83_FR_24081 83 FR 23981 - Self-Regulatory Organizations; Nasdaq MRX, 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 23981 - Self-Regulatory Organizations; Nasdaq MRX, 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 Range23981-23983
FR Document2018-10980

Federal Register, Volume 83 Issue 100 (Wednesday, May 23, 2018)
[Federal Register Volume 83, Number 100 (Wednesday, May 23, 2018)]
[Notices]
[Pages 23981-23983]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-10980]


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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83280; File No. SR-MRX-2018-08]


Self-Regulatory Organizations; Nasdaq MRX, 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 23, 2018, Nasdaq MRX, LLC (``MRX'' 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 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to the proposed rule change, which replaced and superseded the original 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

[[Page 23982]]

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. 82848 (March 9, 
2018), 83 FR 11276 (``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-mrx-2018-08/mrx201808-3492392-162259.pdf.
    \5\ See Securities Exchange Act Release No. 83116 (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.
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    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 11276. 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 11276, n.3.
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    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\
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    \13\ See Notice, supra note 3, at 11276.
    \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\
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    \15\ See Notice, supra note 3, at 11276.
    \16\ See Amendment No. 1, supra note 4.
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    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 11276.
    \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 11276-77.
    \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 11277. 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.
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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 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

[[Page 23983]]

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. 81204 (July 25, 
2017), 82 FR 35557, 35559-60 (July 31, 2017) (SR-MRX-2017-02) (Order 
approving, among other things, proposal to establish ATR).
---------------------------------------------------------------------------

III. 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 [email protected]. Please include 
File Number SR-MRX-2018-08 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-MRX-2018-08. 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-MRX-2018-08 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.
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    \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-MRX-2018-08), 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. 2018-10980 Filed 5-22-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                                           Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Notices                                                    23981

                                               B. Self-Regulatory Organization’s                       C. Self-Regulatory Organization’s                     available for website viewing and
                                               Statement on Burden on Competition                      Statement on Comments on the                          printing in the Commission’s Public
                                                                                                       Proposed Rule Change Received From                    Reference Room, 100 F Street NE,
                                                  The Exchange does not believe that                   Members, Participants, or Others                      Washington, DC 20549 on official
                                               the proposed rule change will impose                                                                          business days between the hours of
                                               any burden on competition not                             No written comments were either
                                                                                                       solicited or received.                                10:00 a.m. and 3:00 p.m. Copies of the
                                               necessary or appropriate in furtherance                                                                       filing also will be available for
                                               of the purposes of the Act.                             III. Date of Effectiveness of the                     inspection and copying at the principal
                                                  The Exchange believes that the                       Proposed Rule Change and Timing for                   office of the Exchange. All comments
                                               addition of the Price Improvement Only                  Commission Action                                     received will be posted without change.
                                               variation will only boost the                             Within 45 days of the date of                       Persons submitting comments are
                                               attractiveness of the M–ELO among                       publication of this notice in the Federal             cautioned that we do not redact or edit
                                               market participants who desire or                       Register or within such longer period                 personal identifying information from
                                               require additional trading flexibility for              up to 90 days (i) as the Commission may               comment submissions. You should
                                               the M–ELO as well as those that seek                    designate if it finds such longer period              submit only information that you wish
                                               additional opportunities for price                      to be appropriate and publishes its                   to make available publicly. All
                                               improvement. Accordingly, the                           reasons for so finding or (ii) as to which            submissions should refer to File
                                               Exchange expects that its proposal will                 the self-regulatory organization                      Number SR–NASDAQ–2018–038 and
                                               draw new market participants to Nasdaq                  consents, the Commission will:                        should be submitted on or before June
                                               and increase the extent to which                          (A) By order approve or disapprove                  13, 2018.
                                               existing participants utilize M–ELO. To                 such proposed rule change, or                           For the Commission, by the Division of
                                               the extent the proposed change is                         (B) institute proceedings to determine              Trading and Markets, pursuant to delegated
                                               successful in attracting additional                     whether the proposed rule change                      authority.16
                                               market participants, Nasdaq believes                    should be disapproved.                                Eduardo A. Aleman,
                                               that the proposed change will promote                                                                         Assistant Secretary.
                                                                                                       IV. Solicitation of Comments
                                               competition among trading venues by                                                                           [FR Doc. 2018–10973 Filed 5–22–18; 8:45 am]
                                               making Nasdaq a more attractive trading                   Interested persons are invited to                   BILLING CODE 8011–01–P
                                               venue for long-term investors and                       submit written data, views, and
                                               therefore capital formation.                            arguments concerning the foregoing,
                                                  In any event, the Exchange notes that                including whether the proposed rule                   SECURITIES AND EXCHANGE
                                               it operates in a highly competitive                     change is consistent with the Act.                    COMMISSION
                                               market in which market participants can                 Comments may be submitted by any of
                                                                                                                                                             [Release No. 34–83280; File No. SR–MRX–
                                               readily choose between competing                        the following methods:                                2018–08]
                                               venues if they deem participation in                    Electronic Comments
                                               Nasdaq’s market is no longer desirable.                                                                       Self-Regulatory Organizations; Nasdaq
                                                                                                         • Use the Commission’s internet                     MRX, LLC; Notice of Filing of
                                               In such an environment, the Exchange                    comment form (http://www.sec.gov/
                                               must carefully consider the impact that                                                                       Amendment No. 1 and Order Granting
                                                                                                       rules/sro.shtml); or                                  Accelerated Approval of a Proposed
                                               any change it proposes may have on its                    • Send an email to rule-comments@
                                               participants, understanding that it will                                                                      Rule Change, as Modified by
                                                                                                       sec.gov. Please include File Number SR–               Amendment No. 1, To Introduce the
                                               likely lose participants to the extent a                NASDAQ–2018–038 on the subject line.
                                               change is viewed as unfavorable by                                                                            ATR Protection for Orders That Are
                                               them. Because competitors are free to                   Paper Comments                                        Routed to Away Markets
                                               modify the incentives and structure of                     • Send paper comments in triplicate                May 17, 2018.
                                               their markets, the Exchange believes                    to Brent J. Fields, Secretary, Securities
                                               that the degree to which modifying the                                                                        I. Introduction
                                                                                                       and Exchange Commission, 100 F Street
                                               market structure of an individual market                NE, Washington, DC 20549–1090.                           On February 23, 2018, Nasdaq MRX,
                                               may impose any burden on competition                    All submissions should refer to File                  LLC (‘‘MRX’’ or ‘‘Exchange’’) filed with
                                               is limited.                                             Number SR–NASDAQ–2018–038. This                       the Securities and Exchange
                                                  The Exchange also does not believe                   file number should be included on the                 Commission (‘‘Commission’’), pursuant
                                               that its proposal will impose an undue                  subject line if email is used. To help the            to Section 19(b)(1) of the Securities
                                               burden on intramarket competition. Just                 Commission process and review your                    Exchange Act of 1934 (‘‘Act’’) 1 and Rule
                                               as with an ordinary M–ELOs [sic], the                   comments more efficiently, please use                 19b–4 thereunder,2 a proposed rule
                                               M–ELO with PIO will be available to all                 only one method. The Commission will                  change to amend Exchange Rule 714
                                               Nasdaq members and it will be available                 post all comments on the Commission’s                 regarding the Acceptable Trade Range
                                               on an optional basis. Thus, any member                  internet website (http://www.sec.gov/                 (‘‘ATR’’) functionality for orders that are
                                               that seeks to avail itself of the benefits              rules/sro.shtml). Copies of the                       routed to away markets. The proposed
                                               of a M–ELO with PIO or avoid its costs                  submission, all subsequent                            rule change was published for comment
                                               can choose accordingly. Although the                    amendments, all written statements                    in the Federal Register on March 14,
                                               proposal provides flexibility and price                 with respect to the proposed rule                     2018.3 On April 23, 2018, the Exchange
                                               improvement opportunities specifically                  change that are filed with the                        submitted Amendment No. 1 to the
daltland on DSKBBV9HB2PROD with NOTICES




                                               for investors that select the M–ELO                     Commission, and all written                           proposed rule change, which replaced
                                               order type, the Exchange believes that                  communications relating to the                        and superseded the original filing in its
                                               all market participants will benefit to                 proposed rule change between the                        16 17 CFR 200.30–3(a)(12).
                                               the extent that this proposal contributes               Commission and any person, other than                   1 15 U.S.C. 78s(b)(1).
                                               to a healthy and attractive market that                 those that may be withheld from the                     2 17 CFR 240.19b–4.
                                               is attentive to the needs of all types of               public in accordance with the                           3 See Securities Exchange Act Release No. 82848

                                               investors.                                              provisions of 5 U.S.C. 552, will be                   (March 9, 2018), 83 FR 11276 (‘‘Notice’’).



                                          VerDate Sep<11>2014   17:33 May 22, 2018   Jkt 244001   PO 00000   Frm 00098   Fmt 4703   Sfmt 4703   E:\FR\FM\23MYN1.SGM    23MYN1


                                               23982                        Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Notices

                                               entirety.4 On April 26, 2018, the                       Accordingly, the ATR is: The reference                    Exchange notes that the NBB or NBO
                                               Commission extended the time period                     price¥(x) for sell orders/quotes; and the                 price for a security may change during
                                               within which to approve the proposed                    reference price + (x) for buy orders.11 If                the ‘‘Flash’’ auction process described
                                               rule change, disapprove the proposed                    an order or quote reaches the outer limit                 in Supplementary Material .02 to Rule
                                               rule change, or institute proceedings to                of the ATR without being fully                            1901, and the proposed rule change
                                               determine whether to disapprove the                     executed, then any unexecuted balance                     would provide additional protection if
                                               proposed rule change to June 22, 2018.5                 will be cancelled.12                                      the reference price was improved at the
                                               The Commission received no comments                       The Exchange states that, currently,                    time the order is routed.19 Similarly, the
                                               on the proposed rule change. The                        the System calculates a reference price                   Exchange represents that other routable
                                               Commission is publishing this notice to                 for an incoming order or quote only                       orders not subject to the ‘‘Flash’’ auction
                                               solicit comment on Amendment No. 1                      when that order or quote rests or trades                  process must still be processed by the
                                               to the proposed rule change from                        on the regular order book.13                              System prior to routing, and during this
                                               interested persons and is approving the                 Accordingly, orders that route to away                    processing time the market may have
                                               proposed rule change, as modified by                    exchanges do not always receive the                       moved.20 Under the proposed rule
                                               Amendment No. 1, on an accelerated                      ATR. Orders that first trade on the                       change, if the NBB or NBO price has not
                                               basis.                                                  Exchange prior to being routed away                       improved at the time an order is routed,
                                                                                                       receive the ATR, but orders that are                      the ATR that was applied to the order
                                               II. Description of the Proposed Rule                    routed away upon entry (or otherwise                      upon entry into the System would
                                               Change, as Modified by Amendment                        do not rest or trade on the regular order                 apply.21
                                               No. 1 6                                                 book) are not currently subject to the                      The Exchange states that it intends to
                                                  The ATR is a functionality designed                  ATR.14                                                    implement the ATR functionality
                                               to prevent the Exchange’s System 7 from                   The Exchange now proposes to amend                      described in the proposed rule change
                                               experiencing dramatic price swings by                   the ATR to modify how it applies to                       no later than October 31, 2018.22
                                               preventing the execution of orders                      orders that are routed by the Exchange.
                                               beyond set thresholds.8 Pursuant to                     First, the Exchange proposes to apply                     III. Discussion and Commission
                                               Exchange Rule 714(b)(1), the System                     the ATR to orders that are routed to                      Findings
                                               calculates an ATR to limit the range of                 away markets without first trading on                        After careful review, the Commission
                                               prices at which an order or quote will                  the Exchange.15 This means that, unlike                   finds that the proposed rule change, as
                                               be allowed to execute.9 Upon receipt of                 today, the System will calculate an ATR                   modified by Amendment No. 1, is
                                               a new order or quote, the ATR is                        for orders even if the order does not rest                consistent with the requirements of the
                                               calculated by taking the reference price,               or trade on the regular order book prior                  Act and the rules and regulations
                                               plus or minus a value to be determined                  to being routed.16                                        thereunder applicable to a national
                                               by the Exchange, where the reference                      In addition, the Exchange proposes                      securities exchange.23 In particular, the
                                               price is the NBB for sell orders/quotes                 that, for orders routed to away markets                   Commission finds that the proposed
                                               and the NBO for buy orders/quotes.10                    pursuant to the Supplementary Material                    rule change, as modified by Amendment
                                                                                                       to Exchange Rule 1901,17 if the                           No. 1, is consistent with Section 6(b)(5)
                                                  4 See Letter to Brent J. Fields, Secretary,          applicable NBB or NBO price is                            of the Act,24 which requires, among
                                               Commission, from Adrian Griffiths, Senior               improved at the time the order is routed,                 other things, that the rules of a national
                                               Associate General Counsel, Nasdaq, Inc., dated
                                               April 23, 2018 (‘‘Amendment No. 1’’). Amendment
                                                                                                       a new ATR would be calculated based                       securities exchange be designed to
                                               No. 1 revises the proposed rule change to: (i)          on the reference price at that time.18 The                prevent fraudulent and manipulative
                                               Provide further discussion of the current                                                                         acts and practices, to promote just and
                                               application of the ATR to orders routed away; (ii)      or more, (2) Penny Pilot Options trading in one-cent      equitable principles of trade, to foster
                                               modify the proposed rule text regarding the             increments for all prices, and (3) Non-Penny Pilot        cooperation and coordination with
                                               recalculation of the ATR for orders routed away         Options. See id.
                                               pursuant to Supplementary Material to Exchange             11 See Exchange Rule 714(b)(1)(i).
                                                                                                                                                                 persons engaged in facilitating
                                               Rule 1901, if the applicable National Best Bid             12 See Exchange Rule 714(b)(1)(ii). The ATR is not     transactions in securities, to remove
                                               (‘‘NBB’’) or the National Best Offer (‘‘NBO’’) price    available for All-or-None Orders. See Notice, supra       impediments to and perfect the
                                               is improved at the time of routing; (iii) expand the    note 3, at 11276, n.3.                                    mechanism of a free and open market
                                               discussion and justification for recalculating the         13 See Notice, supra note 3, at 11276.
                                               ATR for such orders; and (iv) make other                                                                          and a national market system, and, in
                                                                                                          14 See Amendment No. 1, supra note 4.
                                               amendments to the proposed rule text to improve            15 See Notice, supra note 3, at 11276.
                                                                                                                                                                 general, to protect investors and the
                                               the understandability of the current ATR
                                                                                                          16 See Amendment No. 1, supra note 4.
                                                                                                                                                                 public interest.
                                               calculation. Amendment No. 1 was also submitted                                                                      The Commission believes that the
                                                                                                          17 This could occur: (1) if an order is routed to
                                               as a comment to the proposed rule change.
                                               Amendment No. 1 is available at: https://               an away market pursuant to Supplementary                  ATR is reasonably designed to prevent
                                               www.sec.gov/comments/sr-mrx-2018-08/                    Material .02 to Rule 1901 (the ‘‘Flash’’ auction)         executions of orders and quotes at
                                               mrx201808-3492392-162259.pdf.                           without first trading against any Exchange interest
                                                  5 See Securities Exchange Act Release No. 83116      in the ‘‘Flash’’ auction; (2) if an order is a ‘‘Sweep      19 See Amendment No. 1, supra note 4.
                                               (April 26, 2018), 83 FR 19369 (May 2, 2018).            Order’’ as defined in Rule 715(s) and processed             20 See Amendment No. 1, supra note 4.
                                                  6 For a more detailed description of the proposal,
                                                                                                       pursuant to Supplementary Material .05 to Rule
                                                                                                                                                                   21 The Exchange states that the ATR is not again
                                                                                                       1901 instead of the ‘‘Flash’’ auction; or (3) if a Non-
                                               see Notice, supra note 3; Amendment No. 1, supra        Customer Order opts out of the ‘‘Flash’’ auction and      recalculated for orders after routing, so orders that
                                               note 4.                                                 is processed pursuant to Supplementary Material           are routed but not executed in full by an away
                                                  7 The term ‘‘System’’ means the electronic system                                                              market, and subsequently return to trade on the
                                                                                                       .04 to Rule 1901. See Amendment No. 1, supra note
                                               operated by the Exchange that receives and              4.                                                        Exchange, would not receive a new ATR. See
                                               disseminates quotes, executes orders and reports           Supplementary Material .02 to Rule 1901                Amendment No. 1, supra note 4.
                                               transactions. See Exchange Rule 100(a)(55).             provides that orders to be routed to away markets
                                                                                                                                                                   22 See Notice, supra note 3, at 11277. The
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                                                  8 See Amendment No. 1, supra note 4.                                                                           Exchange further states that it will announce the
                                                                                                       may be eligible for a ‘‘Flash’’ auction wherein
                                                  9 See Exchange Rule 714(b)(1).
                                                                                                       Exchange members are allowed the opportunity to           implementation date of this functionality in an
                                                  10 See Notice, supra note 3, at 11276. For           enter responses to trade with the order prior to          Options Trader Alert prior to the launch date. See
                                               purposes of determining the value that will be          routing. See Notice, supra note 3, at 11276.              id.
                                                                                                                                                                   23 In approving this proposed rule change, the
                                               added or subtracted from the reference price, there        18 See Amendment No. 1, supra note 4; proposed

                                               are three categories of options for the ATR: (1)        Exchange Rule 714(b)(1)(ii). In the Notice, the           Commission has considered the proposed rule’s
                                               Penny Pilot Options trading in one cent increments      Exchange provides examples of how the ATR will            impact on efficiency, competition, and capital
                                               for options trading at less than $3.00 and              be applied to orders routed to away markets. See          formation. See 15 U.S.C. 78c(f).
                                               increments of five cents for options trading at $3.00   Notice, supra note 3, at 11276–77.                          24 15 U.S.C. 78f(b)(5).




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                                                                           Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Notices                                                     23983

                                               prices that are significantly worse than                post all comments on the Commission’s                  VI. Conclusion
                                               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                     MRX–2018–08), 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                     proposed rule change between the                         For the Commission, by the Division of
                                               protections that the ATR provides to                    Commission and any person, other than                  Trading and Markets, pursuant to delegated
                                                                                                                                                              authority.28
                                               orders that first trade on the Exchange                 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. 2018–10980 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. 34–83268; File No. SR–
                                               proposed rule change will provide                       office of the Exchange. All comments                   NYSEArca–2018–34]
                                               transparency and enhance investors’                     received will be posted without change.                Self-Regulatory Organizations; NYSE
                                               understanding of the operation of the                   Persons submitting comments are                        Arca, Inc.; Notice of Filing and
                                               ATR. The Commission notes that the                      cautioned that we do not redact or edit                Immediate Effectiveness of Proposed
                                               Exchange will continue to use the NBB                   personal identifying information from                  Rule Change To Amend the NYSE Arca
                                               or NBO as the reference price for the                   comment submissions. You should                        Equities Fees and Charges
                                               ATR. For these reasons, the Commission                  submit only information that you wish
                                               believes that the proposed rule change,                 to make available publicly. All                        May 17, 2018.
                                               as modified by Amendment No. 1, is                      submissions should refer to File                          Pursuant to Section 19(b)(1) 1 of the
                                               consistent with the Act.                                Number SR–MRX–2018–08 and should                       Securities Exchange Act of 1934 (the
                                                                                                       be submitted on or before June 13, 2018.               ‘‘Act’’) 2 and Rule 19b–4 thereunder,3
                                               III. Solicitation of Comments on
                                               Amendment No. 1                                         V. Accelerated Approval of Proposed                    notice is hereby given that, on May 9,
                                                                                                       Rule Change, as Modified by                            2018, NYSE Arca, Inc. (the ‘‘Exchange’’
                                                 Interested persons are invited to                                                                            or ‘‘NYSE Arca’’) filed with the
                                               submit written data, views, and                         Amendment No. 1
                                                                                                                                                              Securities and Exchange Commission
                                               arguments concerning the foregoing,                        The Commission finds good cause to                  (the ‘‘Commission’’) the proposed rule
                                               including whether Amendment No. 1 to                    approve the proposed rule change, as                   change as described in Items I, II, and
                                               the proposed rule change is consistent                  modified by Amendment No. 1, prior to                  III below, which Items have been
                                               with the Exchange Act. Comments may                     the 30th day after the date of                         prepared by the self-regulatory
                                               be submitted by any of the following                    publication of notice of Amendment No.                 organization. The Commission is
                                               methods:                                                1 in the Federal Register. As discussed                publishing this notice to solicit
                                               Electronic Comments                                     above, Amendment No. 1 adds detail to                  comments on the proposed rule change
                                                                                                       the proposal and the proposed rule text                from interested persons.
                                                 • Use the Commission’s internet                       regarding the operation of the ATR.
                                               comment form (http://www.sec.gov/                                                                              I. Self-Regulatory Organization’s
                                                                                                       Amendment No. 1 revises the proposed
                                               rules/sro.shtml); or                                                                                           Statement of the Terms of the Substance
                                                                                                       rule text to specify that for orders routed
                                                 • Send an email to rule-comments@                     to away markets pursuant to the
                                                                                                                                                              of the Proposed Rule Change
                                               sec.gov. Please include File Number SR–                 Supplementary Material to Rule 1901, if                   The Exchange proposes to amend the
                                               MRX–2018–08 on the subject line.                        the applicable NBB or NBO price is                     NYSE Arca Equities Fees and Charges
                                               Paper Comments                                          improved at the time the order is routed,              (‘‘Fee Schedule’’) to introduce a new
                                                                                                       a new ATR will be calculated based on                  pricing tier, Retail Order Step-Up Tier.
                                                 • Send paper comments in triplicate                   the reference price at that time.                      The Exchange proposes to implement
                                               to Secretary, Securities and Exchange                   Amendment No. 1 also sets forth                        the fee change effective May 9, 2018.4
                                               Commission, 100 F Street NE,                            additional justification for the proposed              The proposed rule change is available
                                               Washington, DC 20549–1090.                              rule change. The Commission believes                   on the Exchange’s website at
                                               All submissions should refer to File                    that these revisions provide greater                   www.nyse.com, at the principal office of
                                               Number SR–MRX–2018–08. This file                        clarity with respect to the current and                the Exchange, and at the Commission’s
                                               number should be included on the                        proposed application of the ATR for                    Public Reference Room.
                                               subject line if email is used. To help the              routed away orders. Accordingly, the
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                                               Commission process and review your                      Commission finds good cause, pursuant                    27 15 U.S.C. 78s(b)(2).
                                               comments more efficiently, please use                   to Section 19(b)(2) of the Exchange                      28 17 CFR 200.30–3(a)(12).
                                               only one method. The Commission will                    Act,26 to approve the proposed rule                      1 15 U.S.C. 78s(b)(1).
                                                                                                                                                                2 15 U.S.C. 78a.
                                                                                                       change, as modified by Amendment No.                     3 17 CFR 240.19b–4.
                                                  25 See Securities Exchange Act Release No. 81204
                                                                                                       1 on an accelerated basis.
                                               (July 25, 2017), 82 FR 35557, 35559–60 (July 31,                                                                 4 The Exchange originally filed to amend the Fee

                                               2017) (SR–MRX–2017–02) (Order approving, among                                                                 Schedule on May 1, 2018 (SR–NYSEArca–2018–30)
                                               other things, proposal to establish ATR).                26 15   U.S.C. 78s(b)(2).                             and withdrew such filing on May 9, 2018.



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Document Created: 2018-05-22 23:49:00
Document Modified: 2018-05-22 23:49:00
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 23981 

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