83_FR_36784 83 FR 36638 - Self-Regulatory Organizations; Nasdaq BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Adopt a Rule Concerning Handling of No Bid Options and To Clarify the Operation of Chapter V, Section 3, Entitled “Trading Halts”

83 FR 36638 - Self-Regulatory Organizations; Nasdaq BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Adopt a Rule Concerning Handling of No Bid Options and To Clarify the Operation of Chapter V, Section 3, Entitled “Trading Halts”

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 146 (July 30, 2018)

Page Range36638-36640
FR Document2018-16165

Federal Register, Volume 83 Issue 146 (Monday, July 30, 2018)
[Federal Register Volume 83, Number 146 (Monday, July 30, 2018)]
[Notices]
[Pages 36638-36640]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-16165]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83700; File No. SR-BX-2018-033]


Self-Regulatory Organizations; Nasdaq BX, Inc.; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Adopt a Rule 
Concerning Handling of No Bid Options and To Clarify the Operation of 
Chapter V, Section 3, Entitled ``Trading Halts''

July 24, 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 July 13, 2018 Nasdaq BX, Inc. (``BX'' or ``Exchange'') filed with 
the Securities and Exchange Commission (``SEC'' or ``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 amend Chapter V, Section 3, entitled 
``Trading Halts'' and Chapter VI, Section 6, entitled ``Acceptance of 
Quotes and Orders.''
    The text of the proposed rule change is available on the Exchange's 
website at http://nasdaqbx.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.

[[Page 36639]]

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

1. Purpose
    The Exchange proposes to amend Chapter V, Section 3, entitled 
``Trading Halts'' to add more specificity concerning auctions during a 
trading halt and remove unnecessary rule text. The Exchange proposes to 
adopt a zero bid options rule on BX within Chapter VI, Section 6, 
entitled ``Acceptance of Quotes and Orders.'' Each proposal is 
described in more detail below.
Chapter V, Section 3
    The Exchange proposes to amend Chapter V, Section 3(a)(vi)(B) to 
add a sentence which provides, ``Auction orders and responses are 
rejected during a halt.'' The Exchange notes that today, during a 
trading halt, the Exchange does not commence an auction. This proposed 
rule text will make clear how auction orders and auction responses are 
handled during a trading halt.
    The Exchange proposes to amend Chapter V, Section 3(b), which 
currently provides, ``In the event BX Regulation determines to halt 
trading, all trading in the effected class or classes of options shall 
be halted. BX Options shall disseminate through its trading facilities 
and over OPRA a symbol with respect to such class or classes of options 
indicating that trading has been halted, and a record of the time and 
duration of the halt shall be made available to vendors.'' The Exchange 
proposes to remove the words ``such class or'' in both places from this 
sentence because the Exchange only disseminates over OPRA a symbol with 
respect to classes of options to indicate a trading halt. Today, the 
Exchange halts symbol by symbol; all classes or every option would be 
halted. By amending this rule, the Exchange will add more transparency 
as to how it determines to halt trading and disseminates information 
regarding trading halts.
Chapter VI, Section 6
    Today, the Exchange does not have a rule for the handling of 
options with no bid or zero bid options. The Exchange's handling of 
zero bid options on BX is identical to the manner in which zero bid is 
handled on Phlx.\3\ The Exchange proposes to add this new rule to 
Chapter VI, Section 6(a)(3). The new rule would provide, ``In the case 
where the bid price for any options contract is $0.00, a market order 
accepted into the System to sell that series shall be considered a 
limit order to sell at a price equal to the minimum trading increment 
as defined in Chapter VI, Section 5. Orders will be placed on the limit 
order book in the order in which they were received by the System. With 
respect to market orders to sell which are submitted prior to the 
Opening and persist after the Opening, those orders are posted at a 
price equal to the minimum trading increment as defined in Chapter VI, 
Section 5.''
---------------------------------------------------------------------------

    \3\ See Phlx Rule 1035.
---------------------------------------------------------------------------

    The Exchange intends to accept and convert market orders to sell 
allowing them an equal opportunity to trade if interest should arrive 
in the case of a no bid option. The Exchange notes that the orders 
would rest on the Order Book at the minimum price increment. The 
Exchange notes market orders ``accepted into the System'' would be 
converted to account for market orders that may not be accepted into 
the System due to Limit Up-Limit Down restrictions, which may prevent 
the market order from being accepted.\4\ Only after acceptance into the 
System will market orders be treated as a sell limit order at a price 
equal to the minimum trading increment.
---------------------------------------------------------------------------

    \4\ The Limit Up-Limit Down requirements must be met first 
before the proposed rule would apply.
---------------------------------------------------------------------------

    Further, the Exchange proposes to add rule text, which provides 
``Orders will be placed on the limit order book in the order in which 
they were received by the System.'' \5\ The Exchange proposes to note 
that with respect to market orders to sell in zero bid options, which 
are submitted prior to the Opening Process \6\ and persist after the 
Opening Process, those orders are posted at a price equal to the 
minimum trading increment as defined in Chapter VI, Section 5.\7\ The 
Exchange's proposed rule will provide market participants with greater 
insight into the handling of orders where there is a zero bid. The 
Exchange believes that this proposed amendment will accurately describe 
the manner in which a zero-bid options series operates within the 
System both before and after the Opening Process.
---------------------------------------------------------------------------

    \5\ The time of receipt for an order is the time such message is 
processed by the System.
    \6\ The Exchange's Opening Process is described within Chapter 
VI, Section 8.
    \7\ Chapter VI, Section 5, entitled ``Minimum Increments'' 
provides for the minimum increments of trading.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Securities Exchange Act of 1934,\8\ in 
general, and furthers the objectives of Section 6(b)(5) of the Act,\9\ 
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.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

Chapter V, Section 3
    The Exchange is providing greater transparency as to the manner in 
which auctions are handled during a trading halt and the manner in 
which the Exchange determines to halt trading and disseminates 
information over OPRA during a trading halt. The Exchange believes that 
this rule text is consistent with the Act and the protection of 
investors and the public interest because it brings greater clarity to 
the manner in which trading halts function and what type of information 
is provided during a halt.
Chapter VI, Section 6
    The Exchange's proposal to adopt a zero bid rule is consistent with 
the Act and designed to promote just and equitable principles of trade 
and to protect investors and the public interest by adopting text which 
describes the handling of zero-bid options. The Exchange is treating 
all market orders to sell in zero bid options in the same fashion by 
converting all those orders, provided that the Exchange's disseminated 
bid price in such option is zero for an option listed only on the 
Exchange or, for an option listed on multiple exchanges and the 
disseminated NBBO includes a bid price of zero in the series. Market 
orders to sell in zero bid options will be placed on the limit order 
book in the order in which they were received by the System. The 
Exchange desires to prevent members from submitting market orders to 
sell in no bid series, which would execute at a price of $0.00. The 
Exchange believes that the proposed rule will achieve this objective 
and continue to permit the Exchange to execute orders within its System 
at prices that reflect some value. Adding rule text regarding market 
orders to sell in zero bid options submitted prior to the Opening 
Process and persisting after the Opening Process is consistent with the 
Act because it provides more transparency as to the operation of this 
rule and as to how those market orders to sell in zero bid options will 
be handled by the System. Further, the Exchange believes that 
memorializing its current practice within the rule text will bring more 
clarity to the manner in which the zero bid rule operates to the 
benefits of all market participants.

[[Page 36640]]

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

    In accordance with Section 6(b)(8) of the Act,\10\ 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.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

Chapter V, Section 3
    The Exchange's proposal to amend Chapter V, Section 3(a)(vi)(B) to 
make clear how auction orders and auction responses are handled during 
a trading halt and amend Chapter V, Section 3 to more specifically 
describe how the Exchange determines to halt trading as well as the 
information disseminated during a trading halt do not impose an undue 
burden on competition because the amendments add more transparency to 
the trading halt rule.
Chapter VI, Section 6
    The Exchange's proposal to adopt a zero bid options rule does not 
impose an undue burden on competition because the proposed rule change 
will continue to apply uniformly for all market participants who enter 
market orders to sell into the System when there is a zero-bid options.

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

    The Exchange has filed the proposed rule change pursuant to Section 
19(b)(3)(A)(iii) of the Act \11\ and Rule 19b-4(f)(6) thereunder.\12\ 
Because the proposed rule change does not: (i) Significantly affect the 
protection of investors or the public interest; (ii) impose any 
significant burden on competition; and (iii) become operative for 30 
days from the date on which it was filed, or such shorter time as the 
Commission may designate, if consistent with the protection of 
investors and the public interest, the proposed rule change has become 
effective pursuant to Section 19(b)(3)(A) of the Act \13\ and Rule 19b-
4(f)(6) thereunder.\14\
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \12\ 17 CFR 240.19b-4(f)(6).
    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \15\ normally 
does not become operative prior to 30 days after the date of the 
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\16\ the Commission 
may 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 operative immediately. The Commission believes 
that waiving the 30-day operative delay is consistent with the 
protection of investors and the public interest because the proposal 
raises no novel issues. Specifically, as the Exchange noted in its 
proposal, the provisions on the handling of zero bid options are the 
same as Rule 1035 of Nasdaq PHLX LLC and the changes to the trading 
halt rules clarify that the Exchange rejects auction orders and 
responses during a trading halt, which is consistent with the fact that 
the Exchange does not commence auctions during trading halts. Further, 
the proposal conforms a minor reference in the trading halt rules to 
better reflect the fact that the Exchange halts trading on a symbol-by-
symbol basis. For these reasons, the Commission hereby waives the 30-
day operative delay and designates the proposal operative upon 
filing.\17\
---------------------------------------------------------------------------

    \15\ Id.
    \16\ 17 CFR 240.19b-4(f)(6)(iii).
    \17\ For purposes only of waiving the 30-day operative delay, 
the Commission has considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-BX-2018-033 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-BX-2018-033. 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 offices 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-BX-2018-033, and should be submitted on 
or before August 20, 2018.
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    \18\ 17 CFR 200.30-3(a)(12), (59).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\18\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-16165 Filed 7-27-18; 8:45 am]
 BILLING CODE 8011-01-P



                                               36638                           Federal Register / Vol. 83, No. 146 / Monday, July 30, 2018 / Notices

                                               timely basis, and its use of intraday                    (iii) a daily minimum liquidity buffer;                 SECURITIES AND EXCHANGE
                                               liquidity.                                               and (iv) required cash collateral. The                  COMMISSION
                                                  Moreover, by using the liquidity ratio                Framework would describe how these
                                               to determine in advance the liquidity                    metrics would be calculated for each                    [Release No. 34–83700; File No. SR–BX–
                                               needs of LCH SA arising from the                         day over a maximum of a 5 day liquidity                 2018–033]
                                               default of at least two clearing group                   period and how the liquidity coverage
                                               members to which LCH SA has the                          ratio, monthly rolling average liquidity                Self-Regulatory Organizations; Nasdaq
                                               largest exposures during the 5 days                      buffer, and daily minimum liquidity                     BX, Inc.; Notice of Filing and
                                               following default, the Commission                        buffer would be reported to LCH SA                      Immediate Effectiveness of Proposed
                                               believes the Framework would enhance                     senior management daily.                                Rule Change To Adopt a Rule
                                               LCH SA’s ability to determine whether
                                               it has sufficient resources to meet its                     The Commission believes that the                     Concerning Handling of No Bid
                                               liquidity needs should such a default                    metrics provided by the Framework                       Options and To Clarify the Operation
                                               occur. The Commission believes that                      would help LCH SA determine the                         of Chapter V, Section 3, Entitled
                                               this would, in turn, enable LCH SA to                    amount and regularly test the                           ‘‘Trading Halts’’
                                               avoid any potential disruptions to its                   sufficiency of LCH SA’s liquid
                                                                                                        resources. The Commission believes                      July 24, 2018.
                                               operations caused by such liquidity
                                               needs arising from such a default. The                   that the liquidity coverage ratio, for                     Pursuant to Section 19(b)(1) of the
                                               Commission therefore believes that the                   example, would provide LCH SA senior                    Securities Exchange Act of 1934
                                               Framework would enable LCH SA to                         management a view to LCH SA’s                           (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                               maintain sufficient liquid resources to                  liquidity needs in stressed conditions                  notice is hereby given that on July 13,
                                               effect settlement of its payment                         arising from a default of at least two                  2018 Nasdaq BX, Inc. (‘‘BX’’ or
                                               obligations under a wide range of                        clearing group members to which LCH                     ‘‘Exchange’’) filed with the Securities
                                               foreseeable stress scenarios, including                  SA has the largest exposures. As                        and Exchange Commission (‘‘SEC’’ or
                                               the default of the participant family that               discussed above, the Framework would                    ‘‘Commission’’) the proposed rule
                                               would generate the largest aggregate                     require the calculation and reporting of                change as described in Items I and II
                                               payment obligation for LCH SA in                         the liquidity coverage ratio daily. The                 below, which Items have been prepared
                                               extreme but plausible market                             Commission believes the other metrics                   by the Exchange. The Commission is
                                               conditions.                                              described above would similarly test,                   publishing this notice to solicit
                                                  Therefore, for the above reasons the                  and provide LCH SA senior                               comments on the proposed rule change
                                               Commission finds that the proposed                       management insight regarding, the                       from interested persons.
                                               rule change is consistent with Rule                      sufficiency of LCH SA’s liquid
                                               17Ad–22(e)(7)(i).36                                      resources.                                              I. Self-Regulatory Organization’s
                                               C. Consistency With Rule 17Ad–                                                                                   Statement of the Terms of Substance of
                                                                                                           For the above reasons, the
                                               22(e)(7)(vi) of the Act                                  Commission therefore finds that the                     the Proposed Rule Change
                                                  Rule 17Ad–22(e)(7)(vi) requires that                  proposed rule change is consistent with                    The Exchange proposes to amend
                                               LCH SA establish, implement, maintain                    Rule 17Ad–22(e)(7)(vi).39                               Chapter V, Section 3, entitled ‘‘Trading
                                               and enforce written policies and                         III. Conclusion                                         Halts’’ and Chapter VI, Section 6,
                                               procedures reasonably designed to                                                                                entitled ‘‘Acceptance of Quotes and
                                               effectively measure, monitor, and                          On the basis of the foregoing, the                    Orders.’’
                                               manage the liquidity risk that arises in                 Commission finds that the proposed                         The text of the proposed rule change
                                               or is borne by LCH SA, including                         rule change is consistent with the                      is available on the Exchange’s website at
                                               measuring, monitoring, and managing                      requirements of the Act, and in
                                               its settlement and funding flows on an                                                                           http://nasdaqbx.cchwallstreet.com/, at
                                                                                                        particular, Section 17A(b)(3)(F) of the                 the principal office of the Exchange, and
                                               ongoing and timely basis, and its use of                 Act 40 and Rules 17Ad–22(e)(7)(i) and
                                               intraday liquidity by determining the                                                                            at the Commission’s Public Reference
                                                                                                        (vi) thereunder.41
                                               amount and regularly testing the                                                                                 Room.
                                                                                                          It is therefore ordered pursuant to
                                               sufficiency of the liquid resources held                                                                         II. Self-Regulatory Organization’s
                                                                                                        Section 19(b)(2) of the Act that the
                                               for purposes of meeting the minimum                                                                              Statement of the Purpose of, and
                                               liquid resource requirement under Rule                   proposed rule change (SR–LCH SA–
                                                                                                        2018–003) be, and hereby is,                            Statutory Basis for, the Proposed Rule
                                               17Ad–22(e)(7)(i) 37 by, among other                                                                              Change
                                               things, conducting stress testing of its                 approved.42
                                               liquidity resources at least once each                     For the Commission by the Division of                   In its filing with the Commission, the
                                               day using standard and predetermined                     Trading and Markets, pursuant to delegated              Exchange included statements
                                               parameters and assumptions.38                            authority.43                                            concerning the purpose of and basis for
                                                  As discussed above, the Framework                     Eduardo A. Aleman,                                      the proposed rule change and discussed
                                               would describe the metrics LCH SA                        Assistant Secretary.                                    any comments it received on the
                                               would use to quantify its liquidity                                                                              proposed rule change. The text of these
                                                                                                        [FR Doc. 2018–16168 Filed 7–27–18; 8:45 am]
                                               needs, and the tests and reports LCH SA                                                                          statements may be examined at the
                                                                                                        BILLING CODE 8011–01–P
                                               would use to confirm that its sources of
                                                                                                                                                                places specified in Item IV below. The
                                               liquidity can satisfy those liquidity
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                             39 17
                                                                                                                 CFR 240.17Ad–22(e)(7)(vi).                     Exchange has prepared summaries, set
                                               needs. These metrics would include: (i)
                                                                                                             40 15
                                                                                                                 U.S.C. 78q–1(b)(3)(F).                         forth in sections A, B, and C below, of
                                               The liquidity coverage ratio; (ii) a
                                               monthly rolling average liquidity buffer;
                                                                                                           41 17 CFR 240.17Ad–22(e)(7)(i), (vi).                the most significant aspects of such
                                                                                                           42 In approving the proposed rule change, the
                                                                                                                                                                statements.
                                                                                                        Commission considered the proposal’s impacts on
                                                 36 17 CFR 240.17Ad–22(e)(7)(i).                        efficiency, competition, and capital formation. 15
                                                 37 17                                                                                                            1 15   U.S.C. 78s(b)(1).
                                                       CFR 240.17Ad–22(e)(7)(i).                        U.S.C. 78c(f).
                                                 38 17 CFR 240.17Ad–22(e)(7)(vi).                          43 17 CFR 200.30–3(a)(12).                             2 17   CFR 240.19b–4.



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                                                                                 Federal Register / Vol. 83, No. 146 / Monday, July 30, 2018 / Notices                                            36639

                                               A. Self-Regulatory Organization’s                          limit order to sell at a price equal to the           in particular, in that it is designed to
                                               Statement of the Purpose of, and                           minimum trading increment as defined                  promote just and equitable principles of
                                               Statutory Basis for, the Proposed Rule                     in Chapter VI, Section 5. Orders will be              trade, to remove impediments to and
                                               Change                                                     placed on the limit order book in the                 perfect the mechanism for a free and
                                                                                                          order in which they were received by                  open market and a national market
                                               1. Purpose
                                                                                                          the System. With respect to market                    system, and, in general, to protect
                                                  The Exchange proposes to amend                          orders to sell which are submitted prior              investors and the public interest.
                                               Chapter V, Section 3, entitled ‘‘Trading                   to the Opening and persist after the
                                               Halts’’ to add more specificity                                                                                  Chapter V, Section 3
                                                                                                          Opening, those orders are posted at a
                                               concerning auctions during a trading                       price equal to the minimum trading                       The Exchange is providing greater
                                               halt and remove unnecessary rule text.                     increment as defined in Chapter VI,                   transparency as to the manner in which
                                               The Exchange proposes to adopt a zero                      Section 5.’’                                          auctions are handled during a trading
                                               bid options rule on BX within Chapter                         The Exchange intends to accept and                 halt and the manner in which the
                                               VI, Section 6, entitled ‘‘Acceptance of                    convert market orders to sell allowing                Exchange determines to halt trading and
                                               Quotes and Orders.’’ Each proposal is                      them an equal opportunity to trade if                 disseminates information over OPRA
                                               described in more detail below.                            interest should arrive in the case of a no            during a trading halt. The Exchange
                                               Chapter V, Section 3                                       bid option. The Exchange notes that the               believes that this rule text is consistent
                                                                                                          orders would rest on the Order Book at                with the Act and the protection of
                                                  The Exchange proposes to amend                          the minimum price increment. The                      investors and the public interest
                                               Chapter V, Section 3(a)(vi)(B) to add a                    Exchange notes market orders ‘‘accepted               because it brings greater clarity to the
                                               sentence which provides, ‘‘Auction                         into the System’’ would be converted to               manner in which trading halts function
                                               orders and responses are rejected during                   account for market orders that may not                and what type of information is
                                               a halt.’’ The Exchange notes that today,                   be accepted into the System due to                    provided during a halt.
                                               during a trading halt, the Exchange does                   Limit Up-Limit Down restrictions,
                                               not commence an auction. This                              which may prevent the market order                    Chapter VI, Section 6
                                               proposed rule text will make clear how                     from being accepted.4 Only after                         The Exchange’s proposal to adopt a
                                               auction orders and auction responses                       acceptance into the System will market                zero bid rule is consistent with the Act
                                               are handled during a trading halt.                         orders be treated as a sell limit order at            and designed to promote just and
                                                  The Exchange proposes to amend
                                                                                                          a price equal to the minimum trading                  equitable principles of trade and to
                                               Chapter V, Section 3(b), which currently
                                                                                                          increment.                                            protect investors and the public interest
                                               provides, ‘‘In the event BX Regulation
                                                                                                            Further, the Exchange proposes to add               by adopting text which describes the
                                               determines to halt trading, all trading in
                                                                                                          rule text, which provides ‘‘Orders will               handling of zero-bid options. The
                                               the effected class or classes of options
                                                                                                          be placed on the limit order book in the              Exchange is treating all market orders to
                                               shall be halted. BX Options shall
                                                                                                          order in which they were received by                  sell in zero bid options in the same
                                               disseminate through its trading facilities
                                                                                                          the System.’’ 5 The Exchange proposes                 fashion by converting all those orders,
                                               and over OPRA a symbol with respect
                                                                                                          to note that with respect to market                   provided that the Exchange’s
                                               to such class or classes of options
                                                                                                          orders to sell in zero bid options, which             disseminated bid price in such option is
                                               indicating that trading has been halted,
                                                                                                          are submitted prior to the Opening                    zero for an option listed only on the
                                               and a record of the time and duration of
                                                                                                          Process 6 and persist after the Opening               Exchange or, for an option listed on
                                               the halt shall be made available to
                                                                                                          Process, those orders are posted at a                 multiple exchanges and the
                                               vendors.’’ The Exchange proposes to
                                                                                                          price equal to the minimum trading                    disseminated NBBO includes a bid price
                                               remove the words ‘‘such class or’’ in
                                                                                                          increment as defined in Chapter VI,                   of zero in the series. Market orders to
                                               both places from this sentence because
                                                                                                          Section 5.7 The Exchange’s proposed                   sell in zero bid options will be placed
                                               the Exchange only disseminates over
                                                                                                          rule will provide market participants                 on the limit order book in the order in
                                               OPRA a symbol with respect to classes
                                                                                                          with greater insight into the handling of             which they were received by the
                                               of options to indicate a trading halt.
                                                                                                          orders where there is a zero bid. The                 System. The Exchange desires to
                                               Today, the Exchange halts symbol by
                                                                                                          Exchange believes that this proposed                  prevent members from submitting
                                               symbol; all classes or every option
                                                                                                          amendment will accurately describe the                market orders to sell in no bid series,
                                               would be halted. By amending this rule,
                                                                                                          manner in which a zero-bid options                    which would execute at a price of $0.00.
                                               the Exchange will add more
                                                                                                          series operates within the System both                The Exchange believes that the
                                               transparency as to how it determines to
                                                                                                          before and after the Opening Process.                 proposed rule will achieve this objective
                                               halt trading and disseminates
                                                                                                          2. Statutory Basis                                    and continue to permit the Exchange to
                                               information regarding trading halts.
                                                                                                                                                                execute orders within its System at
                                               Chapter VI, Section 6                                         The Exchange believes that the                     prices that reflect some value. Adding
                                                                                                          proposed rule change is consistent with rule text regarding market orders to sell
                                                 Today, the Exchange does not have a
                                                                                                          Section 6(b) of the Securities Exchange               in zero bid options submitted prior to
                                               rule for the handling of options with no
                                                                                                          Act of 1934,8 in general, and furthers the the Opening Process and persisting after
                                               bid or zero bid options. The Exchange’s
                                                                                                          objectives of Section 6(b)(5) of the Act,9 the Opening Process is consistent with
                                               handling of zero bid options on BX is
                                               identical to the manner in which zero                                                                            the Act because it provides more
                                                                                                            4 The Limit Up-Limit Down requirements must be
                                               bid is handled on Phlx.3 The Exchange                                                                            transparency as to the operation of this
                                                                                                          met first before the proposed rule would apply.
                                               proposes to add this new rule to Chapter                     5 The time of receipt for an order is the time such rule and as to how those market orders
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                                               VI, Section 6(a)(3). The new rule would                    message is processed by the System.                   to sell in zero bid options will be
                                               provide, ‘‘In the case where the bid                         6 The Exchange’s Opening Process is described       handled by the System. Further, the
                                               price for any options contract is $0.00,                   within Chapter VI, Section 8.                         Exchange believes that memorializing
                                                                                                            7 Chapter VI, Section 5, entitled ‘‘Minimum
                                               a market order accepted into the System                                                                          its current practice within the rule text
                                                                                                          Increments’’ provides for the minimum increments
                                               to sell that series shall be considered a                  of trading.
                                                                                                                                                                will bring more clarity to the manner in
                                                                                                            8 15 U.S.C. 78f(b).                                 which the zero bid rule operates to the
                                                 3 See   Phlx Rule 1035.                                    9 15 U.S.C. 78f(b)(5).                              benefits of all market participants.


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                                               36640                               Federal Register / Vol. 83, No. 146 / Monday, July 30, 2018 / Notices

                                               B. Self-Regulatory Organization’s                            A proposed rule change filed under                     • Send an email to rule-comments@
                                               Statement on Burden on Competition                        Rule 19b–4(f)(6) 15 normally does not                   sec.gov. Please include File Number SR–
                                                                                                         become operative prior to 30 days after                 BX–2018–033 on the subject line.
                                                 In accordance with Section 6(b)(8) of
                                                                                                         the date of the filing. However, pursuant
                                               the Act,10 the Exchange does not believe                                                                          Paper Comments
                                                                                                         to Rule 19b–4(f)(6)(iii),16 the
                                               that the proposed rule change will
                                                                                                         Commission may designate a shorter                        • Send paper comments in triplicate
                                               impose any burden on intermarket or                       time if such action is consistent with the
                                               intra-market competition that is not                                                                              to Secretary, Securities and Exchange
                                                                                                         protection of investors and the public
                                               necessary or appropriate in furtherance                                                                           Commission, 100 F Street NE,
                                                                                                         interest. The Exchange has asked the
                                               of the purposes of the Act.                               Commission to waive the 30-day                          Washington, DC 20549–1090.
                                               Chapter V, Section 3                                      operative delay so that the proposed                    All submissions should refer to File
                                                                                                         rule change may become operative                        Number SR–BX–2018–033. This file
                                                 The Exchange’s proposal to amend                        immediately. The Commission believes
                                               Chapter V, Section 3(a)(vi)(B) to make                                                                            number should be included on the
                                                                                                         that waiving the 30-day operative delay                 subject line if email is used. To help the
                                               clear how auction orders and auction                      is consistent with the protection of
                                               responses are handled during a trading                                                                            Commission process and review your
                                                                                                         investors and the public interest                       comments more efficiently, please use
                                               halt and amend Chapter V, Section 3 to                    because the proposal raises no novel
                                               more specifically describe how the                                                                                only one method. The Commission will
                                                                                                         issues. Specifically, as the Exchange
                                               Exchange determines to halt trading as                                                                            post all comments on the Commission’s
                                                                                                         noted in its proposal, the provisions on
                                               well as the information disseminated                                                                              internet website (http://www.sec.gov/
                                                                                                         the handling of zero bid options are the
                                               during a trading halt do not impose an                    same as Rule 1035 of Nasdaq PHLX LLC                    rules/sro.shtml). Copies of the
                                               undue burden on competition because                       and the changes to the trading halt rules               submission, all subsequent
                                               the amendments add more transparency                      clarify that the Exchange rejects auction               amendments, all written statements
                                               to the trading halt rule.                                 orders and responses during a trading                   with respect to the proposed rule
                                                                                                         halt, which is consistent with the fact                 change that are filed with the
                                               Chapter VI, Section 6
                                                                                                         that the Exchange does not commence                     Commission, and all written
                                                 The Exchange’s proposal to adopt a                      auctions during trading halts. Further,                 communications relating to the
                                               zero bid options rule does not impose                     the proposal conforms a minor reference                 proposed rule change between the
                                               an undue burden on competition                            in the trading halt rules to better reflect             Commission and any person, other than
                                               because the proposed rule change will                     the fact that the Exchange halts trading                those that may be withheld from the
                                               continue to apply uniformly for all                       on a symbol-by-symbol basis. For these                  public in accordance with the
                                               market participants who enter market                      reasons, the Commission hereby waives                   provisions of 5 U.S.C. 552, will be
                                               orders to sell into the System when                       the 30-day operative delay and                          available for website viewing and
                                               there is a zero-bid options.                              designates the proposal operative upon                  printing in the Commission’s Public
                                               C. Self-Regulatory Organization’s                         filing.17                                               Reference Room, 100 F Street NE,
                                               Statement on Comments on the                                 At any time within 60 days of the                    Washington, DC 20549 on official
                                               Proposed Rule Change Received From                        filing of the proposed rule change, the
                                                                                                                                                                 business days between the hours of
                                               Members, Participants, or Others                          Commission summarily may
                                                                                                                                                                 10:00 a.m. and 3:00 p.m. Copies of the
                                                                                                         temporarily suspend such rule change if
                                                 No written comments were either                         it appears to the Commission that such                  filing also will be available for
                                               solicited or received.                                    action is necessary or appropriate in the               inspection and copying at the principal
                                                                                                         public interest, for the protection of                  offices of the Exchange. All comments
                                               III. Date of Effectiveness of the                                                                                 received will be posted without change.
                                                                                                         investors, or otherwise in furtherance of
                                               Proposed Rule Change and Timing for                                                                               Persons submitting comments are
                                                                                                         the purposes of the Act. If the
                                               Commission Action                                                                                                 cautioned that we do not redact or edit
                                                                                                         Commission takes such action, the
                                                  The Exchange has filed the proposed                    Commission shall institute proceedings                  personal identifying information from
                                               rule change pursuant to Section                           to determine whether the proposed rule                  comment submissions. You should
                                               19(b)(3)(A)(iii) of the Act 11 and Rule                   change should be approved or                            submit only information that you wish
                                               19b–4(f)(6) thereunder.12 Because the                     disapproved.                                            to make available publicly. All
                                               proposed rule change does not: (i)                        IV. Solicitation of Comments                            submissions should refer to File
                                               Significantly affect the protection of                                                                            Number SR–BX–2018–033, and should
                                               investors or the public interest; (ii)                      Interested persons are invited to                     be submitted on or before August 20,
                                               impose any significant burden on                          submit written data, views, and                         2018.
                                               competition; and (iii) become operative                   arguments concerning the foregoing,
                                                                                                         including whether the proposed rule                       For the Commission, by the Division of
                                               for 30 days from the date on which it
                                                                                                         change is consistent with the Act.                      Trading and Markets, pursuant to delegated
                                               was filed, or such shorter time as the
                                                                                                         Comments may be submitted by any of                     authority.18
                                               Commission may designate, if
                                               consistent with the protection of                         the following methods:                                  Eduardo A. Aleman,
                                               investors and the public interest, the                                                                            Assistant Secretary.
                                                                                                         Electronic Comments
                                               proposed rule change has become                                                                                   [FR Doc. 2018–16165 Filed 7–27–18; 8:45 am]
                                               effective pursuant to Section 19(b)(3)(A)                   • Use the Commission’s internet
                                                                                                                                                                 BILLING CODE 8011–01–P
                                               of the Act 13 and Rule 19b–4(f)(6)                        comment form (http://www.sec.gov/
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                                                                                                         rules/sro.shtml); or
                                               thereunder.14
                                                                                                              15 Id.
                                                 10 15 U.S.C. 78f(b)(8).                                      16 17
                                                                                                                CFR 240.19b–4(f)(6)(iii).
                                                 11 15 U.S.C. 78s(b)(3)(A)(iii).
                                                                                                              17 For
                                                                                                                 purposes only of waiving the 30-day
                                                 12 17 CFR 240.19b–4(f)(6).
                                                                                                         operative delay, the Commission has considered the
                                                 13 15 U.S.C. 78s(b)(3)(A).
                                                                                                         proposed rule’s impact on efficiency, competition,
                                                 14 17 CFR 240.19b–4(f)(6).                              and capital formation. See 15 U.S.C. 78c(f).              18 17   CFR 200.30–3(a)(12), (59).



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Document Created: 2018-07-28 01:44:40
Document Modified: 2018-07-28 01:44:40
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 36638 

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