83_FR_3852 83 FR 3834 - Self-Regulatory Organizations; Nasdaq BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Add a New Rule 4765 and Commentary Thereto To Codify Participant Risk Settings and To Authorize the Exchange To Share those Risk Settings With the Clearing Member That Clears Transactions on Behalf of the Participant

83 FR 3834 - Self-Regulatory Organizations; Nasdaq BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Add a New Rule 4765 and Commentary Thereto To Codify Participant Risk Settings and To Authorize the Exchange To Share those Risk Settings With the Clearing Member That Clears Transactions on Behalf of the Participant

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 18 (January 26, 2018)

Page Range3834-3837
FR Document2018-01360

Federal Register, Volume 83 Issue 18 (Friday, January 26, 2018)
[Federal Register Volume 83, Number 18 (Friday, January 26, 2018)]
[Notices]
[Pages 3834-3837]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-01360]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82545; File No. SR-BX-2018-001]


Self-Regulatory Organizations; Nasdaq BX, Inc.; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Add a New Rule 
4765 and Commentary Thereto To Codify Participant Risk Settings and To 
Authorize the Exchange To Share those Risk Settings With the Clearing 
Member That Clears Transactions on Behalf of the Participant

January 19, 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 January 11, 2018, Nasdaq BX, Inc. (``BX'' 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 add a new Rule 4765 and commentary thereto 
to codify Participant risk settings in the Exchange's trading system 
and to authorize the Exchange to share such risk settings with the 
clearing member that clears transactions on behalf of the Participant.
    The text of the proposed rule change is set forth below. Proposed 
new language is italicized; deleted text is in brackets.
* * * * *

Rules of Nasdaq BX

Equity Rules

* * * * *

Rule 4765. Exchange Sharing of Participant Risk Settings

    The Exchange may share any Participant risk settings in the trading 
system specified in the commentary below with the clearing member that 
clears transactions on behalf of the Participant. For purposes of this 
Rule, the term ``Participant'' has the meaning set forth in Rule 
4701(c).

Commentary

    The Exchange offers certain risk settings applicable to a 
Participant's activities on the Exchange. The risk settings currently 
offered by the Exchange are:
    (a) Share Size Control--When enabled by a Participant, this 
optional control will allow a Participant to limit the number of shares 
that the Participant may associate with an order placed on the 
Exchange;
    (b) ISO Control--When enabled by a Participant, this optional 
control will prevent a Participant from entering an ISO order onto the 
Exchange;
    (c) Cancel-on-Disconnect Control--When enabled by a Participant, 
this optional control will allow a Participant, when it experiences a 
disruption in its connection to the Exchange, to immediately cancel all 
pending Exchange orders except for Good-Till-Canceled orders (RASH & 
FIX only);
    (d) The BX Kill Switch--This control is described in Rule 4764;
    (e) Limit Order Protection--This control is described in Rule 
4757(d);
    (f) Price Collar Check--This control will automatically restrict a 
routed order from executing at a price that differs from the NBBO (at 
the time of order entry) by more than five percent or $0.25, whichever 
difference is greater. The system will proceed to route an order unless 
and until it crosses the greater of these two price collars, and if it 
does so, then the system will block further routings of the order that 
fall outside of the collars. For example, if the NBBO is $99 x $100 at 
the time of entry of a buy order, then the system will route the order 
at prices at or below $105, but will stop doing so if the offer price 
rises above $105 (five percent of the NBO);
    (g) Maximum Order Volume Check--This control will automatically 
reject an order for routing away that exceeds a maximum volume of 
shares. As applied to equity orders, the default maximum order volume 
is set at 25,000 shares, but the Participant may request that the 
Exchange set a higher default based on historic volume;
    (h) Cumulative Order Volume Check--This control will automatically 
block an attempt by a Participant using a particular MPID to route 
orders away to buy or sell equity securities that, cumulatively, exceed 
9.5 million shares during a five second time period; and
    (i) Duplication Control--This control will automatically reject an 
order that a Participant submits to the Exchange to the extent that it 
is duplicative of another order that the Participant submitted to the 
Exchange during the prior five seconds.
* * * * *

[[Page 3835]]

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 adopt proposed commentary to Rule 4765, 
which codifies a comprehensive list of Participant risk settings in the 
Exchange's trading system. The Exchange also proposes to adopt new Rule 
4765 to authorize the Exchange to share these risk settings with the 
clearing member that clears transactions on behalf of the Participant. 
For purposes of Rule 4765, the term ``Participant'' has the meaning set 
forth in Rule 4701(c).\3\
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    \3\ Rule 4701(c) defines a ``Participant'' as an entity that 
fulfills the obligations contained in Rule 4611 regarding 
participation in the System, and includes Equities ECNs, Equities 
Market Makers, and Order Entry Firms.
---------------------------------------------------------------------------

    Participants are required to be members of the Exchange. Rule 4618 
states that ``all transactions through the facilities of the Nasdaq BX 
Equities Market shall be cleared and settled through a registered 
clearing agency using a continuous net settlement system.'' It further 
provides that this requirement may be satisfied by ``direct 
participation, use of direct clearing services, by entry into a 
correspondent clearing arrangement with another member that clears 
trades through such a clearing agency. . . .'' Further, pursuant to 
Rule 4627, every clearing member acting on a Participant's behalf that 
constitutes a side of a system trade is responsible for honoring such 
trades of that Participant.
    All Participants that are not clearing members require a clearing 
member's consent to clear transactions on their behalf in order to 
conduct business on the Exchange. Each Participant that transacts 
through a clearing member on the Exchange must have an arrangement 
between the Participant and the clearing member. The Exchange is 
provided notice of which clearing members have relationships with which 
Participants. The clearing member that guarantees the Participant's 
transactions on the Exchange has a financial interest in understanding 
the risk tolerance of the Participant. The proposal would provide the 
Exchange with authority to directly provide clearing members with 
information that may otherwise be available to such clearing members by 
virtue of their relationship with the respective Participants.\4\
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    \4\ The Exchange notes that its proposal would cover Sponsored 
Participants, as set forth in Rule 4615, meaning that the proposal 
would authorize the Exchange to share the risk settings of Sponsored 
Participants with clearing members that clear trades on their 
behalf.
---------------------------------------------------------------------------

    The proposed commentary to Rule 4765 would codify a list of risk 
settings that are currently offered by the Exchange and would be 
covered by proposed Rule 4765. This list is comprehensive with respect 
to the risk settings that the Exchange presently offers. Certain of 
these risk settings are mandatory for Participants, meaning that the 
Exchange either imposes specific risk tolerances that are uniform for 
all Participants or it sets default risk tolerances, but it affords 
flexibility to Participants to select their own risk tolerance levels. 
In certain instances, the Exchange does not require Participants to 
utilize risk settings, but instead makes them available for use at the 
option of Participants. The risk settings set forth in the proposed 
commentary to Rule 4765 comprise the following:
     Share Size Control--When enabled by a Participant, this 
optional control will allow a Participant to limit the number of shares 
that the Participant may associate with an order placed on the 
Exchange;
     ISO Control--When enabled by a Participant, this optional 
control will prevent a Participant from entering an ISO order onto the 
Exchange;
     Cancel-on-Disconnect Control--When enabled by a 
Participant, this optional control will allow a Participant, when it 
experiences a disruption in its connection to the Exchange, to 
immediately cancel all pending Exchange orders except for Good-Till-
Canceled orders (RASH & FIX only);
     The BX Kill Switch--This control is described in Rule 
4764;
     Limit Order Protection--This control is described in Rule 
4757(d);
     Price Collar Check -This control will automatically 
restrict a routed order from executing at a price that differs from the 
NBBO (at the time of order entry) by more than five percent or $0.25, 
whichever difference is greater. The system will proceed to route an 
order unless and until it crosses the greater of these two price 
collars, and if it does so, then the system will block further routings 
of the order that fall outside of the collars. For example, if the NBBO 
is $99 x $100 at the time of entry of a buy order, then the system will 
route the order at prices at or below $105, but will stop doing so if 
the offer price rises above $105 (five percent of the NBO);
     Maximum Order Volume Check--This control will 
automatically reject an order for routing away that exceeds a maximum 
volume of shares. As applied to equity orders, the default maximum 
order volume is set at 25,000 shares, but the Participant may request 
that the Exchange set a higher default based on historic volume;
     Cumulative Order Volume Check--This control will 
automatically block an attempt by a Participant using a particular MPID 
to route orders away to buy or sell equity securities that, 
cumulatively, exceed 9.5 million shares during a five second time 
period; and
     Duplication Control--This control will automatically 
reject an order that a Participant submits to the Exchange to the 
extent that it is duplicative of another order that the Participant 
submitted to the Exchange during the prior five seconds.
    As set forth above, the proposal to authorize the Exchange to share 
any of the Participant's risk settings with the clearing member that 
clears transactions on behalf of the Participant would be limited to 
the risk settings specified in the proposed commentary to Rule 4765. 
The Exchange notes that use by a Participant of the risk settings 
offered by the Exchange is optional for share size, ISO, kill switch, 
and cancel-on disconnect controls, and is required in other 
instances.\5\ By using the optional risk settings, following this 
proposed Rule change a Participant therefore also opts-in to the 
Exchange sharing its risk settings with its clearing member. The 
Exchange notes that any Participant that does not wish to share its 
mandatory risk settings with its clearing member could avoid sharing 
such settings by becoming a clearing member.
---------------------------------------------------------------------------

    \5\ As noted above, for the Maximum Order Volume Check, the 
Exchange sets a default order volume but Participants have 
flexibility to adjust this level.
---------------------------------------------------------------------------

    To the extent that a clearing member might reasonably require a 
Participant to provide access to its risk settings as a prerequisite to 
continuing to clear trades on the Participant's behalf, the Exchange's 
proposal to share those risk settings directly reduces the

[[Page 3836]]

administrative burden on Participants and ensures that clearing members 
are receiving information that is up-to-date and conforms to the 
settings active in the Exchange's trading system. Further, the Exchange 
believes that the proposal will help such clearing members to better 
monitor and manage the potential risks that they assume when clearing 
for Participants of the Exchange.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act,\6\ in general, and furthers the objectives of Section 
6(b)(5) of the Act,\7\ in particular, in that it is designed to promote 
just and equitable principles of trade, to foster cooperation and 
coordination with persons engaged in regulating, clearing, settling, 
processing information with respect to, and facilitating transactions 
in securities, to remove impediments to and perfect the mechanism of a 
free and open market and a national market system, and, in general to 
protect investors and the public interest.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The proposed rule change will allow the Exchange to directly 
provide a Participant's risk settings to the clearing member that 
clears trades on behalf of the Participant. A clearing member 
guarantees transactions executed on BX for members with whom it has 
entered into a clearing arrangement, and therefore bears the risk 
associated with those transactions. The Exchange therefore believes 
that it is appropriate for the clearing member to have knowledge of 
what risk settings the Participant may utilize within the Exchange's 
trading system. The proposal will permit clearing members who have a 
financial interest in the risk settings of Participants with whom the 
Participants have entered into clearing arrangements to better monitor 
and manage the potential risks assumed by clearing members, thereby 
providing clearing members with greater control and flexibility over 
setting their own risk tolerance and exposure and aiding clearing 
members in complying with the Act. To the extent a clearing member 
might reasonably require a Participant to provide access to its risk 
settings as a prerequisite to continuing to clear trades on the 
Participant's behalf, the Exchange's proposal to share those risk 
settings directly reduces the administrative burden on Participants and 
ensures that clearing members are receiving information that is up-to-
date and conforms to the settings active in the Exchange's trading 
system. Moreover, the proposal will foster cooperation and coordination 
with persons engaged in facilitating transactions in securities and 
more generally, will protect investors and the public interest, by 
reducing administrative burdens on both clearing members and other 
Participants and by allowing clearing members to better monitor their 
risk exposure.
    The Exchange further believes that codifying the risk settings 
described above in proposed commentary to Rule 4765 is consistent with 
the Act. These settings assist Participants in managing and controlling 
the risks associated with their access to and activity on the Exchange, 
both for the benefit of Participants and investors. The Exchange's risk 
settings, moreover, are consistent with risk settings employed by other 
exchanges, such as Cboe BYX. Although the Exchange presently offers 
these risk settings, codifying them will provide additional 
transparency to Participants regarding the risk settings offered by the 
Exchange. It will also foster cooperation and coordination with persons 
engaged in facilitating transactions in securities and more generally, 
will protect investors and the public interest, by providing additional 
transparency regarding risk settings offered by the Exchange.

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

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act, as amended. The proposed 
rule change is not designed to address any competitive issues and does 
not pose an undue burden on non-clearing members because, unlike 
clearing members, non-clearing members do not guarantee the execution 
of a Participant's transactions on the Exchange. Moreover, the proposal 
to share risk settings with clearing members will not burden 
competition among clearing members because it will apply to all 
clearing members equally and regardless of size. The Exchange notes 
that this proposal will not affect competition among Participants 
because the proposal provides for sharing of all of Participants' risk 
settings set forth in the commentary to Rule 4765. Any Participant that 
does not wish to share its risk settings with its clearing member could 
avoid sharing such settings by becoming a clearing member. Lastly, the 
proposal to codify the Exchange's risk settings will not burden 
competition among Participants because the risk settings are already 
available to or required of Participants and will continue to be 
available or required of all Participants going forward.

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) of the Act \8\ and Rule 19b-
4(f)(6) thereunder.\9\
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    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 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.
---------------------------------------------------------------------------

    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-BX-2018-001 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities 
and Exchange

[[Page 3837]]

Commission, 100 F Street NE, Washington, DC 20549-1090.

All submissions should refer to File Number SR-BX-2018-001. 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-BX-2018-001 and should be submitted on 
or before February 16, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\10\
Eduardo A. Aleman,
Assistant Secretary.
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    \10\ 17 CFR 200.30-3(a)(12).
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[FR Doc. 2018-01360 Filed 1-25-18; 8:45 am]
 BILLING CODE 8011-01-P



                                               3834                             Federal Register / Vol. 83, No. 18 / Friday, January 26, 2018 / Notices

                                               Paper Comments                                            SECURITIES AND EXCHANGE                                        The Exchange offers certain risk
                                                                                                         COMMISSION                                                  settings applicable to a Participant’s
                                                 • Send paper comments in triplicate                                                                                 activities on the Exchange. The risk
                                               to Secretary, Securities and Exchange                                                                                 settings currently offered by the
                                                                                                         [Release No. 34–82545; File No. SR–BX–
                                               Commission, 100 F Street NE,                              2018–001]                                                   Exchange are:
                                               Washington, DC 20549–1090.                                                                                               (a) Share Size Control—When enabled
                                                                                                         Self-Regulatory Organizations; Nasdaq                       by a Participant, this optional control
                                               All submissions should refer to File
                                                                                                         BX, Inc.; Notice of Filing and                              will allow a Participant to limit the
                                               Number SR–CBOE–2018–007. This file                                                                                    number of shares that the Participant
                                               number should be included on the                          Immediate Effectiveness of Proposed
                                                                                                         Rule Change To Add a New Rule 4765                          may associate with an order placed on
                                               subject line if email is used. To help the                                                                            the Exchange;
                                                                                                         and Commentary Thereto To Codify
                                               Commission process and review your                                                                                       (b) ISO Control—When enabled by a
                                                                                                         Participant Risk Settings and To
                                               comments more efficiently, please use                     Authorize the Exchange To Share                             Participant, this optional control will
                                               only one method. The Commission will                      those Risk Settings With the Clearing                       prevent a Participant from entering an
                                               post all comments on the Commission’s                     Member That Clears Transactions on                          ISO order onto the Exchange;
                                               internet website (http://www.sec.gov/                     Behalf of the Participant                                      (c) Cancel-on-Disconnect Control—
                                               rules/sro.shtml). Copies of the                                                                                       When enabled by a Participant, this
                                               submission, all subsequent                                January 19, 2018.                                           optional control will allow a Participant,
                                               amendments, all written statements                           Pursuant to Section 19(b)(1) of the                      when it experiences a disruption in its
                                               with respect to the proposed rule                         Securities Exchange Act of 1934                             connection to the Exchange, to
                                               change that are filed with the                            (‘‘Act’’),1 and Rule 19b–4 thereunder,2                     immediately cancel all pending
                                               Commission, and all written                               notice is hereby given that on January                      Exchange orders except for Good-Till-
                                               communications relating to the                            11, 2018, Nasdaq BX, Inc. (‘‘BX’’ or                        Canceled orders (RASH & FIX only);
                                                                                                         ‘‘Exchange’’) filed with the Securities                        (d) The BX Kill Switch—This control
                                               proposed rule change between the
                                                                                                         and Exchange Commission                                     is described in Rule 4764;
                                               Commission and any person, other than                                                                                    (e) Limit Order Protection—This
                                               those that may be withheld from the                       (‘‘Commission’’) the proposed rule
                                                                                                         change as described in Items I and II                       control is described in Rule 4757(d);
                                               public in accordance with the                                                                                            (f) Price Collar Check—This control
                                                                                                         below, which Items have been prepared
                                               provisions of 5 U.S.C. 552, will be                                                                                   will automatically restrict a routed order
                                                                                                         by the Exchange. The Commission is
                                               available for website viewing and                                                                                     from executing at a price that differs
                                                                                                         publishing this notice to solicit
                                               printing in the Commission’s Public                       comments on the proposed rule change                        from the NBBO (at the time of order
                                               Reference Room, 100 F Street NE,                          from interested persons.                                    entry) by more than five percent or
                                               Washington, DC 20549 on official                                                                                      $0.25, whichever difference is greater.
                                               business days between the hours of                        I. Self-Regulatory Organization’s                           The system will proceed to route an
                                               10:00 a.m. and 3:00 p.m. Copies of the                    Statement of the Terms of Substance of                      order unless and until it crosses the
                                               filing also will be available for                         the Proposed Rule Change                                    greater of these two price collars, and if
                                               inspection and copying at the principal                      The Exchange proposes to add a new                       it does so, then the system will block
                                               office of the Exchange. All comments                      Rule 4765 and commentary thereto to                         further routings of the order that fall
                                               received will be posted without change.                   codify Participant risk settings in the                     outside of the collars. For example, if
                                               Persons submitting comments are                           Exchange’s trading system and to                            the NBBO is $99 x $100 at the time of
                                               cautioned that we do not redact or edit                   authorize the Exchange to share such                        entry of a buy order, then the system
                                               personal identifying information from                     risk settings with the clearing member                      will route the order at prices at or below
                                                                                                         that clears transactions on behalf of the                   $105, but will stop doing so if the offer
                                               comment submissions. You should
                                                                                                         Participant.                                                price rises above $105 (five percent of
                                               submit only information that you wish
                                                                                                            The text of the proposed rule change                     the NBO);
                                               to make available publicly. All                                                                                          (g) Maximum Order Volume Check—
                                               submissions should refer to File                          is set forth below. Proposed new
                                                                                                         language is italicized; deleted text is in                  This control will automatically reject an
                                               Number SR–CBOE–2018–007, and                                                                                          order for routing away that exceeds a
                                               should be submitted on or before                          brackets.
                                                                                                                                                                     maximum volume of shares. As applied
                                               February 16, 2018.                                        *      *     *    *     *                                   to equity orders, the default maximum
                                                 For the Commission, by the Division of                  Rules of Nasdaq BX                                          order volume is set at 25,000 shares, but
                                               Trading and Markets, pursuant to delegated                                                                            the Participant may request that the
                                                                                                         Equity Rules
                                               authority.35                                                                                                          Exchange set a higher default based on
                                               Eduardo A. Aleman,                                        *          *       *       *      *                         historic volume;
                                                                                                                                                                        (h) Cumulative Order Volume
                                               Assistant Secretary.                                      Rule 4765. Exchange Sharing of
                                                                                                                                                                     Check—This control will automatically
                                               [FR Doc. 2018–01367 Filed 1–25–18; 8:45 am]               Participant Risk Settings
                                                                                                                                                                     block an attempt by a Participant using
                                               BILLING CODE 8011–01–P                                      The Exchange may share any                                a particular MPID to route orders away
                                                                                                         Participant risk settings in the trading                    to buy or sell equity securities that,
                                                                                                         system specified in the commentary                          cumulatively, exceed 9.5 million shares
                                                                                                         below with the clearing member that                         during a five second time period; and
                                                                                                         clears transactions on behalf of the                           (i) Duplication Control—This control
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                         Participant. For purposes of this Rule,                     will automatically reject an order that a
                                                                                                         the term ‘‘Participant’’ has the meaning                    Participant submits to the Exchange to
                                                                                                         set forth in Rule 4701(c).                                  the extent that it is duplicative of
                                                                                                         Commentary                                                  another order that the Participant
                                                                                                                                                                     submitted to the Exchange during the
                                                                                                             1 15   U.S.C. 78s(b)(1).                                prior five seconds.
                                                 35 17   CFR 200.30–3(a)(12).                                2 17   CFR 240.19b–4.                                   *      *     *     *    *


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                                                                                Federal Register / Vol. 83, No. 18 / Friday, January 26, 2018 / Notices                                                       3835

                                               II. Self-Regulatory Organization’s                         notice of which clearing members have                  The system will proceed to route an
                                               Statement of the Purpose of, and                           relationships with which Participants.                 order unless and until it crosses the
                                               Statutory Basis for, the Proposed Rule                     The clearing member that guarantees the                greater of these two price collars, and if
                                               Change                                                     Participant’s transactions on the                      it does so, then the system will block
                                                  In its filing with the Commission, the                  Exchange has a financial interest in                   further routings of the order that fall
                                               Exchange included statements                               understanding the risk tolerance of the                outside of the collars. For example, if
                                               concerning the purpose of and basis for                    Participant. The proposal would                        the NBBO is $99 x $100 at the time of
                                               the proposed rule change and discussed                     provide the Exchange with authority to                 entry of a buy order, then the system
                                               any comments it received on the                            directly provide clearing members with                 will route the order at prices at or below
                                               proposed rule change. The text of these                    information that may otherwise be                      $105, but will stop doing so if the offer
                                               statements may be examined at the                          available to such clearing members by                  price rises above $105 (five percent of
                                               places specified in Item IV below. The                     virtue of their relationship with the                  the NBO);
                                               Exchange has prepared summaries, set                       respective Participants.4                                 • Maximum Order Volume Check—
                                               forth in sections A, B, and C below, of                       The proposed commentary to Rule                     This control will automatically reject an
                                               the most significant aspects of such                       4765 would codify a list of risk settings              order for routing away that exceeds a
                                               statements.                                                that are currently offered by the                      maximum volume of shares. As applied
                                                                                                          Exchange and would be covered by                       to equity orders, the default maximum
                                               A. Self-Regulatory Organization’s                          proposed Rule 4765. This list is                       order volume is set at 25,000 shares, but
                                               Statement of the Purpose of, and                           comprehensive with respect to the risk                 the Participant may request that the
                                               Statutory Basis for, the Proposed Rule                     settings that the Exchange presently                   Exchange set a higher default based on
                                               Change                                                     offers. Certain of these risk settings are             historic volume;
                                               1. Purpose                                                 mandatory for Participants, meaning                       • Cumulative Order Volume Check—
                                                                                                          that the Exchange either imposes                       This control will automatically block an
                                                  The Exchange proposes to adopt                          specific risk tolerances that are uniform              attempt by a Participant using a
                                               proposed commentary to Rule 4765,                          for all Participants or it sets default risk           particular MPID to route orders away to
                                               which codifies a comprehensive list of                     tolerances, but it affords flexibility to              buy or sell equity securities that,
                                               Participant risk settings in the                           Participants to select their own risk                  cumulatively, exceed 9.5 million shares
                                               Exchange’s trading system. The                             tolerance levels. In certain instances, the
                                               Exchange also proposes to adopt new                                                                               during a five second time period; and
                                                                                                          Exchange does not require Participants                    • Duplication Control—This control
                                               Rule 4765 to authorize the Exchange to                     to utilize risk settings, but instead                  will automatically reject an order that a
                                               share these risk settings with the                         makes them available for use at the
                                               clearing member that clears transactions                                                                          Participant submits to the Exchange to
                                                                                                          option of Participants. The risk settings              the extent that it is duplicative of
                                               on behalf of the Participant. For                          set forth in the proposed commentary to
                                               purposes of Rule 4765, the term                                                                                   another order that the Participant
                                                                                                          Rule 4765 comprise the following:                      submitted to the Exchange during the
                                               ‘‘Participant’’ has the meaning set forth                     • Share Size Control—When enabled
                                               in Rule 4701(c).3                                                                                                 prior five seconds.
                                                                                                          by a Participant, this optional control                   As set forth above, the proposal to
                                                  Participants are required to be                         will allow a Participant to limit the
                                               members of the Exchange. Rule 4618                                                                                authorize the Exchange to share any of
                                                                                                          number of shares that the Participant                  the Participant’s risk settings with the
                                               states that ‘‘all transactions through the                 may associate with an order placed on
                                               facilities of the Nasdaq BX Equities                                                                              clearing member that clears transactions
                                                                                                          the Exchange;                                          on behalf of the Participant would be
                                               Market shall be cleared and settled                           • ISO Control—When enabled by a
                                               through a registered clearing agency                                                                              limited to the risk settings specified in
                                                                                                          Participant, this optional control will                the proposed commentary to Rule 4765.
                                               using a continuous net settlement                          prevent a Participant from entering an
                                               system.’’ It further provides that this                                                                           The Exchange notes that use by a
                                                                                                          ISO order onto the Exchange;                           Participant of the risk settings offered by
                                               requirement may be satisfied by ‘‘direct                      • Cancel-on-Disconnect Control—
                                               participation, use of direct clearing                                                                             the Exchange is optional for share size,
                                                                                                          When enabled by a Participant, this                    ISO, kill switch, and cancel-on
                                               services, by entry into a correspondent                    optional control will allow a
                                               clearing arrangement with another                                                                                 disconnect controls, and is required in
                                                                                                          Participant, when it experiences a                     other instances.5 By using the optional
                                               member that clears trades through such                     disruption in its connection to the
                                               a clearing agency. . . .’’ Further,                                                                               risk settings, following this proposed
                                                                                                          Exchange, to immediately cancel all                    Rule change a Participant therefore also
                                               pursuant to Rule 4627, every clearing                      pending Exchange orders except for
                                               member acting on a Participant’s behalf                                                                           opts-in to the Exchange sharing its risk
                                                                                                          Good-Till-Canceled orders (RASH & FIX                  settings with its clearing member. The
                                               that constitutes a side of a system trade                  only);
                                               is responsible for honoring such trades                                                                           Exchange notes that any Participant that
                                                                                                             • The BX Kill Switch—This control is
                                               of that Participant.                                                                                              does not wish to share its mandatory
                                                                                                          described in Rule 4764;
                                                  All Participants that are not clearing                     • Limit Order Protection—This                       risk settings with its clearing member
                                               members require a clearing member’s                        control is described in Rule 4757(d);                  could avoid sharing such settings by
                                               consent to clear transactions on their                        • Price Collar Check –This control                  becoming a clearing member.
                                               behalf in order to conduct business on                     will automatically restrict a routed order                To the extent that a clearing member
                                               the Exchange. Each Participant that                        from executing at a price that differs                 might reasonably require a Participant
                                               transacts through a clearing member on                     from the NBBO (at the time of order                    to provide access to its risk settings as
                                               the Exchange must have an arrangement                      entry) by more than five percent or                    a prerequisite to continuing to clear
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                                               between the Participant and the clearing                   $0.25, whichever difference is greater.                trades on the Participant’s behalf, the
                                               member. The Exchange is provided                                                                                  Exchange’s proposal to share those risk
                                                                                                            4 The Exchange notes that its proposal would         settings directly reduces the
                                                 3 Rule  4701(c) defines a ‘‘Participant’’ as an entity   cover Sponsored Participants, as set forth in Rule
                                               that fulfills the obligations contained in Rule 4611       4615, meaning that the proposal would authorize          5 As noted above, for the Maximum Order

                                               regarding participation in the System, and includes        the Exchange to share the risk settings of Sponsored   Volume Check, the Exchange sets a default order
                                               Equities ECNs, Equities Market Makers, and Order           Participants with clearing members that clear trades   volume but Participants have flexibility to adjust
                                               Entry Firms.                                               on their behalf.                                       this level.



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                                               3836                              Federal Register / Vol. 83, No. 18 / Friday, January 26, 2018 / Notices

                                               administrative burden on Participants                      Moreover, the proposal will foster                     required of Participants and will
                                               and ensures that clearing members are                      cooperation and coordination with                      continue to be available or required of
                                               receiving information that is up-to-date                   persons engaged in facilitating                        all Participants going forward.
                                               and conforms to the settings active in                     transactions in securities and more
                                                                                                                                                                 C. Self-Regulatory Organization’s
                                               the Exchange’s trading system. Further,                    generally, will protect investors and the
                                                                                                                                                                 Statement on Comments on the
                                               the Exchange believes that the proposal                    public interest, by reducing
                                               will help such clearing members to                         administrative burdens on both clearing                Proposed Rule Change Received From
                                               better monitor and manage the potential                    members and other Participants and by                  Members, Participants, or Others
                                               risks that they assume when clearing for                   allowing clearing members to better                      No written comments were either
                                               Participants of the Exchange.                              monitor their risk exposure.                           solicited or received.
                                                                                                             The Exchange further believes that
                                               2. Statutory Basis                                         codifying the risk settings described                  III. Date of Effectiveness of the
                                                  The Exchange believes that its                          above in proposed commentary to Rule                   Proposed Rule Change and Timing for
                                               proposal is consistent with Section 6(b)                   4765 is consistent with the Act. These                 Commission Action
                                               of the Act,6 in general, and furthers the                  settings assist Participants in managing                  Because the foregoing proposed rule
                                               objectives of Section 6(b)(5) of the Act,7                 and controlling the risks associated with              change does not: (i) Significantly affect
                                               in particular, in that it is designed to                   their access to and activity on the                    the protection of investors or the public
                                               promote just and equitable principles of                   Exchange, both for the benefit of                      interest; (ii) impose any significant
                                               trade, to foster cooperation and                           Participants and investors. The                        burden on competition; and (iii) become
                                               coordination with persons engaged in                       Exchange’s risk settings, moreover, are                operative for 30 days from the date on
                                               regulating, clearing, settling, processing                 consistent with risk settings employed                 which it was filed, or such shorter time
                                               information with respect to, and                           by other exchanges, such as Cboe BYX.                  as the Commission may designate, it has
                                               facilitating transactions in securities, to                Although the Exchange presently offers                 become effective pursuant to Section
                                               remove impediments to and perfect the                      these risk settings, codifying them will               19(b)(3)(A) of the Act 8 and Rule 19b–
                                               mechanism of a free and open market                        provide additional transparency to                     4(f)(6) thereunder.9
                                               and a national market system, and, in                      Participants regarding the risk settings                  At any time within 60 days of the
                                               general to protect investors and the                       offered by the Exchange. It will also                  filing of the proposed rule change, the
                                               public interest.                                           foster cooperation and coordination                    Commission summarily may
                                                  The proposed rule change will allow                     with persons engaged in facilitating                   temporarily suspend such rule change if
                                               the Exchange to directly provide a                         transactions in securities and more                    it appears to the Commission that such
                                               Participant’s risk settings to the clearing                generally, will protect investors and the              action is: (i) Necessary or appropriate in
                                               member that clears trades on behalf of                     public interest, by providing additional               the public interest; (ii) for the protection
                                               the Participant. A clearing member                         transparency regarding risk settings                   of investors; or (iii) otherwise in
                                               guarantees transactions executed on BX                     offered by the Exchange.                               furtherance of the purposes of the Act.
                                               for members with whom it has entered
                                                                                                          B. Self-Regulatory Organization’s                      If the Commission takes such action, the
                                               into a clearing arrangement, and
                                                                                                          Statement on Burden on Competition                     Commission shall institute proceedings
                                               therefore bears the risk associated with
                                                                                                             The Exchange does not believe that                  to determine whether the proposed rule
                                               those transactions. The Exchange
                                               therefore believes that it is appropriate                  the proposed rule change will impose                   should be approved or disapproved.
                                               for the clearing member to have                            any burden on competition that is not                  IV. Solicitation of Comments
                                               knowledge of what risk settings the                        necessary or appropriate in furtherance
                                                                                                                                                                   Interested persons are invited to
                                               Participant may utilize within the                         of the purposes of the Act, as amended.
                                                                                                                                                                 submit written data, views, and
                                               Exchange’s trading system. The                             The proposed rule change is not
                                                                                                          designed to address any competitive                    arguments concerning the foregoing,
                                               proposal will permit clearing members
                                                                                                          issues and does not pose an undue                      including whether the proposed rule
                                               who have a financial interest in the risk
                                                                                                          burden on non-clearing members                         change is consistent with the Act.
                                               settings of Participants with whom the
                                                                                                          because, unlike clearing members, non-                 Comments may be submitted by any of
                                               Participants have entered into clearing
                                                                                                          clearing members do not guarantee the                  the following methods:
                                               arrangements to better monitor and
                                               manage the potential risks assumed by                      execution of a Participant’s transactions              Electronic Comments
                                               clearing members, thereby providing                        on the Exchange. Moreover, the
                                                                                                          proposal to share risk settings with                     • Use the Commission’s internet
                                               clearing members with greater control
                                                                                                          clearing members will not burden                       comment form (http://www.sec.gov/
                                               and flexibility over setting their own
                                                                                                          competition among clearing members                     rules/sro.shtml); or
                                               risk tolerance and exposure and aiding
                                                                                                          because it will apply to all clearing                    • Send an email to rule-comments@
                                               clearing members in complying with the
                                                                                                          members equally and regardless of size.                sec.gov. Please include File Number SR–
                                               Act. To the extent a clearing member
                                                                                                          The Exchange notes that this proposal                  BX–2018–001 on the subject line.
                                               might reasonably require a Participant
                                               to provide access to its risk settings as                  will not affect competition among                      Paper Comments
                                               a prerequisite to continuing to clear                      Participants because the proposal
                                                                                                          provides for sharing of all of                           • Send paper comments in triplicate
                                               trades on the Participant’s behalf, the
                                                                                                          Participants’ risk settings set forth in the           to Secretary, Securities and Exchange
                                               Exchange’s proposal to share those risk
                                               settings directly reduces the                              commentary to Rule 4765. Any
                                                                                                                                                                   8 15  U.S.C. 78s(b)(3)(A).
                                               administrative burden on Participants                      Participant that does not wish to share
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                                                                                                                                                                   9 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                               and ensures that clearing members are                      its risk settings with its clearing member             4(f)(6)(iii) requires a self-regulatory organization to
                                               receiving information that is up-to-date                   could avoid sharing such settings by                   give the Commission written notice of its intent to
                                               and conforms to the settings active in                     becoming a clearing member. Lastly, the                file the proposed rule change, along with a brief
                                                                                                          proposal to codify the Exchange’s risk                 description and text of the proposed rule change,
                                               the Exchange’s trading system.                                                                                    at least five business days prior to the date of filing
                                                                                                          settings will not burden competition                   of the proposed rule change, or such shorter time
                                                 6 15   U.S.C. 78f(b).                                    among Participants because the risk                    as designated by the Commission. The Exchange
                                                 7 15   U.S.C. 78f(b)(5).                                 settings are already available to or                   has satisfied this requirement.



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                                                                                Federal Register / Vol. 83, No. 18 / Friday, January 26, 2018 / Notices                                                       3837

                                               Commission, 100 F Street NE,                              SECURITIES AND EXCHANGE                                 A. Self-Regulatory Organization’s
                                               Washington, DC 20549–1090.                                COMMISSION                                              Statement of the Purpose of, and
                                                                                                                                                                 Statutory Basis for, the Proposed Rule
                                               All submissions should refer to File                                                                              Change
                                               Number SR–BX–2018–001. This file                          [Release No. 34–82540; File No. SR–CBOE–
                                               number should be included on the                          2018–004]                                               1. Purpose
                                               subject line if email is used. To help the                                                                           The purpose of this filing is to adopt
                                                                                                         Self-Regulatory Organizations; Cboe
                                               Commission process and review your                                                                                fees for customized functionality and/or
                                                                                                         Exchange, Inc.; Notice of Filing and
                                               comments more efficiently, please use                                                                             connectivity on Silexx.3 Silexx is a
                                                                                                         Immediate Effectiveness of a Proposed
                                               only one method. The Commission will                                                                              front-end, broker-neutral, multi-asset
                                                                                                         Rule Change To Establish Fees for
                                               post all comments on the Commission’s                                                                             class order entry and management
                                                                                                         Customized Functionality and/or
                                               internet website (http://www.sec.gov/                                                                             trading platform owned by Cboe Silexx,
                                                                                                         Connectivity on the Silexx Trading
                                               rules/sro.shtml). Copies of the                                                                                   LLC (‘‘Cboe Silexx’’ a wholly owned
                                                                                                         Platform
                                               submission, all subsequent                                                                                        subsidiary of Cboe Options’ parent
                                               amendments, all written statements                        January 19, 2018.                                       company, Cboe Global Markets, Inc.).
                                               with respect to the proposed rule                                                                                    Silexx is an order entry and
                                                                                                            Pursuant to Section 19(b)(1) of the                  management trading platform for listed
                                               change that are filed with the                            Securities Exchange Act of 1934 (the                    stocks and options that support [sic]
                                               Commission, and all written                               ‘‘Act’’),1 and Rule 19b–4 thereunder,2                  both simple and complex orders.4 The
                                               communications relating to the                            notice is hereby given that on January 8,               platform is a software application that is
                                               proposed rule change between the                          2018, Cboe Exchange, Inc. (the                          installed locally on a user’s desktop.
                                               Commission and any person, other than                     ‘‘Exchange’’ or ‘‘Cboe Options’’) filed                 The platform provides users with the
                                               those that may be withheld from the                       with the Securities and Exchange                        capability to send option orders to U.S.
                                               public in accordance with the                             Commission (the ‘‘Commission’’) the                     options exchanges and stock orders to
                                               provisions of 5 U.S.C. 552, will be                       proposed rule change as described in                    U.S. stock exchanges (and other trading
                                               available for website viewing and                         Items I, II, and III below, which Items                 centers), and allows users to input
                                               printing in the Commission’s Public                       have been prepared by the Exchange.                     parameters to control the size, timing
                                               Reference Room, 100 F Street NE,                          The Commission is publishing this                       and other variables of their trades.
                                               Washington, DC 20549, on official                         notice to solicit comments on the                       Silexx includes access to real-time
                                               business days between the hours of                        proposed rule change from interested                    options and stock market data, as well
                                               10:00 a.m. and 3:00 p.m. Copies of the                    persons.                                                as access to certain historical data. The
                                               filing also will be available for                         I. Self-Regulatory Organization’s                       platform provides users with the ability
                                               inspection and copying at the principal                   Statement of the Terms of Substance of                  to maintain an electronic audit trail and
                                               office of the Exchange. All comments                      the Proposed Rule Change                                provide detailed trade reporting. In
                                               received will be posted without change.                                                                           addition, Silexx offers other
                                               Persons submitting comments are                              The Exchange proposes to establish                   functionality such as access to crossing
                                               cautioned that we do not redact or edit                   fees for customized functionality and/or                orders tickets, equity order reports and
                                                                                                         connectivity on the Silexx trading                      market data feeds (for specific fees).
                                               personal identifying information from                                                                                The Exchange is now proposing an
                                               comment submissions. You should                           platform (‘‘Silexx’’ or the ‘‘platform’’).
                                                                                                         The text of the proposed rule change is                 addition to the Silexx fee schedule
                                               submit only information that you wish                                                                             related to customized development of
                                               to make available publicly. All                           provided in Exhibit 5.
                                                                                                                                                                 new functionality and/or connectivity.
                                               submissions should refer to File                             The text of the proposed rule change                 Pursuant to a Silexx user’s request, Cboe
                                               Number SR–BX–2018–001 and should                          is also available on the Exchange’s                     Silexx will develop specifications and a
                                               be submitted on or before February 16,                    website (http://www.cboe.com/                           statement of work relating to
                                               2018.                                                     AboutCBOE/CBOELegalRegulatory                           customized functionality and/or
                                                                                                         Home.aspx), at the Exchange’s Office of                 connectivity. The statement of work will
                                                 For the Commission, by the Division of                  the Secretary, and at the Commission’s
                                               Trading and Markets, pursuant to delegated                                                                        show the time and materials costs
                                                                                                         Public Reference Room.                                  associated with building Silexx to
                                               authority.10
                                                                                                         II. Self-Regulatory Organization’s                      support the user’s request. This addition
                                               Eduardo A. Aleman,
                                                                                                         Statement of the Purpose of, and                        to the Silexx fee schedule will allow
                                               Assistant Secretary.                                                                                              Cboe Silexx to support users with user-
                                                                                                         Statutory Basis for, the Proposed Rule
                                               [FR Doc. 2018–01360 Filed 1–25–18; 8:45 am]                                                                       specific functionality and connectivity.
                                                                                                         Change
                                               BILLING CODE 8011–01–P                                                                                            The same reasonable hourly and
                                                                                                           In its filing with the Commission, the                materials rates will apply to all users
                                                                                                         Exchange included statements                            based on then-current rates in line with
                                                                                                         concerning the purpose of and basis for                 industry standards, which costs (and
                                                                                                         the proposed rule change and discussed                  any reasonable, standard mark-up) will
                                                                                                         any comments it received on the                         be passed through to users. As such, the
                                                                                                         proposed rule change. The text of these                 Exchange believes the addition
                                                                                                         statements may be examined at the
                                                                                                                                                                    3 The Exchange initially filed the proposed fee
                                                                                                         places specified in Item IV below. The
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                                                                                                                                                                 changes on January 2, 2018 (SR–CBOE–2018–002).
                                                                                                         Exchange has prepared summaries, set                    On January 8, 2018, the Exchange withdrew that
                                                                                                         forth in sections A, B, and C below, of                 filing and submitted this filing.
                                                                                                         the most significant aspects of such                       4 The platform also permits users to submit orders

                                                                                                         statements.                                             for commodity futures, commodity options and
                                                                                                                                                                 other non-security products to be sent to designated
                                                                                                                                                                 contract markets, futures commission merchants,
                                                                                                           1 15   U.S.C. 78s(b)(1).                              introducing brokers or other applicable destinations
                                                 10 17   CFR 200.30–3(a)(12).                              2 17   CFR 240.19b–4.                                 of the users’ choice.



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Document Created: 2018-10-26 10:05:24
Document Modified: 2018-10-26 10:05:24
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 3834 

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