83_FR_50608 83 FR 50414 - Self-Regulatory Organizations; Nasdaq BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Relocate the Pricing Schedule Rules

83 FR 50414 - Self-Regulatory Organizations; Nasdaq BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Relocate the Pricing Schedule Rules

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 194 (October 5, 2018)

Page Range50414-50416
FR Document2018-21681

Federal Register, Volume 83 Issue 194 (Friday, October 5, 2018)
[Federal Register Volume 83, Number 194 (Friday, October 5, 2018)]
[Notices]
[Pages 50414-50416]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-21681]


=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84326; File No. SR-BX-2018-046]


Self-Regulatory Organizations; Nasdaq BX, Inc.; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Relocate the 
Pricing Schedule Rules

October 1, 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 September 17, 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.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to (a) relocate its current Rule 7000 Series 
(``Equities Pricing'') and the rules at Chapter XV (``Options 
Pricing''; together, ``Equities and Options Pricing'') to the 
Exchange's rulebook's (``Rulebook'') shell structure; \3\ (b) make 
conforming cross-reference changes throughout the Rulebook; and (c) 
amend the Equity 4's title in the shell structure.
---------------------------------------------------------------------------

    \3\ In 2017, the Exchange added a shell structure to its 
Rulebook with the purpose of improving efficiency and readability 
and to align its rules closer to those of its five sister exchanges, 
The Nasdaq Stock Market LLC; Nasdaq PHLX LLC; Nasdaq ISE, LLC; 
Nasdaq GEMX, LLC; and Nasdaq MRX, LLC (``Affiliated Exchanges''). 
See Securities Exchange Act Release No. 82174 (November 29, 2017), 
82 FR 57492 (December 5, 2017) (SR-BX-2017-054).
---------------------------------------------------------------------------

    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.

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

1. Purpose
    The Exchange proposes to (a) relocate the Equities and Options 
Pricing rules, currently under the Equities Rule 7000 Series and 
Options Chapter XV, into the Rulebook's shell structure, respectively, 
under Equity 7 and Options 7 (both named ``Pricing Schedule''); (b) 
make conforming cross-reference changes throughout the Rulebook; and 
(c) amend the Equity 4's title, ``Equity Listing Rules,'' in the shell 
structure, as detailed below.
(a) Relocation of the Pricing Rules
    The Exchange, as part of its continued effort to promote efficiency 
and the conformity of its processes with those of the Affiliated 
Exchanges,\4\ and the goal of harmonizing and uniformizing its rules, 
proposes to relocate the Equities Pricing rules, currently under the 
Rule 7000 Series, into Equity 7, Pricing Schedule, of the shell 
structure. Specifically, the Exchange will add the word ``Section'' and 
renumber the Equities Pricing rules as detailed in the table below:
---------------------------------------------------------------------------

    \4\ See footnote 3.

------------------------------------------------------------------------
            Rule 7000 Series                         Equity 7
------------------------------------------------------------------------
7000....................................  Section 1.
7001....................................  Section 10.
7002....................................  Section 20.
7003....................................  Section 30.
7010....................................  Section 100.
7011....................................  Section 111.
7012....................................  Section 112.
7013....................................  Section 113.
7014....................................  Section 114.
7015....................................  Section 115.
7016....................................  Section 116.
7017....................................  Section 117.
7018....................................  Section 118.
7019....................................  Section 119.
7020....................................  Section 120.
7021....................................  Section 121.
7022....................................  Section 122.
7023....................................  Section 123.
7024....................................  Section 124.
7025....................................  Section 125.
7026....................................  Section 126.
7027....................................  Section 127.
7028....................................  Section 128.
7029....................................  Section 129.
7030....................................  Section 130.
7031....................................  Section 131.
7032....................................  Section 132.
7033....................................  Section 133.
7034....................................  Section 134.
7035....................................  Section 135.
7039....................................  Section 139.
7047....................................  Section 147.
7051....................................  Section 151.
7055....................................  Section 155.
7058....................................  Section 158.
------------------------------------------------------------------------

    The Exchange will also relocate the Options Pricing rules, 
currently under Chapter XV, into Options 7, Pricing Schedule, of the 
shell structure. No renumbering of the Options Pricing Schedule will be 
necessary other than replacing the abbreviated word ``Sec.'' with the 
full word ``Section.''
    The Exchange believes that the relocation of the Equities and 
Options Pricing rules will facilitate the use of the Rulebook by 
Members \5\ of the Exchange, including those who are members of other 
Affiliated Exchanges, and other market participants. Moreover, the 
proposed changes are of a non-substantive nature and they will not 
amend the relocated rules, other than to update their numbers as 
detailed above.
---------------------------------------------------------------------------

    \5\ Exchange Rule 0120(i).

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

[[Page 50415]]

(b) Cross-Reference Updates
    In connection with the changes described above, the Exchange 
proposes to update all cross-references in the Rulebook that direct the 
reader to the current placement of the Equities and Options Pricing 
rules and/or any of their subsections. Furthermore, the Exchange notes 
that the proposed amendments include cross-reference updates to the 
Connectivity rules under General 8, Section 1.\6\ Moreover, for 
consistency with the current title of General 8, Section 2 (``Direct 
Connectivity''), the Exchange proposes to update the description 
provided under Rule 7011(a) (to be relocated under Equity 7, Section 
111(a)) by removing the text ``to BX''.
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 83535 (June 28, 
2018), 83 FR 31241 (July 3, 2018) (SR-BX-2018-024).
---------------------------------------------------------------------------

(c) Amendment of the Equity 4's Title
    Finally, the Exchange will amend Equity 4's title in the shell 
structure, currently ``Equity Listing Rules,'' and replace it with the 
word ``Reserved,'' since no rules will be placed in this section of the 
shell structure.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act,\7\ in general, and furthers the objectives of Section 
6(b)(5) of the Act,\8\ in particular, in that it is designed to promote 
just and equitable principles of trade, to remove impediments to and 
perfect the mechanism of a free and open market and a national market 
system, and, in general to protect investors and the public interest, 
by promoting efficiency and structural conformity of the Exchange's 
processes with those of the Affiliated Exchanges and to make the 
Exchange's Rulebook easier to read and more accessible to its Members 
and market participants. The Exchange believes that the relocation of 
the Equities and Options Pricing rules, cross-reference updates, and 
the amendment to the Equity 4's title are of a non-substantive nature.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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 not necessary or appropriate in 
furtherance of the purposes of the Act. The proposed changes do not 
impose a burden on competition because, as previously stated, they (i) 
are of a non-substantive nature, (ii) are intended to harmonize the 
structure of the Exchange's rules with those of its Affiliated 
Exchanges, and (iii) are intended to organize the Rulebook in a way 
that it will ease the Members' and market participants' navigation and 
reading of the rules.

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 \9\ and Rule 19b-
4(f)(6) thereunder.\10\
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written 
notice of its intent to file the proposed rule change, along with a 
brief description and the text of the proposed rule change, at least 
five business days prior to the date of filing of the proposed rule 
change, or such shorter time as designated by the Commission.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the 
Act \11\ normally does not become operative for 30 days after the date 
of its filing. However, Rule 19b-4(f)(6)(iii) \12\ permits the 
Commission to designate a shorter time if such action is consistent 
with the protection of investors and the public interest. The Exchange 
has requested that the Commission waive the 30-day operative delay so 
that the proposed rule change may become operative upon filing. Waiver 
of the operative delay would allow the Exchange to promptly relocate 
the Pricing Schedule rules and continue to reorganize its Rulebook to 
promote efficiency and structural consistency between the Exchange's 
rules and those of the Affiliated Exchanges. The Commission believes 
that waiver of the 30-day operative delay is consistent with the 
protection of investors and the public interest. Accordingly, the 
Commission hereby waives the operative delay and designates the 
proposed rule change operative upon filing.\13\
---------------------------------------------------------------------------

    \11\ 17 CFR 240.19b-4(f)(6).
    \12\ 17 CFR 240.19b-4(f)(6)(iii).
    \13\ For purposes only of waiving the 30-day operative delay, 
the Commission also 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-2018-046 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-2018-046. 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

[[Page 50416]]

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-2018-046 and should be 
submitted on or before October 26, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-21681 Filed 10-4-18; 8:45 am]
 BILLING CODE 8011-01-P



                                               50414                             Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Notices

                                               will be webcast. The agenda and                            I. Self-Regulatory Organization’s                       the Affiliated Exchanges,4 and the goal
                                               information about how to join the                          Statement of the Terms of Substance of                  of harmonizing and uniformizing its
                                               webcast will be available the week of                      the Proposed Rule Change                                rules, proposes to relocate the Equities
                                               the event at: https://www.nitrd.gov/                          The Exchange proposes to (a) relocate                Pricing rules, currently under the Rule
                                               nitrdgroups/index.php?title=HPC-BD-                        its current Rule 7000 Series (‘‘Equities                7000 Series, into Equity 7, Pricing
                                               Convergence.                                               Pricing’’) and the rules at Chapter XV                  Schedule, of the shell structure.
                                                                                                          (‘‘Options Pricing’’; together, ‘‘Equities              Specifically, the Exchange will add the
                                                  Workshop Goals: HEC and BD
                                                                                                          and Options Pricing’’) to the Exchange’s                word ‘‘Section’’ and renumber the
                                               members will use information gathered
                                                                                                          rulebook’s (‘‘Rulebook’’) shell                         Equities Pricing rules as detailed in the
                                               from this workshop to inform their
                                                                                                          structure; 3 (b) make conforming cross-                 table below:
                                               agency-specific research agendas.
                                                                                                          reference changes throughout the
                                                  Workshop Objectives: Identify and                       Rulebook; and (c) amend the Equity 4’s                         Rule 7000 Series                             Equity 7
                                               discuss: use cases and applications from                   title in the shell structure.
                                               a variety of domains; current activities                                                                           7000     .....................................   Section   1.
                                                                                                             The text of the proposed rule change                 7001     .....................................   Section   10.
                                               to address the convergence challenge                       is available on the Exchange’s website at               7002     .....................................   Section   20.
                                               and the research and technologies that                     http://nasdaqbx.cchwallstreet.com/, at                  7003     .....................................   Section   30.
                                               are still needed; strategies for combining                 the principal office of the Exchange, and               7010     .....................................   Section   100.
                                               the HPC, BD, and ML software and                           at the Commission’s Public Reference                    7011     .....................................   Section   111.
                                               hardware ecosystems; strategies for                        Room.                                                   7012     .....................................   Section   112.
                                               combining the ‘‘people culture’’ of HPC,                                                                           7013     .....................................   Section   113.
                                                                                                          II. Self-Regulatory Organization’s                      7014     .....................................   Section   114.
                                               BD, and ML; and different modes of
                                                                                                          Statement of the Purpose of, and                        7015     .....................................   Section   115.
                                               operation.
                                                                                                          Statutory Basis for, the Proposed Rule                  7016     .....................................   Section   116.
                                                  Submitted by the National Science                       Change                                                  7017     .....................................   Section   117.
                                               Foundation in support of the                                  In its filing with the Commission, the               7018     .....................................   Section   118.
                                               Networking and Information                                 Exchange included statements
                                                                                                                                                                  7019     .....................................   Section   119.
                                               Technology Research and Development                                                                                7020     .....................................   Section   120.
                                                                                                          concerning the purpose of and basis for                 7021     .....................................   Section   121.
                                               (NITRD) National Coordination Office                       the proposed rule change and discussed                  7022     .....................................   Section   122.
                                               (NCO) on October 2, 2018.                                  any comments it received on the                         7023     .....................................   Section   123.
                                               Suzanne H. Plimpton,                                       proposed rule change. The text of these                 7024     .....................................   Section   124.
                                               Reports Clearance Officer, National Science
                                                                                                          statements may be examined at the                       7025     .....................................   Section   125.
                                                                                                          places specified in Item IV below. The                  7026     .....................................   Section   126.
                                               Foundation.
                                                                                                          Exchange has prepared summaries, set                    7027     .....................................   Section   127.
                                               [FR Doc. 2018–21720 Filed 10–4–18; 8:45 am]                                                                        7028     .....................................   Section   128.
                                                                                                          forth in sections A, B, and C below, of
                                               BILLING CODE 7555–01–P
                                                                                                          the most significant aspects of such                    7029     .....................................   Section   129.
                                                                                                                                                                  7030     .....................................   Section   130.
                                                                                                          statements.                                             7031     .....................................   Section   131.
                                                                                                          A. Self-Regulatory Organization’s                       7032     .....................................   Section   132.
                                               SECURITIES AND EXCHANGE                                    Statement of the Purpose of, and                        7033     .....................................   Section   133.
                                                                                                          Statutory Basis for, the Proposed Rule                  7034     .....................................   Section   134.
                                               COMMISSION                                                                                                         7035     .....................................   Section   135.
                                                                                                          Change
                                                                                                                                                                  7039     .....................................   Section   139.
                                               [Release No. 34–84326; File No. SR–BX–                     1. Purpose                                              7047     .....................................   Section   147.
                                               2018–046]                                                                                                          7051     .....................................   Section   151.
                                                                                                             The Exchange proposes to (a) relocate                7055     .....................................   Section   155.
                                                                                                          the Equities and Options Pricing rules,                 7058     .....................................   Section   158.
                                               Self-Regulatory Organizations; Nasdaq
                                                                                                          currently under the Equities Rule 7000
                                               BX, Inc.; Notice of Filing and
                                                                                                          Series and Options Chapter XV, into the
                                               Immediate Effectiveness of Proposed                                                                                  The Exchange will also relocate the
                                                                                                          Rulebook’s shell structure, respectively,
                                               Rule Change To Relocate the Pricing                        under Equity 7 and Options 7 (both                      Options Pricing rules, currently under
                                               Schedule Rules                                             named ‘‘Pricing Schedule’’); (b) make                   Chapter XV, into Options 7, Pricing
                                                                                                          conforming cross-reference changes                      Schedule, of the shell structure. No
                                               October 1, 2018.                                                                                                   renumbering of the Options Pricing
                                                                                                          throughout the Rulebook; and (c) amend
                                                  Pursuant to Section 19(b)(1) of the                     the Equity 4’s title, ‘‘Equity Listing                  Schedule will be necessary other than
                                               Securities Exchange Act of 1934                            Rules,’’ in the shell structure, as                     replacing the abbreviated word ‘‘Sec.’’
                                               (‘‘Act’’),1 and Rule 19b–4 thereunder,2                    detailed below.                                         with the full word ‘‘Section.’’
                                               notice is hereby given that on                                                                                       The Exchange believes that the
                                               September 17, 2018, Nasdaq BX, Inc.                        (a) Relocation of the Pricing Rules                     relocation of the Equities and Options
                                               (‘‘BX’’ or ‘‘Exchange’’) filed with the                       The Exchange, as part of its continued               Pricing rules will facilitate the use of the
                                               Securities and Exchange Commission                         effort to promote efficiency and the                    Rulebook by Members 5 of the Exchange,
                                               (‘‘Commission’’) the proposed rule                         conformity of its processes with those of               including those who are members of
                                               change as described in Items I and II                                                                              other Affiliated Exchanges, and other
                                               below, which Items have been prepared                         3 In 2017, the Exchange added a shell structure to
                                                                                                                                                                  market participants. Moreover, the
daltland on DSKBBV9HB2PROD with NOTICES




                                               by the Exchange. The Commission is                         its Rulebook with the purpose of improving
                                                                                                          efficiency and readability and to align its rules
                                                                                                                                                                  proposed changes are of a non-
                                               publishing this notice to solicit                          closer to those of its five sister exchanges, The       substantive nature and they will not
                                               comments on the proposed rule change                       Nasdaq Stock Market LLC; Nasdaq PHLX LLC;               amend the relocated rules, other than to
                                               from interested persons.                                   Nasdaq ISE, LLC; Nasdaq GEMX, LLC; and Nasdaq           update their numbers as detailed above.
                                                                                                          MRX, LLC (‘‘Affiliated Exchanges’’). See Securities
                                                                                                          Exchange Act Release No. 82174 (November 29,
                                                 1 15   U.S.C. 78s(b)(1).                                                                                          4 See   footnote 3.
                                                                                                          2017), 82 FR 57492 (December 5, 2017) (SR–BX–
                                                 2 17   CFR 240.19b–4.                                    2017–054).                                               5 Exchange    Rule 0120(i).



                                          VerDate Sep<11>2014      17:11 Oct 04, 2018   Jkt 247001   PO 00000   Frm 00084   Fmt 4703   Sfmt 4703   E:\FR\FM\05OCN1.SGM      05OCN1


                                                                              Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Notices                                                     50415

                                               (b) Cross-Reference Updates                             harmonize the structure of the                             At any time within 60 days of the
                                                 In connection with the changes                        Exchange’s rules with those of its                      filing of the proposed rule change, the
                                               described above, the Exchange proposes                  Affiliated Exchanges, and (iii) are                     Commission summarily may
                                               to update all cross-references in the                   intended to organize the Rulebook in a                  temporarily suspend such rule change if
                                               Rulebook that direct the reader to the                  way that it will ease the Members’ and                  it appears to the Commission that such
                                               current placement of the Equities and                   market participants’ navigation and                     action is necessary or appropriate in the
                                               Options Pricing rules and/or any of their               reading of the rules.                                   public interest, for the protection of
                                               subsections. Furthermore, the Exchange                  C. Self-Regulatory Organization’s                       investors, or otherwise in furtherance of
                                               notes that the proposed amendments                      Statement on Comments on the                            the purposes of the Act. If the
                                               include cross-reference updates to the                  Proposed Rule Change Received From                      Commission takes such action, the
                                               Connectivity rules under General 8,                     Members, Participants, or Others                        Commission shall institute proceedings
                                               Section 1.6 Moreover, for consistency                                                                           to determine whether the proposed rule
                                                                                                         No written comments were either                       change should be approved or
                                               with the current title of General 8,                    solicited or received.
                                               Section 2 (‘‘Direct Connectivity’’), the                                                                        disapproved.
                                               Exchange proposes to update the                         III. Date of Effectiveness of the                       IV. Solicitation of Comments
                                               description provided under Rule                         Proposed Rule Change and Timing for
                                                                                                       Commission Action                                         Interested persons are invited to
                                               7011(a) (to be relocated under Equity 7,
                                                                                                                                                               submit written data, views, and
                                               Section 111(a)) by removing the text ‘‘to                  Because the foregoing proposed rule                  arguments concerning the foregoing,
                                               BX’’.                                                   change does not: (i) Significantly affect               including whether the proposed rule
                                               (c) Amendment of the Equity 4’s Title                   the protection of investors or the public               change is consistent with the Act.
                                                                                                       interest; (ii) impose any significant                   Comments may be submitted by any of
                                                  Finally, the Exchange will amend                     burden on competition; and (iii) become
                                               Equity 4’s title in the shell structure,                                                                        the following methods:
                                                                                                       operative for 30 days from the date on
                                               currently ‘‘Equity Listing Rules,’’ and                 which it was filed, or such shorter time                Electronic Comments
                                               replace it with the word ‘‘Reserved,’’                  as the Commission may designate, it has                   • Use the Commission’s internet
                                               since no rules will be placed in this                   become effective pursuant to Section                    comment form (http://www.sec.gov/
                                               section of the shell structure.                         19(b)(3)(A) of the Act 9 and Rule 19b–                  rules/sro.shtml); or
                                               2. Statutory Basis                                      4(f)(6) thereunder.10                                     • Send an email to rule-comments@
                                                                                                          A proposed rule change filed                         sec.gov. Please include File Number SR–
                                                  The Exchange believes that its                       pursuant to Rule 19b–4(f)(6) under the
                                               proposal is consistent with Section 6(b)                                                                        BX–2018–046 on the subject line.
                                                                                                       Act 11 normally does not become
                                               of the Act,7 in general, and furthers the               operative for 30 days after the date of its             Paper Comments
                                               objectives of Section 6(b)(5) of the Act,8              filing. However, Rule 19b–4(f)(6)(iii) 12                  • Send paper comments in triplicate
                                               in particular, in that it is designed to                permits the Commission to designate a                   to Secretary, Securities and Exchange
                                               promote just and equitable principles of                shorter time if such action is consistent               Commission, 100 F Street NE,
                                               trade, to remove impediments to and                     with the protection of investors and the                Washington, DC 20549–1090.
                                               perfect the mechanism of a free and                     public interest. The Exchange has
                                               open market and a national market                                                                               All submissions should refer to File
                                                                                                       requested that the Commission waive                     Number SR–BX–2018–046. This file
                                               system, and, in general to protect                      the 30-day operative delay so that the
                                               investors and the public interest, by                                                                           number should be included on the
                                                                                                       proposed rule change may become                         subject line if email is used. To help the
                                               promoting efficiency and structural                     operative upon filing. Waiver of the
                                               conformity of the Exchange’s processes                                                                          Commission process and review your
                                                                                                       operative delay would allow the                         comments more efficiently, please use
                                               with those of the Affiliated Exchanges                  Exchange to promptly relocate the
                                               and to make the Exchange’s Rulebook                                                                             only one method. The Commission will
                                                                                                       Pricing Schedule rules and continue to                  post all comments on the Commission’s
                                               easier to read and more accessible to its               reorganize its Rulebook to promote
                                               Members and market participants. The                                                                            internet website (http://www.sec.gov/
                                                                                                       efficiency and structural consistency                   rules/sro.shtml). Copies of the
                                               Exchange believes that the relocation of                between the Exchange’s rules and those
                                               the Equities and Options Pricing rules,                                                                         submission, all subsequent
                                                                                                       of the Affiliated Exchanges. The                        amendments, all written statements
                                               cross-reference updates, and the                        Commission believes that waiver of the
                                               amendment to the Equity 4’s title are of                                                                        with respect to the proposed rule
                                                                                                       30-day operative delay is consistent                    change that are filed with the
                                               a non-substantive nature.                               with the protection of investors and the                Commission, and all written
                                               B. Self-Regulatory Organization’s                       public interest. Accordingly, the                       communications relating to the
                                               Statement on Burden on Competition                      Commission hereby waives the                            proposed rule change between the
                                                                                                       operative delay and designates the                      Commission and any person, other than
                                                 The Exchange does not believe that                    proposed rule change operative upon
                                               the proposed rule change will impose                                                                            those that may be withheld from the
                                                                                                       filing.13                                               public in accordance with the
                                               any burden on competition not
                                               necessary or appropriate in furtherance                   9 15
                                                                                                                                                               provisions of 5 U.S.C. 552, will be
                                                                                                               U.S.C. 78s(b)(3)(A).
                                               of the purposes of the Act. The                           10 17  CFR 240.19b–4(f)(6). As required under Rule
                                                                                                                                                               available for website viewing and
                                               proposed changes do not impose a                        19b–4(f)(6)(iii), the Exchange provided the             printing in the Commission’s Public
                                               burden on competition because, as                       Commission with written notice of its intent to file    Reference Room, 100 F Street NE,
                                                                                                       the proposed rule change, along with a brief            Washington, DC 20549, on official
daltland on DSKBBV9HB2PROD with NOTICES




                                               previously stated, they (i) are of a non-               description and the text of the proposed rule
                                               substantive nature, (ii) are intended to                change, at least five business days prior to the date
                                                                                                                                                               business days between the hours of
                                                                                                       of filing of the proposed rule change, or such          10:00 a.m. and 3:00 p.m. Copies of the
                                                  6 See Securities Exchange Act Release No. 83535      shorter time as designated by the Commission.           filing also will be available for
                                               (June 28, 2018), 83 FR 31241 (July 3, 2018) (SR–BX–       11 17 CFR 240.19b–4(f)(6).

                                               2018–024).                                                12 17 CFR 240.19b–4(f)(6)(iii).
                                                                                                                                                               considered the proposed rule’s impact on
                                                  7 15 U.S.C. 78f(b).                                    13 For purposes only of waiving the 30-day            efficiency, competition, and capital formation. See
                                                  8 15 U.S.C. 78f(b)(5).                               operative delay, the Commission also has                15 U.S.C. 78c(f).



                                          VerDate Sep<11>2014   17:11 Oct 04, 2018   Jkt 247001   PO 00000   Frm 00085   Fmt 4703   Sfmt 4703   E:\FR\FM\05OCN1.SGM    05OCN1


                                               50416                              Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Notices

                                               inspection and copying at the principal                  I. Self-Regulatory Organization’s                      of the proposed MDO, EDGA’s MDO,
                                               office of the Exchange. All comments                     Statement of the Terms of Substance of                 NYSE Arca’s Discretionary Pegged
                                               received will be posted without change.                  the Proposed Rule Change                               Order, and IEX’s Discretionary Peg
                                               Persons submitting comments are                             The Exchange is proposing to adopt a                Order would be the same—being pegged
                                               cautioned that we do not redact or edit                  new order type called the MidPoint                     to the NBBO, as applicable, with
                                               personal identifying information from                    Discretionary Order (‘‘MDO’’) under                    discretion to execute to the midpoint of
                                               comment submissions. You should                                                                                 the NBBO.
                                                                                                        paragraph (g) of Exchange Rule 11.8 and
                                               submit only information that you wish                                                                              Proposed Operation. An MDO would
                                                                                                        to amend the definition of the Super
                                               to make available publicly. All                                                                                 be defined as a Limit Order 7 that is
                                                                                                        Aggressive instruction under paragraph                 executable at the National Best Bid
                                               submissions should refer to File                         (n)(2) of Exchange Rule 11.6.
                                               Number SR–BX–2018–046 and should                                                                                (‘‘NBB’’) for an order to buy or the
                                                                                                           The text of the proposed rule change                National Best Offer (‘‘NBO’’) for an
                                               be submitted on or before October 26,                    is available at the Exchange’s website at
                                               2018.                                                                                                           order to sell while resting on the EDGX
                                                                                                        www.markets.cboe.com, at the principal                 Book,8 with discretion to execute at
                                                 For the Commission, by the Division of                 office of the Exchange, and at the                     prices to and including the midpoint of
                                               Trading and Markets, pursuant to delegated               Commission’s Public Reference Room.                    the NBBO. Upon entry, an MDO will
                                               authority.14                                                                                                    only execute against resting orders that
                                                                                                        II. Self-Regulatory Organization’s
                                               Eduardo A. Aleman,                                       Statement of the Purpose of, and                       include a Super Aggressive instruction 9
                                               Assistant Secretary.                                     Statutory Basis for, the Proposed Rule                 priced at the MDO’s pegged price if the
                                               [FR Doc. 2018–21681 Filed 10–4–18; 8:45 am]              Change                                                 MDO also contains a Displayed
                                                                                                                                                               instruction 10 and against orders with a
                                               BILLING CODE 8011–01–P                                     In its filing with the Commission, the               Non-Displayed Swap (‘‘NDS’’)
                                                                                                        Exchange included statements                           instruction 11 priced at the MDO’s
                                                                                                        concerning the purpose of and basis for                pegged price or within its discretionary
                                               SECURITIES AND EXCHANGE                                  the proposed rule change and discussed
                                               COMMISSION                                                                                                      range. As a result, an MDO will not act
                                                                                                        any comments it received on the                        as a liquidity remover upon entry
                                                                                                        proposed rule change. The text of these                against resting orders at its pegged price
                                               [Release No. 34–84327; File No. SR–                      statements may be examined at the                      or at any price within its discretionary
                                               CboeEDGX–2018–041]                                       places specified in Item IV below. The                 range. Should a resting contra-side order
                                                                                                        Exchange has prepared summaries, set                   within the MDO’s discretionary range
                                               Self-Regulatory Organizations; Cboe                      forth in Sections A, B, and C below, of                not include an NDS instruction, the
                                               EDGX Exchange, Inc.; Notice of Filing                    the most significant parts of such                     incoming MDO will be placed on the
                                               and Immediate Effectiveness of a                         statements.                                            EDGX Book and its discretionary range
                                               Proposed Rule Change To Adopt a
                                                                                                        A. Self-Regulatory Organization’s                      shortened to equal the limit price of the
                                               New Order Type Called the MidPoint                                                                              contra-side resting order. Likewise,
                                               Discretionary Order (‘‘MDO’’) Under                      Statement of the Purpose of, and
                                                                                                        Statutory Basis for, the Proposed Rule                 where an incoming order with a Post
                                               Paragraph (g) of Exchange Rule 11.8                                                                             Only instruction 12 does not remove
                                               and To Amend the Definition of the                       Change
                                               Super Aggressive Instruction Under                       1. Purpose                                             may be pegged to the inside quote on the same side
                                               Paragraph (n)(2) of Exchange Rule 11.6                                                                          of the market with discretion to the midpoint of the
                                                                                                          The Exchange proposes to adopt a                     NBBO, i.e., Discretionary Peg orders). See also
                                               October 1, 2018.                                         new order type known as the MDO                        Securities Exchange Act Release No. 78101 (June
                                                                                                        under new paragraph (g) of Exchange                    17, 2016), 81 FR 41141 (June 23, 2016) (order
                                                  Pursuant to Section 19(b)(1) of the                   Rule 11.8 and to amend the definition                  approving the IEX exchange application, which
                                               Securities Exchange Act of 1934 (the                     of the Super Aggressive instruction
                                                                                                                                                               included IEX’s Discretionary Peg Orders and
                                                                                                                                                               Discretionary Peg Order).
                                               ‘‘Act’’),1 and Rule 19b–4 thereunder,2                   under paragraph (n)(2) of Exchange Rule                   7 See Exchange Rule 11.8(b). In sum, a Limit
                                               notice is hereby given that on                           11.6.                                                  Order is an order to buy or sell a stated amount of
                                               September 19, 2018, Cboe EDGX                                                                                   a security at a specified price or better.
                                               Exchange, Inc. (the ‘‘Exchange’’ or                      Proposed MDOs on EDGX                                     8 See Exchange Rule 1.5(d).
                                                                                                                                                                  9 See Exchange Rule 11.6(n)(2).
                                               ‘‘EDGX’’) filed with the Securities and                    MDOs are designed to exercise                           10 Pursuant to the terms of the Super Aggressive
                                               Exchange Commission (‘‘Commission’’)                     discretion to execute to the midpoint of               instruction, such orders execute against incoming
                                               the proposed rule change as described                    the NBBO and provide price                             orders with a Post Only instruction only when such
                                               in Items I and II below, which Items                     improvement to contra-side orders over                 orders also contain a Displayed instruction. See
                                               have been prepared by the Exchange.                                                                             Exchange Rule 11.6(n)(7). As noted below, the
                                                                                                        the NBBO. The proposed MDO would                       Exchange also proposes to amend the definition of
                                               The Exchange has designated this                         function similarly to the MDO offered                  the Super Aggressive instruction to reflect the
                                               proposal as a ‘‘non-controversial’’                      by EDGA,5 but would also include                       addition of the MDO order type. Further, although
                                               proposed rule change pursuant to                         certain aspects that mirror functionality              an order with a Super Aggressive instruction resting
                                               Section 19(b)(3)(A) of the Act 3 and Rule                                                                       at the pegged price of an MDO should be a rare
                                                                                                        currently available through the                        occurrence, because orders with a Super Aggressive
                                               19b–4(f)(6)(iii) thereunder,4 which                      Discretionary Pegged Order and MPL–                    instruction route to locking or crossing quotes at
                                               renders it effective upon filing with the                ALO Order offered by NYSE Arca, as                     away Trading Centers and an MDO is pegged to the
                                               Commission. The Commission is                            well as the Discretionary Peg Order                    NBBO (i.e., the locking price), it is possible to have
                                                                                                                                                               an order with a Super Aggressive instruction at
                                               publishing this notice to solicit                        offered by IEX.6 The core functionality                such price based on the Exchange’s matching and
                                               comments on the proposed rule change
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                                                                               routing logic as well as the Exchange’s calculation
                                               from interested persons.                                   5 See EDGA Rule 11.8(e).                             of the NBBO and processing of quote updates. See,
                                                                                                          6 See NYSE Arca Rule 7.31–E(h)(3) (defining the      e.g., Securities Exchange Act Release No. 74072
                                                                                                        Discretionary Pegged Order). See also Securities       (January 15, 2015), 80 FR 3282 (January 22, 2015)
                                                 14 17 CFR 200.30–3(a)(12).
                                                                                                        Exchange Act Release No. 78181 (June 28, 2016), 81     (SR–EDGX–2015–02) (describing the Exchange’s
                                                 1 15 U.S.C. 78s(b)(1).                                 FR 43297 (July 1, 2016) (order approving the           calculation of the NBBO, including router feedback
                                                 2 17 CFR 240.19b–4.                                                                                           and other details).
                                                                                                        Discretionary Pegged Order). See NYSE Arca Rule
                                                 3 15 U.S.C. 78s(b)(3)(A).                                                                                        11 See Exchange Rule 11.6(n)(7).
                                                                                                        7.31–E(d)(3)(F). See IEX Rule 11.190(a)(3) (defining
                                                 4 17 CFR 240.19b–4(f)(6)(iii).                         Pegged Orders and a non-displayed order which             12 See Exchange Rule 11.6(n)(4).




                                          VerDate Sep<11>2014   17:11 Oct 04, 2018    Jkt 247001   PO 00000   Frm 00086   Fmt 4703   Sfmt 4703   E:\FR\FM\05OCN1.SGM   05OCN1



Document Created: 2018-10-05 01:53:19
Document Modified: 2018-10-05 01:53:19
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 50414 

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