83_FR_26828 83 FR 26717 - Self-Regulatory Organizations; Nasdaq MRX, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Memorialize Order and Execution Information Into MRX Rule 718

83 FR 26717 - Self-Regulatory Organizations; Nasdaq MRX, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Memorialize Order and Execution Information Into MRX Rule 718

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 111 (June 8, 2018)

Page Range26717-26719
FR Document2018-12318

Federal Register, Volume 83 Issue 111 (Friday, June 8, 2018)
[Federal Register Volume 83, Number 111 (Friday, June 8, 2018)]
[Notices]
[Pages 26717-26719]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-12318]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83366; File No. SR-MRX-2018-16]


Self-Regulatory Organizations; Nasdaq MRX, LLC; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Memorialize 
Order and Execution Information Into MRX Rule 718

June 4, 2018.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on May 23, 2018, Nasdaq MRX, LLC (``MRX'' or ``Exchange'') filed with 
the Securities and Exchange Commission (``Commission'') the proposed 
rule change as described in Items I and II below, which Items have been 
prepared by the Exchange. The Commission is publishing this notice to 
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to memorialize its order and execution 
information into MRX Rule 718, entitled ``Data Feeds.''
    The text of the proposed rule change is available on the Exchange's 
website at http://nasdaqmrx.cchwallstreet.com/, at the principal office 
of the Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements 
concerning the purpose of and basis for the proposed rule change and 
discussed any comments it received on the proposed rule change. The 
text of these statements may be examined at the places specified in 
Item IV below. The Exchange has prepared summaries, set forth in 
sections A, B, and C below, of the most significant aspects of such 
statements.

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

1. Purpose
    The Exchange proposes to add order and execution information into 
MRX Rule 718, entitled ``Data Feeds.'' The Exchange proposes to rename 
this rule ``Data Feeds and Trade Information.'' The Exchange also 
proposes to amend Rule 100 to add definitions.
MRX Rule 718(a)
    The Exchange proposes to amend the Nasdaq MRX Top Quote Feed. The 
Exchange stated in that description that this feed calculates and 
disseminates MRX's best bid and offer position, with aggregated size 
(including total size in aggregate, for Public Customer \3\ size in the 
aggregate and Priority Customer \4\ size in the aggregate), based on 
displayable order and quote interest in the System. The Exchange 
proposes to amend this rule text to instead provide, ``this feed 
calculates and disseminates MRX's best bid and offer position, with 
aggregated size (including total size in aggregate, for Professional 
Order \5\ size in the aggregate and Priority Customer Order size in the 
aggregate), based on displayable order and quote interest in the 
System.'' The Exchange intended to specify that Professional Orders and 
Priority Customer Orders are segregated and aggregated. The Public 
Customer definition is too broad because it includes a portion of 
Priority Customer, which was already specified within the description. 
The Exchange proposes to remove Public Customer and replace it with 
Professional Order to be more specific and amend Priority Customer to 
Priority Customer Order to reference the types of orders that are 
aggregated to conform the rule text.
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    \3\ The term ``Public Customer'' means a person or entity that 
is not a broker or dealer in securities. See Rule 100(a)(44).
    \4\ The term ``Priority Customer'' means a person or entity that 
(i) is not a broker or dealer in securities, and (ii) does not place 
more than 390 orders in listed options per day on average during a 
calendar month for its own beneficial account(s). See 100(a)(41A). 
The term ``Priority Customer Order'' means an order for the account 
of a Priority Customer. See Rule 100(a)(43A).
    \5\ The term ``Professional Order'' means an order that is for 
the account of a person or entity that is not a Priority Customer. 
See Rule 100(a)(43C).
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MRX Rule 718(b)
    The Exchange proposes to adopt a new MRX Rule 718(b) and 
memorialize the following order and execution information which was 
discussed in other rule filings by the Exchange: (i) Clearing Trade 
Information or ``CTI''; and (ii) FIX DROP.\6\ The Exchange is also 
adding a description for TradeInfo. The TradeInfo user interface is 
being offered today on MRX at no cost.
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    \6\ See Securities Exchange Act Release No. 81312 (August 3, 
2017), 82 FR 37253 (August 3, 2017) (SR-MRX-2017-13) (``Prior 
Filing'').
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    The Exchange notes that while CTI and FIX Drop information are 
accessible through a port, TradeInfo is an interface. The Exchange 
notes this distinction to make clear the manner of delivery for each of 
these information types.
CTI
    The Exchange stated in its Prior Filing that ``CTI is a real-time 
clearing trade message that is sent to a Member after an execution has 
occurred and contains trade details. The message containing the trade 
details is also simultaneously sent to The Options Clearing 
Corporation. The information includes, among other things, the 
following: (i) The Clearing Member Trade Agreement or ``CMTA'' or The 
Options Clearing Corporation or ``OCC'' number; (ii) Exchange badge or 
house number; (iii) the Exchange internal firm identifier; and (iv) an 
indicator which will distinguish electronic and non-electronically 
delivered orders; (v) liquidity indicators and transaction type for 
billing purposes; (vi) capacity.'' \7\
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    \7\ See note 3 above.
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    The Exchange is proposing to amend the CTI description and 
memorialize it within MRX Rule 718(b)(1). The Exchange proposes to 
eliminate the sentence which states, ``The message containing the trade 
details is also simultaneously sent to The Options Clearing 
Corporation.'' The Exchange's System sends clearing information to OCC 
for each transaction. This sentence does not add information that is 
useful or relevant and therefore the Exchange proposes to remove it. 
The Exchange also proposes to delete the words ``an indicator which 
will distinguish electronic and non-electronically delivered orders.'' 
The only method on MRX to deliver an order is electronically.
    The Exchange proposes to adopt new definitions for ``account 
number,'' \8\

[[Page 26718]]

``badge,'' \9\ and ``mnemonic'' \10\ to be utilized within the CTI 
definition and uniformly throughout the Rulebook. The Exchange proposes 
to renumber Rule 100 to accommodate the new definitions. The Exchange 
is reserving 2 numbers for future use of other definitions. The 
Exchange proposes to replace the phrase in Rule 718(b)(1) subsection 
(ii) from previously filed Exchange badge or house number to proposed 
definitions for badge or mnemonic. The Exchange proposes to replace the 
phrase in Rule 718(b)(1) subsection (iii) from Exchange internal firm 
identifier to proposed definition for account number. The Exchange 
proposes to expand on Rule 718(b)(1) subsection (iv) by replacing the 
phrase ``an indicator which will distinguish electronic and non-
electronically delivered orders'' with ``information which identifies 
the transaction type (e.g. auction type) for billing purposes.'' 
Finally, the Exchange is adding an ``and'' before Rule 718(b)(1) 
subsection (v) ``capacity'' and changing the wording to ``market 
participant capacity.'' The Exchange has renumbered the CTI sections to 
account for the language that was removed from the description. 
Finally, the Exchange is making a grammatical change and adding 
parenthesis around defined terms. The Exchange is expressing more 
specifically the type of data contained in CTI.
---------------------------------------------------------------------------

    \8\ An ``account number'' shall mean a number assigned to a 
Member. Members may have more than one account number. See proposed 
Rule 100(a)(1).
    \9\ A ``badge'' shall mean an account number with a letter 
suffix assigned to Market Makers. A Market Maker account may be 
associated with multiple badges. See proposed Rule 100(a)(5).
    \10\ A ``mnemonic'' shall mean an acronym comprised of letters 
and/or numbers assigned to Electronic Access Members. An Electronic 
Access Member account may be associated with multiple mnemonics. See 
proposed Rule 100(a)(34).
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FIX DROP
    The Exchange stated in its Prior Filing that ``FIX DROP provides 
real-time order and execution update is a message that is sent to a 
Member after an order been received/modified or an execution has 
occurred and contains trade details. The information includes, among 
other things, the following: (1) Executions; (2) cancellations; (3) 
modifications to an existing order; and (4) busts or post-trade 
corrections.'' \11\
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    \11\ Id.
---------------------------------------------------------------------------

    The Exchange proposes to memorialize FIX DROP within MRX Rule 
718(b)(3). The Exchange notes that at the end of the first sentence of 
the description it is adding ``specific to that Member'' to make clear 
that FIX DROP only provides a Member its specific trade information. 
Also, an ``and'' is included before new (iv) as the numbers have been 
changed to roman numerals.
TradeInfo
    The Exchange proposes to establish its TradeInfo offering at MRX 
Rule 718(b)(2). TradeInfo, a user interface, permits a Member to: (i) 
Search all orders submitted in a particular security or all orders of a 
particular type, regardless of their status (open, canceled, executed, 
etc.); (ii) view orders and executions; and (iii) download orders and 
executions for recordkeeping purposes. TradeInfo users may also cancel 
open orders at the order, port or firm mnemonic level through 
TradeInfo. TradeInfo is offered today to Members on MRX at no cost.
    The Exchange considers it appropriate to establish and memorialize 
the order and execution information available on MRX within a rule so 
that Members may understand the trade information which is available on 
the Exchange as it pertains to a firm's trading information. This data 
is available to all Members and is specific to a Member's transactions 
on MRX.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Securities Exchange Act of 1934 (the 
``Act''),\12\ in general, and furthers the objectives of Section 
6(b)(5) of the Act,\13\ in particular, in that it is designed to 
promote just and equitable principles of trade, to remove impediments 
to and perfect the mechanism for a free and open market and a national 
market system, and, in general, to protect investors and the public 
interest, by providing greater transparency as to the order and 
execution information offered on MRX. Each proposal is described in 
more detail below.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

MRX Rule 718(a)
    The Exchange's proposal to amend the Nasdaq MRX Top Quote Feed to 
specify that Professional Orders and Priority Customer Orders are 
segregated and aggregated is consistent with the protection of 
investors and the public interest because the Exchange is correcting 
the categories of orders, which are segregated and aggregated. The 
Public Customer definition is too broad because it includes a portion 
of Priority Customer, which was already specified within the 
description. The Exchange proposes to remove Public Customer and 
replace it with Professional Order to be more specific and amend 
Priority Customer to Priority Customer Order to reference the types of 
orders that are aggregated to conform the rule text. The Exchange 
believes that this amendment will bring more transparency to the 
information within the feed.
MRX Rule 718(b)
    The Exchange believes that memorializing CTI and FIX DROP within a 
rule will provide Members with transparency as to the order and 
information offerings available on MRX specific to their trading on 
MRX. The Exchange's proposal to establish TradeInfo is consistent with 
the Act because the Exchange is detailing the contents of this offering 
as well as providing transparency as to the availability of TradeInfo. 
The Exchange believes that offering Members TradeInfo, which allows 
Members to view executions as well as other capabilities with respect 
to order management, enhances the ability of a Member to manage its 
orders. The Exchange believes that providing Members with tools to 
manage orders is consistent with the Act and serves to protect 
investors and the public interest. Further, the Exchange believes that 
this proposal is consistent with the Act because TradeInfo provides 
information regarding information available to market participants, 
specifically with respect to trades they execute on MRX. The 
information is available to all Members.

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

    In accordance with Section 6(b)(8) of the Act,\14\ the Exchange 
does not believe that the proposed rule change will impose any burden 
on intermarket or intra-market competition that is not necessary or 
appropriate in furtherance of the purposes of the Act. The Exchange's 
proposal does not impose an undue burden on competition, rather the 
Exchange is seeking to provide greater transparency within its rules 
with respect to the Nasdaq MRX Top Quote Feed as well as order and 
execution information offered on MRX. The information is available to 
all Members. Specifically, TradeInfo is available to any Member that 
requests this service. The TradeInfo product will provide a Member 
information regarding that Member's executions.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78f(b)(8).

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[[Page 26719]]

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

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not: (i) 
Significantly affect the protection of investors or the public 
interest; (ii) impose any significant burden on competition; and (iii) 
become operative for 30 days from the date on which it was filed, or 
such shorter time as the Commission may designate, it has become 
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \15\ and 
subparagraph (f)(6) of Rule 19b-4 thereunder.\16\
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    \15\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \16\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) 
requires a self-regulatory organization to give the Commission 
written notice of its intent to file the proposed rule change, along 
with a brief description and text of the proposed rule change, at 
least five business days prior to the date of filing of the proposed 
rule change, or such shorter time as designated by the Commission. 
The Exchange has satisfied this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) \17\ normally 
does not become operative prior to 30 days after the date of the 
filing. However, Rule 19b-4(f)(6)(iii) \18\ 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 proposed 
rule change may become effective and operative immediately upon filing. 
The Exchange states that waiver of the operative delay will allow the 
Exchange to correct the Nasdaq MRX Top Quote Feed and update its rules 
immediately regarding order and execution information offered on MRX. 
The Exchange further states that it believes the waiver will further 
the protection of investors and the public interest because it will 
provide greater transparency as to the Nasdaq MRX Top Quote Feed as 
well as trade detail available to market participants. Further, the 
Exchange states that memorializing TradeInfo will provide Members with 
greater information concerning a Member's executions on MRX and make 
its availability transparent. The Commission believes that waiver of 
the 30-day operative delay is consistent with the protection of 
investors and the public interest. Therefore, the Commission hereby 
waives the 30-day operative delay and designates the proposed rule 
change as operative upon filing.\19\
---------------------------------------------------------------------------

    \17\ 17 CFR 240.19b-4(f)(6).
    \18\ 17 CFR 240.19b-4(f)(6)(iii).
    \19\ For purposes only of waiving the 30-day operative delay, 
the Commission has also considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is: (i) 
Necessary or appropriate in the public interest; (ii) for the 
protection of investors; or (iii) otherwise in furtherance of the 
purposes of the Act. If the Commission takes such action, the 
Commission shall institute proceedings to determine whether the 
proposed rule should be approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-MRX-2018-16 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-2018-16. 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-2018-16 and should be submitted on 
or before June 29, 2018.
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    \20\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\20\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-12318 Filed 6-7-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                                               Federal Register / Vol. 83, No. 111 / Friday, June 8, 2018 / Notices                                                       26717

                                              personal identifying information from                   the proposed rule change and discussed                     types of orders that are aggregated to
                                              comment submissions. You should                         any comments it received on the                            conform the rule text.
                                              submit only information that you wish                   proposed rule change. The text of these
                                                                                                                                                                 MRX Rule 718(b)
                                              to make available publicly. All                         statements may be examined at the
                                              submissions should refer to File                        places specified in Item IV below. The                       The Exchange proposes to adopt a
                                              Number SR–MRX–2018–17 and should                        Exchange has prepared summaries, set                       new MRX Rule 718(b) and memorialize
                                              be submitted on or before June 29, 2018.                forth in sections A, B, and C below, of                    the following order and execution
                                                                                                      the most significant aspects of such                       information which was discussed in
                                                For the Commission, by the Division of
                                              Trading and Markets, pursuant to delegated              statements.                                                other rule filings by the Exchange: (i)
                                              authority.14                                                                                                       Clearing Trade Information or ‘‘CTI’’;
                                                                                                      A. Self-Regulatory Organization’s                          and (ii) FIX DROP.6 The Exchange is
                                              Eduardo A. Aleman,                                      Statement of the Purpose of, and                           also adding a description for TradeInfo.
                                              Assistant Secretary.                                    Statutory Basis for, the Proposed Rule                     The TradeInfo user interface is being
                                              [FR Doc. 2018–12320 Filed 6–7–18; 8:45 am]              Change                                                     offered today on MRX at no cost.
                                              BILLING CODE 8011–01–P                                                                                               The Exchange notes that while CTI
                                                                                                      1. Purpose
                                                                                                                                                                 and FIX Drop information are accessible
                                                                                                         The Exchange proposes to add order                      through a port, TradeInfo is an interface.
                                              SECURITIES AND EXCHANGE                                 and execution information into MRX                         The Exchange notes this distinction to
                                              COMMISSION                                              Rule 718, entitled ‘‘Data Feeds.’’ The                     make clear the manner of delivery for
                                              [Release No. 34–83366; File No. SR–MRX–                 Exchange proposes to rename this rule                      each of these information types.
                                              2018–16]                                                ‘‘Data Feeds and Trade Information.’’
                                                                                                      The Exchange also proposes to amend                        CTI
                                              Self-Regulatory Organizations; Nasdaq                   Rule 100 to add definitions.                                  The Exchange stated in its Prior Filing
                                              MRX, LLC; Notice of Filing and                                                                                     that ‘‘CTI is a real-time clearing trade
                                              Immediate Effectiveness of Proposed                     MRX Rule 718(a)
                                                                                                                                                                 message that is sent to a Member after
                                              Rule Change To Memorialize Order and                       The Exchange proposes to amend the                      an execution has occurred and contains
                                              Execution Information Into MRX Rule                     Nasdaq MRX Top Quote Feed. The                             trade details. The message containing
                                              718                                                     Exchange stated in that description that                   the trade details is also simultaneously
                                              June 4, 2018.                                           this feed calculates and disseminates                      sent to The Options Clearing
                                                                                                      MRX’s best bid and offer position, with                    Corporation. The information includes,
                                                 Pursuant to Section 19(b)(1) of the
                                                                                                      aggregated size (including total size in                   among other things, the following: (i)
                                              Securities Exchange Act of 1934
                                                                                                      aggregate, for Public Customer 3 size in                   The Clearing Member Trade Agreement
                                              (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                                                                      the aggregate and Priority Customer 4                      or ‘‘CMTA’’ or The Options Clearing
                                              notice is hereby given that on May 23,
                                                                                                      size in the aggregate), based on                           Corporation or ‘‘OCC’’ number; (ii)
                                              2018, Nasdaq MRX, LLC (‘‘MRX’’ or
                                                                                                      displayable order and quote interest in                    Exchange badge or house number; (iii)
                                              ‘‘Exchange’’) filed with the Securities
                                                                                                      the System. The Exchange proposes to                       the Exchange internal firm identifier;
                                              and Exchange Commission
                                                                                                      amend this rule text to instead provide,                   and (iv) an indicator which will
                                              (‘‘Commission’’) the proposed rule
                                                                                                      ‘‘this feed calculates and disseminates                    distinguish electronic and non-
                                              change as described in Items I and II
                                                                                                      MRX’s best bid and offer position, with                    electronically delivered orders; (v)
                                              below, which Items have been prepared
                                                                                                      aggregated size (including total size in                   liquidity indicators and transaction type
                                              by the Exchange. The Commission is
                                                                                                      aggregate, for Professional Order 5 size                   for billing purposes; (vi) capacity.’’ 7
                                              publishing this notice to solicit
                                                                                                      in the aggregate and Priority Customer                        The Exchange is proposing to amend
                                              comments on the proposed rule change
                                                                                                      Order size in the aggregate), based on                     the CTI description and memorialize it
                                              from interested persons.
                                                                                                      displayable order and quote interest in                    within MRX Rule 718(b)(1). The
                                              I. Self-Regulatory Organization’s                       the System.’’ The Exchange intended to                     Exchange proposes to eliminate the
                                              Statement of the Terms of Substance of                  specify that Professional Orders and                       sentence which states, ‘‘The message
                                              the Proposed Rule Change                                Priority Customer Orders are segregated                    containing the trade details is also
                                                 The Exchange proposes to                             and aggregated. The Public Customer                        simultaneously sent to The Options
                                              memorialize its order and execution                     definition is too broad because it                         Clearing Corporation.’’ The Exchange’s
                                              information into MRX Rule 718, entitled                 includes a portion of Priority Customer,                   System sends clearing information to
                                              ‘‘Data Feeds.’’                                         which was already specified within the                     OCC for each transaction. This sentence
                                                 The text of the proposed rule change                 description. The Exchange proposes to                      does not add information that is useful
                                              is available on the Exchange’s website at               remove Public Customer and replace it                      or relevant and therefore the Exchange
                                              http://nasdaqmrx.cchwallstreet.com/, at                 with Professional Order to be more                         proposes to remove it. The Exchange
                                              the principal office of the Exchange, and               specific and amend Priority Customer to                    also proposes to delete the words ‘‘an
                                              at the Commission’s Public Reference                    Priority Customer Order to reference the                   indicator which will distinguish
                                              Room.                                                                                                              electronic and non-electronically
                                                                                                        3 The term ‘‘Public Customer’’ means a person or         delivered orders.’’ The only method on
                                              II. Self-Regulatory Organization’s                      entity that is not a broker or dealer in securities. See   MRX to deliver an order is
                                              Statement of the Purpose of, and                        Rule 100(a)(44).                                           electronically.
                                              Statutory Basis for, the Proposed Rule                    4 The term ‘‘Priority Customer’’ means a person
                                                                                                                                                                    The Exchange proposes to adopt new
                                              Change                                                  or entity that (i) is not a broker or dealer in
                                                                                                                                                                 definitions for ‘‘account number,’’ 8
amozie on DSK3GDR082PROD with NOTICES1




                                                                                                      securities, and (ii) does not place more than 390
                                                 In its filing with the Commission, the               orders in listed options per day on average during
                                                                                                                                                                   6 See Securities Exchange Act Release No. 81312
                                              Exchange included statements                            a calendar month for its own beneficial account(s).
                                                                                                      See 100(a)(41A). The term ‘‘Priority Customer              (August 3, 2017), 82 FR 37253 (August 3, 2017)
                                              concerning the purpose of and basis for                 Order’’ means an order for the account of a Priority       (SR–MRX–2017–13) (‘‘Prior Filing’’).
                                                                                                      Customer. See Rule 100(a)(43A).                              7 See note 3 above.
                                                14 17 CFR 200.30–3(a)(12).                              5 The term ‘‘Professional Order’’ means an order           8 An ‘‘account number’’ shall mean a number
                                                1 15 U.S.C. 78s(b)(1).                                that is for the account of a person or entity that is      assigned to a Member. Members may have more
                                                2 17 CFR 240.19b–4.                                   not a Priority Customer. See Rule 100(a)(43C).                                                      Continued




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                                              26718                            Federal Register / Vol. 83, No. 111 / Friday, June 8, 2018 / Notices

                                              ‘‘badge,’’ 9 and ‘‘mnemonic’’ 10 to be                  included before new (iv) as the numbers                  and amend Priority Customer to Priority
                                              utilized within the CTI definition and                  have been changed to roman numerals.                     Customer Order to reference the types of
                                              uniformly throughout the Rulebook. The                                                                           orders that are aggregated to conform
                                                                                                      TradeInfo
                                              Exchange proposes to renumber Rule                                                                               the rule text. The Exchange believes that
                                              100 to accommodate the new                                 The Exchange proposes to establish                    this amendment will bring more
                                              definitions. The Exchange is reserving 2                its TradeInfo offering at MRX Rule                       transparency to the information within
                                              numbers for future use of other                         718(b)(2). TradeInfo, a user interface,                  the feed.
                                              definitions. The Exchange proposes to                   permits a Member to: (i) Search all
                                              replace the phrase in Rule 718(b)(1)                    orders submitted in a particular security                MRX Rule 718(b)
                                              subsection (ii) from previously filed                   or all orders of a particular type,
                                              Exchange badge or house number to                       regardless of their status (open,                          The Exchange believes that
                                              proposed definitions for badge or                       canceled, executed, etc.); (ii) view                     memorializing CTI and FIX DROP
                                              mnemonic. The Exchange proposes to                      orders and executions; and (iii)                         within a rule will provide Members
                                              replace the phrase in Rule 718(b)(1)                    download orders and executions for                       with transparency as to the order and
                                              subsection (iii) from Exchange internal                 recordkeeping purposes. TradeInfo                        information offerings available on MRX
                                              firm identifier to proposed definition for              users may also cancel open orders at the                 specific to their trading on MRX. The
                                              account number. The Exchange                            order, port or firm mnemonic level                       Exchange’s proposal to establish
                                              proposes to expand on Rule 718(b)(1)                    through TradeInfo. TradeInfo is offered                  TradeInfo is consistent with the Act
                                              subsection (iv) by replacing the phrase                 today to Members on MRX at no cost.                      because the Exchange is detailing the
                                              ‘‘an indicator which will distinguish                      The Exchange considers it appropriate                 contents of this offering as well as
                                              electronic and non-electronically                       to establish and memorialize the order                   providing transparency as to the
                                              delivered orders’’ with ‘‘information                   and execution information available on                   availability of TradeInfo. The Exchange
                                              which identifies the transaction type                   MRX within a rule so that Members may                    believes that offering Members
                                              (e.g. auction type) for billing purposes.’’             understand the trade information which                   TradeInfo, which allows Members to
                                              Finally, the Exchange is adding an                      is available on the Exchange as it                       view executions as well as other
                                              ‘‘and’’ before Rule 718(b)(1) subsection                pertains to a firm’s trading information.                capabilities with respect to order
                                              (v) ‘‘capacity’’ and changing the                       This data is available to all Members
                                                                                                                                                               management, enhances the ability of a
                                              wording to ‘‘market participant                         and is specific to a Member’s
                                                                                                                                                               Member to manage its orders. The
                                              capacity.’’ The Exchange has                            transactions on MRX.
                                              renumbered the CTI sections to account                                                                           Exchange believes that providing
                                                                                                      2. Statutory Basis                                       Members with tools to manage orders is
                                              for the language that was removed from
                                              the description. Finally, the Exchange is                  The Exchange believes that the                        consistent with the Act and serves to
                                              making a grammatical change and                         proposed rule change is consistent with                  protect investors and the public interest.
                                              adding parenthesis around defined                       Section 6(b) of the Securities Exchange                  Further, the Exchange believes that this
                                              terms. The Exchange is expressing more                  Act of 1934 (the ‘‘Act’’),12 in general,                 proposal is consistent with the Act
                                              specifically the type of data contained                 and furthers the objectives of Section                   because TradeInfo provides information
                                              in CTI.                                                 6(b)(5) of the Act,13 in particular, in that             regarding information available to
                                                                                                      it is designed to promote just and                       market participants, specifically with
                                              FIX DROP                                                equitable principles of trade, to remove                 respect to trades they execute on MRX.
                                                 The Exchange stated in its Prior Filing              impediments to and perfect the                           The information is available to all
                                              that ‘‘FIX DROP provides real-time                      mechanism for a free and open market                     Members.
                                              order and execution update is a message                 and a national market system, and, in
                                              that is sent to a Member after an order                 general, to protect investors and the                    B. Self-Regulatory Organization’s
                                              been received/modified or an execution                  public interest, by providing greater                    Statement on Burden on Competition
                                              has occurred and contains trade details.                transparency as to the order and
                                              The information includes, among other                                                                              In accordance with Section 6(b)(8) of
                                                                                                      execution information offered on MRX.
                                              things, the following: (1) Executions; (2)              Each proposal is described in more                       the Act,14 the Exchange does not believe
                                              cancellations; (3) modifications to an                  detail below.                                            that the proposed rule change will
                                              existing order; and (4) busts or post-                                                                           impose any burden on intermarket or
                                              trade corrections.’’ 11                                 MRX Rule 718(a)                                          intra-market competition that is not
                                                 The Exchange proposes to                               The Exchange’s proposal to amend                       necessary or appropriate in furtherance
                                              memorialize FIX DROP within MRX                         the Nasdaq MRX Top Quote Feed to                         of the purposes of the Act. The
                                              Rule 718(b)(3). The Exchange notes that                 specify that Professional Orders and                     Exchange’s proposal does not impose an
                                              at the end of the first sentence of the                 Priority Customer Orders are segregated                  undue burden on competition, rather
                                              description it is adding ‘‘specific to that             and aggregated is consistent with the                    the Exchange is seeking to provide
                                              Member’’ to make clear that FIX DROP                    protection of investors and the public                   greater transparency within its rules
                                              only provides a Member its specific                     interest because the Exchange is                         with respect to the Nasdaq MRX Top
                                              trade information. Also, an ‘‘and’’ is                  correcting the categories of orders,                     Quote Feed as well as order and
                                                                                                      which are segregated and aggregated.                     execution information offered on MRX.
                                              than one account number. See proposed Rule              The Public Customer definition is too
                                              100(a)(1).                                                                                                       The information is available to all
                                                 9 A ‘‘badge’’ shall mean an account number with
                                                                                                      broad because it includes a portion of                   Members. Specifically, TradeInfo is
                                                                                                      Priority Customer, which was already
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                                              a letter suffix assigned to Market Makers. A Market                                                              available to any Member that requests
                                              Maker account may be associated with multiple           specified within the description. The                    this service. The TradeInfo product will
                                              badges. See proposed Rule 100(a)(5).                    Exchange proposes to remove Public
                                                 10 A ‘‘mnemonic’’ shall mean an acronym                                                                       provide a Member information
                                                                                                      Customer and replace it with
                                              comprised of letters and/or numbers assigned to                                                                  regarding that Member’s executions.
                                              Electronic Access Members. An Electronic Access         Professional Order to be more specific
                                              Member account may be associated with multiple
                                              mnemonics. See proposed Rule 100(a)(34).                  12 15   U.S.C. 78f(b).
                                                 11 Id.                                                 13 15   U.S.C. 78f(b)(5).                               14 15   U.S.C. 78f(b)(8).



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                                                                                 Federal Register / Vol. 83, No. 111 / Friday, June 8, 2018 / Notices                                                 26719

                                              C. Self-Regulatory Organization’s                         Therefore, the Commission hereby                      Washington, DC 20549, on official
                                              Statement on Comments on the                              waives the 30-day operative delay and                 business days between the hours of
                                              Proposed Rule Change Received From                        designates the proposed rule change as                10:00 a.m. and 3:00 p.m. Copies of the
                                              Members, Participants, or Others                          operative upon filing.19                              filing also will be available for
                                                                                                           At any time within 60 days of the                  inspection and copying at the principal
                                                No written comments were either
                                                                                                        filing of the proposed rule change, the               office of the Exchange. All comments
                                              solicited or received.
                                                                                                        Commission summarily may                              received will be posted without change.
                                              III. Date of Effectiveness of the                         temporarily suspend such rule change if               Persons submitting comments are
                                              Proposed Rule Change and Timing for                       it appears to the Commission that such                cautioned that we do not redact or edit
                                              Commission Action                                         action is: (i) Necessary or appropriate in            personal identifying information from
                                                 Because the foregoing proposed rule                    the public interest; (ii) for the protection          comment submissions. You should
                                              change does not: (i) Significantly affect                 of investors; or (iii) otherwise in                   submit only information that you wish
                                              the protection of investors or the public                 furtherance of the purposes of the Act.               to make available publicly. All
                                              interest; (ii) impose any significant                     If the Commission takes such action, the              submissions should refer to File
                                              burden on competition; and (iii) become                   Commission shall institute proceedings                Number SR–MRX–2018–16 and should
                                              operative for 30 days from the date on                    to determine whether the proposed rule                be submitted on or before June 29, 2018.
                                              which it was filed, or such shorter time                  should be approved or disapproved.
                                                                                                                                                                For the Commission, by the Division of
                                              as the Commission may designate, it has                   IV. Solicitation of Comments                          Trading and Markets, pursuant to delegated
                                              become effective pursuant to Section                                                                            authority.20
                                                                                                          Interested persons are invited to
                                              19(b)(3)(A)(iii) of the Act 15 and                        submit written data, views, and                       Eduardo A. Aleman,
                                              subparagraph (f)(6) of Rule 19b–4                         arguments concerning the foregoing,                   Assistant Secretary.
                                              thereunder.16                                             including whether the proposed rule                   [FR Doc. 2018–12318 Filed 6–7–18; 8:45 am]
                                                 A proposed rule change filed under                     change is consistent with the Act.                    BILLING CODE 8011–01–P
                                              Rule 19b–4(f)(6) 17 normally does not                     Comments may be submitted by any of
                                              become operative prior to 30 days after                   the following methods:
                                              the date of the filing. However, Rule                                                                           SECURITIES AND EXCHANGE
                                              19b–4(f)(6)(iii) 18 permits the                           Electronic Comments                                   COMMISSION
                                              Commission to designate a shorter time                      • Use the Commission’s internet
                                              if such action is consistent with the                     comment form (http://www.sec.gov/                     [Release No. 34–83367; File No. SR–BOX–
                                              protection of investors and the public                    rules/sro.shtml); or                                  2018–14]
                                              interest. The Exchange has asked the                        • Send an email to rule-comments@
                                              Commission to waive the 30-day                                                                                  Self-Regulatory Organizations; BOX
                                                                                                        sec.gov. Please include File Number SR–
                                              operative delay so that the proposed                                                                            Options Exchange LLC; Notice of
                                                                                                        MRX–2018–16 on the subject line.
                                              rule change may become effective and                                                                            Filing of Proposed Rule Change To
                                                                                                        Paper Comments                                        Adopt Rules Governing the Trading of
                                              operative immediately upon filing. The
                                              Exchange states that waiver of the                          • Send paper comments in triplicate                 Complex Qualified Contingent Cross
                                              operative delay will allow the Exchange                   to Secretary, Securities and Exchange                 and Complex Customer Cross Orders
                                              to correct the Nasdaq MRX Top Quote                       Commission, 100 F Street NE,                          June 4, 2018.
                                              Feed and update its rules immediately                     Washington, DC 20549–1090.                               Pursuant to Section 19(b)(1) of the
                                              regarding order and execution                             All submissions should refer to File                  Securities Exchange Act of 1934 (the
                                              information offered on MRX. The                           Number SR–MRX–2018–16. This file                      ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                              Exchange further states that it believes                  number should be included on the                      notice is hereby given that on May 22,
                                              the waiver will further the protection of                 subject line if email is used. To help the            2018, BOX Options Exchange LLC (the
                                              investors and the public interest                         Commission process and review your                    ‘‘Exchange’’) filed with the Securities
                                              because it will provide greater                           comments more efficiently, please use                 and Exchange Commission
                                              transparency as to the Nasdaq MRX Top                     only one method. The Commission will                  (‘‘Commission’’) the proposed rule
                                              Quote Feed as well as trade detail                        post all comments on the Commission’s                 change as described in Items I and II
                                              available to market participants.                         internet website (http://www.sec.gov/                 below, which Items have been prepared
                                              Further, the Exchange states that                         rules/sro.shtml). Copies of the                       by the self-regulatory organization. The
                                              memorializing TradeInfo will provide                      submission, all subsequent                            Commission is publishing this notice to
                                              Members with greater information                          amendments, all written statements                    solicit comments on the proposed rule
                                              concerning a Member’s executions on                       with respect to the proposed rule                     change from interested persons.
                                              MRX and make its availability                             change that are filed with the
                                              transparent. The Commission believes                      Commission, and all written                           I. Self-Regulatory Organization’s
                                              that waiver of the 30-day operative                       communications relating to the                        Statement of the Terms of the Substance
                                              delay is consistent with the protection                   proposed rule change between the                      of the Proposed Rule Change
                                              of investors and the public interest.                     Commission and any person, other than                   The Exchange proposes to adopt rules
                                                                                                        those that may be withheld from the                   governing the trading of Complex
                                                15 15  U.S.C. 78s(b)(3)(A)(iii).                        public in accordance with the                         Qualified Contingent Cross and
                                                16 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–      provisions of 5 U.S.C. 552, will be                   Complex Customer Cross Orders. The
                                              4(f)(6)(iii) requires a self-regulatory organization to   available for website viewing and                     text of the proposed rule change is
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                                              give the Commission written notice of its intent to
                                              file the proposed rule change, along with a brief         printing in the Commission’s Public                   available from the principal office of the
                                              description and text of the proposed rule change,         Reference Room, 100 F Street NE,                      Exchange, at the Commission’s Public
                                              at least five business days prior to the date of filing                                                         Reference Room and also on the
                                              of the proposed rule change, or such shorter time            19 For purposes only of waiving the 30-day
                                              as designated by the Commission. The Exchange             operative delay, the Commission has also
                                              has satisfied this requirement.                           considered the proposed rule’s impact on
                                                                                                                                                                20 17 CFR 200.30–3(a)(12).
                                                 17 17 CFR 240.19b–4(f)(6).                                                                                     1 15 U.S.C. 78s(b)(1).
                                                                                                        efficiency, competition, and capital formation. See
                                                 18 17 CFR 240.19b–4(f)(6)(iii).                        15 U.S.C. 78c(f).                                       2 17 CFR 240.19b–4.




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Document Created: 2018-06-08 01:22:35
Document Modified: 2018-06-08 01:22:35
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 26717 

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