)(1).                                  13 See supra note 12. NYSE Group is the
                                                                                                                                                             necessary or appropriate in furtherance
                                                 5 17 CRF 240.19b–4.                                                                                         of the purposes of the Act. The
daltland on DSKBBV9HB2PROD with NOTICES




                                                 6 See IEX Rule 11.410(a)(1).
                                                                                                       immediate parent company of XCIS and its national
                                                                                                       securities exchange affiliates. See Securities        Exchange believes that the proposed
                                                 7 15 U.S.C. 78s(b)(3)(A).
                                                                                                       Exchange Act Release No. 82635 (February 6, 2018),    update does not impact competition in
                                                 8 17 CFR 240.19b–4.
                                                                                                       83 FR 6057 (February 12, 2018) (File No. SR–
                                                 9 See NYSE Group Trader Update published on           NYSENAT–2018–03).
                                                                                                                                                             any respect since its purpose is to
                                               March 8, 2018 available at: https://www.nyse.com/         14 XCIS had overall market share of 0.02% for the   enhance transparency and with respect
                                               publicdocs/nyse/markets/nyse/National_BC.pdf.           week of January 30, 2017, immediately prior to
                                                 10 See IEX Rule 1.160(bb).                            ceasing operations.                                     16 15   U.S.C. 78f.
                                                 11 See IEX Rule 1.160(u).                               15 See, e.g., Nasdaq Stock Market Rule 4759(a).       17 15   U.S.C. 78f(b)(5).



                                          VerDate Sep<11>2014   17:33 May 22, 2018   Jkt 244001   PO 00000   Frm 00072   Fmt 4703   Sfmt 4703   E:\FR\FM\23MYN1.SGM     23MYN1


                                               23956                        Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Notices

                                               to the operation of the Exchange and its                temporarily suspend such rule change if               that you wish to make available
                                               use of market data feeds.                               it appears to the Commission that such                publicly. All submissions should refer
                                                                                                       action is necessary or appropriate in the             to File Number SR–IEX–2018–10 and
                                               C. Self-Regulatory Organization’s
                                                                                                       public interest, for the protection of                should be submitted on or before June
                                               Statement on Comments on the
                                                                                                       investors, or otherwise in furtherance of             13, 2018.
                                               Proposed Rule Change Received From
                                                                                                       the purposes of the Act. If the                         For the Commission, by the Division of
                                               Members, Participants, or Others
                                                                                                       Commission takes such action, the                     Trading and Markets, pursuant to delegated
                                                 Written comments were neither                         Commission shall institute proceedings                authority.23
                                               solicited nor received.                                 to determine whether the proposed rule                Eduardo A. Aleman,
                                               III. Date of Effectiveness of the                       change should be approved or                          Assistant Secretary.
                                               Proposed Rule Change and Timing for                     disapproved.                                          [FR Doc. 2018–10976 Filed 5–22–18; 8:45 am]
                                               Commission Action                                       IV. Solicitation of Comments                          BILLING CODE 8011–01–P
                                                  Because the proposed rule change                       Interested persons are invited to
                                               does not (i) significantly affect the                   submit written data, views and
                                               protection of investors or the public                                                                         SECURITIES AND EXCHANGE
                                                                                                       arguments concerning the foregoing,
                                               interest; (ii) impose any significant                                                                         COMMISSION
                                                                                                       including whether the proposed rule
                                               burden on competition; and (iii) become                 change is consistent with the Act.                    [Release No. 34–83274; File No. SR–MRX–
                                               operative for 30 days from the date on                  Comments may be submitted by any of                   2018–15]
                                               which it was filed, or such shorter time                the following methods:
                                               as the Commission may designate, it has                                                                       Self-Regulatory Organizations; Nasdaq
                                               become effective pursuant to Section                    Electronic Comments                                   MRX, LLC; Notice of Filing and
                                               19(b)(3)(A) of the Act 18 and Rule 19b–                   • Use the Commission’s internet                     Immediate Effectiveness of Proposed
                                               4(f)(6) thereunder.19                                   comment form (http://www.sec.gov/                     Rule Change To Amend
                                                  A proposed rule change filed                         rules/sro.shtml); or                                  Supplementary Material .03 to Rule 804
                                               pursuant to Rule 19b–4(f)(6) under the                    • Send an email to rule-comments@                   To Enhance Anti-Internalization
                                               Act 20 normally does not become                         sec.gov. Please include File Number SR–               Functionality
                                               operative for 30 days after the date of its             IEX–2018–10 on the subject line.
                                                                                                                                                             May 17, 2018.
                                               filing. However, Rule 19b–4(f)(6)(iii) 21
                                                                                                       Paper Comments                                           Pursuant to Section 19(b)(1) of the
                                               permits the Commission to designate a
                                               shorter time if such action is consistent                 • Send paper comments in triplicate                 Securities Exchange Act of 1934
                                               with the protection of investors and the                to Brent J. Fields, Secretary, Securities             (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                               public interest. The Exchange has asked                 and Exchange Commission, 100 F Street                 notice is hereby given that on May 2,
                                               the Commission to waive the 30-day                      NE, Washington, DC 20549–1090.                        2018, Nasdaq MRX, LLC (‘‘MRX’’ or
                                               operative delay so that the proposal may                All submissions should refer to File                  ‘‘Exchange’’) filed with the Securities
                                               become operative immediately upon                       Number SR–IEX–2018–10. This file                      and Exchange Commission
                                               filing, thus allowing IEX’s proposed rule               number should be included in the                      (‘‘Commission’’) the proposed rule
                                               change to reflect in its rules, prior to the            subject line if email is used. To help the            change as described in Items I, II, and
                                               planned re-launch of XCIS, the source of                Commission process and review your                    III, below, which Items have been
                                               market data that the Exchange will                      comments more efficiently, please use                 prepared by the Exchange. The
                                               utilize for determining XCIS Top of                     only one method. The Commission will                  Commission is publishing this notice to
                                               Book quotes. The Commission does not                    post all comments on the Commission’s                 solicit comments on the proposed rule
                                               believe that any new or novel issues are                internet website (http://www.sec.gov/                 change from interested persons.
                                               raised by the proposal. For these                       rules/sro.shtml). Copies of the                       I. Self-Regulatory Organization’s
                                               reasons, the Commission believes the                    submission, all subsequent                            Statement of the Terms of Substance of
                                               waiver of the operative delay is                        amendments, all written statements                    the Proposed Rule Change
                                               consistent with the protection of                       with respect to the proposed rule
                                               investors and the public interest.                                                                               The Exchange proposes to amend
                                                                                                       change that are filed with the
                                               Therefore, the Commission hereby                                                                              Supplementary Material .03 to Rule 804
                                                                                                       Commission, and all written
                                               waives the operative delay and                                                                                to enhance anti-internalization
                                                                                                       communications relating to the
                                               designates the proposal operative upon                                                                        functionality.
                                                                                                       proposed rule change between the                         The text of the proposed rule change
                                               filing.22                                               Commission and any person, other than
                                                  At any time within 60 days of the                                                                          is available on the Exchange’s website at
                                                                                                       those that may be withheld from the                   http://nasdaqmrx.cchwallstreet.com/, at
                                               filing of the proposed rule change, the                 public in accordance with the
                                               Commission summarily may                                                                                      the principal office of the Exchange, and
                                                                                                       provisions of 5 U.S.C. 552, will be                   at the Commission’s Public Reference
                                                                                                       available for website viewing and                     Room.
                                                 18 15  U.S.C. 78s(b)(3)(A).
                                                 19 17
                                                                                                       printing in the Commission’s Public
                                                        CFR 240.19b–4(f)(6). As required under Rule                                                          II. Self-Regulatory Organization’s
                                               19b–4(f)(6)(iii), the Exchange provided the
                                                                                                       Reference Section, 100 F Street NE,
                                               Commission with written notice of its intent to file    Washington, DC 20549–1090. Copies of                  Statement of the Purpose of, and
                                               the proposed rule change, along with a brief            the filing will also be available for                 Statutory Basis for, the Proposed Rule
                                               description and the text of the proposed rule           inspection and copying at the IEX’s                   Change
                                               change, at least five business days prior to the date
                                                                                                       principal office and on its internet                     In its filing with the Commission, the
daltland on DSKBBV9HB2PROD with NOTICES




                                               of filing of the proposed rule change, or such
                                               shorter time as designated by the Commission.           website at www.iextrading.com. All                    Exchange included statements
                                                  20 17 CFR 240.19b–4(f)(6).                           comments received will be posted                      concerning the purpose of and basis for
                                                  21 17 CFR 240.19b–4(f)(6)(iii).
                                                                                                       without change. Persons submitting                    the proposed rule change and discussed
                                                  22 For purposes only of waiving the 30-day
                                                                                                       comments are cautioned that we do not
                                               operative delay, the Commission has also
                                               considered the proposed rule’s impact on
                                                                                                       redact or edit personal identifying                     23 17 CFR 200.30–3(a)(12).
                                               efficiency, competition, and capital formation. See     information from comment submissions.                   1 15 U.S.C. 78s(b)(1).
                                               15 U.S.C. 78c(f).                                       You should submit only information                      2 17 CFR 240.19b–4.




                                          VerDate Sep<11>2014   17:33 May 22, 2018   Jkt 244001   PO 00000   Frm 00073   Fmt 4703   Sfmt 4703   E:\FR\FM\23MYN1.SGM    23MYN1



Document Created: 2018-05-22 23:48:16
Document Modified: 2018-05-22 23:48:16
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 23954 

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