83_FR_62884 83 FR 62651 - Self-Regulatory Organizations; Nasdaq BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Rule 4756(c)(2)

83 FR 62651 - Self-Regulatory Organizations; Nasdaq BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Rule 4756(c)(2)

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 233 (December 4, 2018)

Page Range62651-62653
FR Document2018-26273

Federal Register, Volume 83 Issue 233 (Tuesday, December 4, 2018)
[Federal Register Volume 83, Number 233 (Tuesday, December 4, 2018)]
[Notices]
[Pages 62651-62653]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-26273]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84674; File No. SR-BX-2018-058]


Self-Regulatory Organizations; Nasdaq BX, Inc.; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Amend Rule 
4756(c)(2)

November 28, 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 November 16, 2018, Nasdaq BX, Inc. (``BX'' or ``Exchange'') filed 
with the Securities and Exchange Commission (``SEC'' or ``Commission'') 
the proposed rule change as described in Items I and II below, which 
Items have been prepared by the Exchange. The Commission is publishing 
this notice to solicit comments on the proposed rule change from 
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to allow the Exchange to aggregate Displayed 
odd-lot Orders across price levels for transmission to network 
processors as the Exchange's best priced Order under Rule 4756(c)(2). 
While these amendments are effective upon filing, the Exchange has 
designated the proposed amendments to be operative in the first quarter 
of 2019, and will announce the precise date by Equity Trader Alert at 
least thirty days prior to implementation.
    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 is proposing to amend Rule 4756 to allow the Exchange 
to aggregate Displayed \3\ odd-lot Orders across price levels for 
transmission to network processors as the Exchange's best ranked 
Displayed Order(s), which is based on how NYSE Arca, Inc. handles such 
orders pursuant to NYSE Arca Rule 7.36-E(b)(3).\4\ Rule 4756 concerns 
entry and display of Quotes \5\

[[Page 62652]]

and Orders,\6\ and paragraph (c) thereunder provides how the System \7\ 
will display Quotes and Orders submitted to the System. Rule 
4756(c)(2), which the Exchange is proposing to amend, describes what 
the Exchange transmits to the network processors as the Exchange's best 
priced Order. Specifically, Rule 4756(c)(2) provides that, for each 
System Security,\8\ the aggregate size of all Quotes and Orders at the 
best price to buy and sell resident in the System will be transmitted 
for display to the appropriate network processor, unless the aggregate 
size is less than one round lot, in which case the aggregate size will 
be displayed in the System Book Feed \9\ but not be transmitted to a 
network processor.\10\ Thus, pursuant to Rule 4756(c)(2) Orders with an 
aggregate size of less than one round lot at a particular price level 
are displayed in the System Book Feed, but are not transmitted to a 
network processor. For example, if the Exchange best bid is $10.00, and 
there are the following three odd-lot Orders resting displayed on the 
Exchange Book with no other interest resting on the Exchange Book--25 
shares to buy at $10.00, 25 shares to buy at $9.99, and 50 shares to 
buy at $9.98--the System will not transmit any of these Orders to the 
appropriate processor, but rather will post them to the System Book 
Feed.\11\
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    \3\ Display is an Order Attribute that allows the price and size 
of an Order to be displayed to market participants via market data 
feeds. Certain Order Types may be non-displayed if they are not 
assigned a Display Order Attribute, and all non-displayed Orders may 
be referred to as ``Non-Displayed Orders'' (See Rule 4703(b)(3)(A) 
[sic]). In contrast, an Order with a Display Order Attribute may be 
referred to as a ``Displayed Order.'' See Rule 4703(k).
    \4\ See Securities Exchange Act Release No. 74796 (April 23, 
2015), 80 FR 23838 (April 29, 2015) (SR-NYSEArca-2015-08).
    \5\ The term ``Quote'' means a single bid or offer quotation 
submitted to the System by a Market Maker or Equities Electronic 
Communications Network and designated for display (price and size) 
next to the Participant's Market Participant Identifier in the 
Exchange Book. Quotes are entered in the form of Orders with 
Attribution (as defined in Rule 4703). Accordingly, all Quotes are 
also Orders. See Rule 4701(d).
    \6\ The term ``Order'' means an instruction to trade a specified 
number of shares in a specified System Security submitted to the 
System by a Participant. An ``Order Type'' is a standardized set of 
instructions associated with an Order that define how it will behave 
with respect to pricing, execution, and/or posting to the Exchange 
Book when submitted to the System. An ``Order Attribute'' is a 
further set of variable instructions that may be associated with an 
Order to further define how it will behave with respect to pricing, 
execution, and/or posting to the Exchange Book when submitted to the 
System. The available Order Types and Order Attributes, and the 
Order Attributes that may be associated with particular Order Types, 
are described in Rules 4702 and 4703. One or more Order Attributes 
may be assigned to a single Order; provided, however, that if the 
use of multiple Order Attributes would provide contradictory 
instructions to an Order, the System will reject the Order or remove 
non-conforming Order Attributes. See Rule 4701(e).
    \7\ The term ``Nasdaq BX Equities Market'' or ``System'' shall 
mean the automated system for order execution and trade reporting 
owned and operated by the Exchange. See Rule 4701(a).
    \8\ The term ``System Securities'' shall mean any NMS stock, as 
defined in SEC Rule 600 except securities specifically excluded from 
trading via a list of excluded securities posted on 
www.nasdaqtrader.com. See Rule 4701(b).
    \9\ The term ``System Book Feed'' shall mean a data feed for 
System Securities, generally known as the BX TotalView ITCH feed. 
See Rule 4701(l).
    \10\ Consequently, the Exchange currently will aggregate and 
transmit to the network processor odd-lot Orders at a particular 
price level if such Orders aggregate to at least one round lot and 
are priced better than the best-priced round lot interest on the 
Exchange Book.
    \11\ The Exchange notes that the network processors only accept 
quotations in round lots. As a consequence, if aggregated Orders do 
not equal a round lot the Exchange will round down to the nearest 
round lot for purposes of reporting to the appropriate network 
processor. This proposal does not change this process.
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    The Exchange is proposing to amend Rule 4756(c)(2) to allow the 
Exchange to aggregate odd-lot sized Displayed Orders at multiple price 
points that equal at least a round lot for purposes of transmitting the 
Exchange's best ranked Displayed Order(s) to the appropriate processor. 
In assigning a price to such aggregated odd-lot Orders, the Exchange 
would use the highest (lowest) price to buy (sell) wherein the 
aggregate size of all displayed buy (sell) interest in the System 
greater (less) than or equal to that price is one round lot or greater. 
Consequently, because the aggregated Displayed odd-lot Orders represent 
the best price available on the Exchange, they would be transmitted to 
the network processor as such. Using the example above, all three odd-
lot Orders resting displayed on the Exchange Book would be aggregated 
into a round lot Order and reported to the appropriate processor for 
quoting at a price of $9.98.\12\ The Exchange is proposing to amend 
Rule 4756(c)(2) to add four new subparagraphs to the rule, which 
provide that the Exchange will transmit to the appropriate processor 
the highest (lowest) price to buy (sell) wherein the aggregate size of 
all displayed buy (sell) interest in the System greater (less) than or 
equal to that price is one round lot or greater, and that the aggregate 
size of all displayed buy (sell) interest in the System greater (less) 
than or equal to that price will be transmitted rounded down to the 
nearest round lot.\13\
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    \12\ The Exchange notes that it is not proposing to change how 
it processes Orders for execution. Thus, Orders resting on the 
Exchange Book will be executed in price/display/time priority 
pursuant to Rule 4757.
    \13\ Supra note 10 [sic].
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    The Exchange is also proposing to make clarifying changes to Rule 
4756(c)(2). Currently, the rule does not note that the obligation to 
report the highest (lowest) aggregate Displayed interest to buy (sell) 
arises from Rule 602 of Regulation NMS. The Exchange is amending the 
rule to affirmatively state that the transmission to the appropriate 
network processor is done pursuant to Rule 602 of Regulation NMS. The 
Exchange is also deleting the text concerning the display in the System 
Book Feed of all Quotes and Orders at the best price to buy and sell 
resident in the System that are less than one round lot. The Exchange 
believes that this text is redundant of paragraph (1) of Rule 4756(c) 
and serves no purpose under the clarified rule. The Exchange notes that 
the clarifying changes do not alter how it currently handles Quotes and 
Orders for display and trade reporting.
    The Exchange plans to implement the change proposed herein in the 
first quarter of 2019, and will announce the precise date by Equity 
Trader Alert at least thirty days prior to implementation.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act,\14\ in general, and furthers the objectives of Section 
6(b)(5) of the Act,\15\ 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, because the proposed change would remove impediments to and 
perfect the mechanism of a free and open market and a national market 
system by allowing the Exchange to aggregate odd lot Orders across 
multiple price levels for purposes of determining the Exchange's best 
ranked Displayed Order(s) for transmission to the appropriate network 
processor. The proposed change will provide market participants with 
greater visibility into liquidity available on the Exchange via the 
appropriate network processor. Because arriving marketable contra-side 
Orders execute in price-time priority against resting odd-lot Orders 
priced better than resting round-lot Orders, the Exchange believes that 
it is appropriate to display such odd-lot interest on the public data 
feeds as the Exchange's best bid or offer if in the aggregate, they 
equal a round lot or more. The Exchange further believes that 
aggregating such odd-lot Orders at the highest (lowest) price to buy 
(sell) wherein the aggregate size of all buy (sell) interest in the 
System greater (less) than or equal to that price is one round lot or 
greater would remove impediments to and perfect the mechanism of a free 
and open market because it represents the best aggregated execution 
price for incoming sell (buy) Orders. The Exchange notes that the 
incoming marketable interest would receive price improvement when 
executing against any odd-lot orders priced better than the aggregated 
displayed price. Last, the

[[Page 62653]]

Exchange believes that the proposed clarifying changes will help 
promote a better understanding of the operation of the rule. As noted 
above, the clarifying changes do not alter how the Exchange currently 
handles Quotes and Orders for display and trade reporting.
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    \14\ 15 U.S.C. 78f(b).
    \15\ 15 U.S.C. 78f(b)(5).
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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. As noted above, the Exchange is 
copying functionality that is currently in use by a competitor 
exchange. The proposed change may increase the Exchange's position at 
the National Best Bid and Offer, thus allowing the Exchange to receive 
greater Order flow and, consequently, executions. This is the same 
benefit that the competitor exchange has received since adopting the 
process proposed herein. Thus, the proposed change is a competitive 
response, but does not place any burden on competition because it is 
copying a process used by a competitor exchange, which was approved by 
the Commission.

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 \16\ and Rule 19b-
4(f)(6) thereunder.\17\
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    \16\ 15 U.S.C. 78s(b)(3)(A).
    \17\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) 
requires a self-regulatory organization to give the Commission 
written notice of its intent to file the proposed rule change, along 
with a brief description and text of the proposed rule change, at 
least five business days prior to the date of filing of the proposed 
rule change, or such shorter time as designated by the Commission. 
The Exchange has satisfied this requirement.
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    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 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-2018-058 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-2018-058. 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-2018-058 and should be submitted on 
or before December 26, 2018.
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    \18\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\18\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-26273 Filed 12-3-18; 8:45 am]
 BILLING CODE 8011-01-P



                                     Federal Register / Vol. 83, No. 233 / Tuesday, December 4, 2018 / Notices                                                   62651

     C. Self-Regulatory Organization’s                          those that may be withheld from the                   the Exchange’s best priced Order under
     Statement on Comments on the                               public in accordance with the                         Rule 4756(c)(2). While these
     Proposed Rule Change Received From                         provisions of 5 U.S.C. 552, will be                   amendments are effective upon filing,
     Members, Participants, or Others                           available for website viewing and                     the Exchange has designated the
       No written comments were either                          printing in the Commission’s Public                   proposed amendments to be operative
     solicited or received.                                     Reference Room, 100 F Street NE,                      in the first quarter of 2019, and will
                                                                Washington, DC 20549, on official                     announce the precise date by Equity
     III. Date of Effectiveness of the                          business days between the hours of                    Trader Alert at least thirty days prior to
     Proposed Rule Change and Timing for                        10:00 a.m. and 3:00 p.m. Copies of the                implementation.
     Commission Action                                          filing also will be available for                        The text of the proposed rule change
        The foregoing rule change has become                    inspection and copying at the principal               is available on the Exchange’s website at
     effective pursuant to Section                              office of the Exchange. All comments                  http://nasdaqbx.cchwallstreet.com/, at
     19(b)(3)(A)(ii) of the Act.14                              received will be posted without change.               the principal office of the Exchange, and
        At any time within 60 days of the                       Persons submitting comments are                       at the Commission’s Public Reference
     filing of the proposed rule change, the                    cautioned that we do not redact or edit               Room.
     Commission summarily may                                   personal identifying information from
     temporarily suspend such rule change if                    comment submissions. You should                       II. Self-Regulatory Organization’s
     it appears to the Commission that such                     submit only information that you wish                 Statement of the Purpose of, and
     action is: (i) Necessary or appropriate in                 to make available publicly. All                       Statutory Basis for, the Proposed Rule
     the public interest; (ii) for the protection               submissions should refer to File                      Change
     of investors; or (iii) otherwise in                        Number SR–BX–2018–057 and should
                                                                be submitted on or before December 26,                  In its filing with the Commission, the
     furtherance of the purposes of the Act.                                                                          Exchange included statements
     If the Commission takes such action, the                   2018.
                                                                                                                      concerning the purpose of and basis for
     Commission shall institute proceedings                       For the Commission, by the Division of              the proposed rule change and discussed
     to determine whether the proposed rule                     Trading and Markets, pursuant to delegated
                                                                                                                      any comments it received on the
     should be approved or disapproved.                         authority.15
                                                                                                                      proposed rule change. The text of these
                                                                Eduardo A. Aleman,
     IV. Solicitation of Comments                                                                                     statements may be examined at the
                                                                Assistant Secretary.
       Interested persons are invited to                                                                              places specified in Item IV below. The
                                                                [FR Doc. 2018–26267 Filed 12–3–18; 8:45 am]
     submit written data, views, and                                                                                  Exchange has prepared summaries, set
                                                                BILLING CODE 8011–01–P                                forth in sections A, B, and C below, of
     arguments concerning the foregoing,
     including whether the proposed rule                                                                              the most significant aspects of such
     change is consistent with the Act.                                                                               statements.
                                                                SECURITIES AND EXCHANGE
     Comments may be submitted by any of                        COMMISSION                                            A. Self-Regulatory Organization’s
     the following methods:                                                                                           Statement of the Purpose of, and
                                                                [Release No. 34–84674; File No. SR–BX–
     Electronic Comments                                        2018–058]                                             Statutory Basis for, the Proposed Rule
                                                                                                                      Change
       • Use the Commission’s internet
                                                                Self-Regulatory Organizations; Nasdaq                 1. Purpose
     comment form (http://www.sec.gov/                          BX, Inc.; Notice of Filing and
     rules/sro.shtml); or                                       Immediate Effectiveness of Proposed
       • Send an email to rule-comments@                                                                                 The Exchange is proposing to amend
                                                                Rule Change To Amend Rule 4756(c)(2)                  Rule 4756 to allow the Exchange to
     sec.gov. Please include File Number SR–
     BX–2018–057 on the subject line.                                                                                 aggregate Displayed 3 odd-lot Orders
                                                                November 28, 2018.
                                                                                                                      across price levels for transmission to
     Paper Comments                                                Pursuant to Section 19(b)(1) of the                network processors as the Exchange’s
                                                                Securities Exchange Act of 1934
       • Send paper comments in triplicate                      (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                                                                                      best ranked Displayed Order(s), which
     to Secretary, Securities and Exchange                                                                            is based on how NYSE Arca, Inc.
                                                                notice is hereby given that on November               handles such orders pursuant to NYSE
     Commission, 100 F Street NE,                               16, 2018, Nasdaq BX, Inc. (‘‘BX’’ or
     Washington, DC 20549–1090.                                                                                       Arca Rule 7.36–E(b)(3).4 Rule 4756
                                                                ‘‘Exchange’’) filed with the Securities
     All submissions should refer to File                                                                             concerns entry and display of Quotes 5
                                                                and Exchange Commission (‘‘SEC’’ or
     Number SR–BX–2018–057. This file                           ‘‘Commission’’) the proposed rule
     number should be included on the                           change as described in Items I and II
                                                                                                                        3 Display is an Order Attribute that allows the

     subject line if email is used. To help the                                                                       price and size of an Order to be displayed to market
                                                                below, which Items have been prepared                 participants via market data feeds. Certain Order
     Commission process and review your                         by the Exchange. The Commission is                    Types may be non-displayed if they are not
     comments more efficiently, please use                      publishing this notice to solicit                     assigned a Display Order Attribute, and all non-
     only one method. The Commission will                       comments on the proposed rule change
                                                                                                                      displayed Orders may be referred to as ‘‘Non-
     post all comments on the Commission’s                                                                            Displayed Orders’’ (See Rule 4703(b)(3)(A) [sic]). In
                                                                from interested persons.                              contrast, an Order with a Display Order Attribute
     internet website (http://www.sec.gov/                                                                            may be referred to as a ‘‘Displayed Order.’’ See Rule
     rules/sro.shtml). Copies of the                            I. Self-Regulatory Organization’s                     4703(k).
     submission, all subsequent                                 Statement of the Terms of Substance of                  4 See Securities Exchange Act Release No. 74796

     amendments, all written statements                         the Proposed Rule Change                              (April 23, 2015), 80 FR 23838 (April 29, 2015) (SR–
                                                                                                                      NYSEArca–2015–08).
     with respect to the proposed rule                             The Exchange proposes to allow the                   5 The term ‘‘Quote’’ means a single bid or offer
     change that are filed with the                             Exchange to aggregate Displayed odd-lot               quotation submitted to the System by a Market
     Commission, and all written                                Orders across price levels for                        Maker or Equities Electronic Communications
     communications relating to the                             transmission to network processors as                 Network and designated for display (price and size)
     proposed rule change between the                                                                                 next to the Participant’s Market Participant
                                                                                                                      Identifier in the Exchange Book. Quotes are entered
     Commission and any person, other than                        15 17 CFR 200.30–3(a)(12).                          in the form of Orders with Attribution (as defined
                                                                  1 15 U.S.C. 78s(b)(1).                              in Rule 4703). Accordingly, all Quotes are also
       14 15   U.S.C. 78s(b)(3)(A)(ii).                           2 17 CFR 240.19b–4.                                 Orders. See Rule 4701(d).



VerDate Sep<11>2014      17:36 Dec 03, 2018   Jkt 247001   PO 00000   Frm 00092   Fmt 4703   Sfmt 4703   E:\FR\FM\04DEN1.SGM   04DEN1


     62652                       Federal Register / Vol. 83, No. 233 / Tuesday, December 4, 2018 / Notices

     and Orders,6 and paragraph (c)                          will post them to the System Book                     one round lot. The Exchange believes
     thereunder provides how the System 7                    Feed.11                                               that this text is redundant of paragraph
     will display Quotes and Orders                             The Exchange is proposing to amend                 (1) of Rule 4756(c) and serves no
     submitted to the System. Rule                           Rule 4756(c)(2) to allow the Exchange to              purpose under the clarified rule. The
     4756(c)(2), which the Exchange is                       aggregate odd-lot sized Displayed                     Exchange notes that the clarifying
     proposing to amend, describes what the                  Orders at multiple price points that                  changes do not alter how it currently
     Exchange transmits to the network                       equal at least a round lot for purposes               handles Quotes and Orders for display
     processors as the Exchange’s best priced                of transmitting the Exchange’s best                   and trade reporting.
     Order. Specifically, Rule 4756(c)(2)                    ranked Displayed Order(s) to the                        The Exchange plans to implement the
     provides that, for each System                          appropriate processor. In assigning a                 change proposed herein in the first
     Security,8 the aggregate size of all                    price to such aggregated odd-lot Orders,              quarter of 2019, and will announce the
     Quotes and Orders at the best price to                  the Exchange would use the highest                    precise date by Equity Trader Alert at
     buy and sell resident in the System will                (lowest) price to buy (sell) wherein the              least thirty days prior to
                                                             aggregate size of all displayed buy (sell)            implementation.
     be transmitted for display to the
                                                             interest in the System greater (less) than
     appropriate network processor, unless                                                                         2. Statutory Basis
                                                             or equal to that price is one round lot
     the aggregate size is less than one round                                                                        The Exchange believes that its
                                                             or greater. Consequently, because the
     lot, in which case the aggregate size will              aggregated Displayed odd-lot Orders                   proposal is consistent with Section 6(b)
     be displayed in the System Book Feed 9                  represent the best price available on the             of the Act,14 in general, and furthers the
     but not be transmitted to a network                     Exchange, they would be transmitted to                objectives of Section 6(b)(5) of the Act,15
     processor.10 Thus, pursuant to Rule                     the network processor as such. Using                  in particular, in that it is designed to
     4756(c)(2) Orders with an aggregate size                the example above, all three odd-lot                  promote just and equitable principles of
     of less than one round lot at a particular              Orders resting displayed on the                       trade, to remove impediments to and
     price level are displayed in the System                 Exchange Book would be aggregated                     perfect the mechanism of a free and
     Book Feed, but are not transmitted to a                 into a round lot Order and reported to                open market and a national market
     network processor. For example, if the                  the appropriate processor for quoting at              system, and, in general to protect
     Exchange best bid is $10.00, and there                  a price of $9.98.12 The Exchange is                   investors and the public interest,
     are the following three odd-lot Orders                  proposing to amend Rule 4756(c)(2) to                 because the proposed change would
     resting displayed on the Exchange Book                  add four new subparagraphs to the rule,               remove impediments to and perfect the
     with no other interest resting on the                   which provide that the Exchange will                  mechanism of a free and open market
     Exchange Book—25 shares to buy at                       transmit to the appropriate processor                 and a national market system by
     $10.00, 25 shares to buy at $9.99, and                  the highest (lowest) price to buy (sell)              allowing the Exchange to aggregate odd
     50 shares to buy at $9.98—the System                    wherein the aggregate size of all                     lot Orders across multiple price levels
     will not transmit any of these Orders to                displayed buy (sell) interest in the                  for purposes of determining the
     the appropriate processor, but rather                   System greater (less) than or equal to                Exchange’s best ranked Displayed
                                                             that price is one round lot or greater,               Order(s) for transmission to the
        6 The term ‘‘Order’’ means an instruction to trade   and that the aggregate size of all                    appropriate network processor. The
     a specified number of shares in a specified System      displayed buy (sell) interest in the                  proposed change will provide market
     Security submitted to the System by a Participant.                                                            participants with greater visibility into
     An ‘‘Order Type’’ is a standardized set of
                                                             System greater (less) than or equal to
     instructions associated with an Order that define       that price will be transmitted rounded                liquidity available on the Exchange via
     how it will behave with respect to pricing,             down to the nearest round lot.13                      the appropriate network processor.
     execution, and/or posting to the Exchange Book             The Exchange is also proposing to                  Because arriving marketable contra-side
     when submitted to the System. An ‘‘Order                make clarifying changes to Rule                       Orders execute in price-time priority
     Attribute’’ is a further set of variable instructions
     that may be associated with an Order to further         4756(c)(2). Currently, the rule does not              against resting odd-lot Orders priced
     define how it will behave with respect to pricing,      note that the obligation to report the                better than resting round-lot Orders, the
     execution, and/or posting to the Exchange Book          highest (lowest) aggregate Displayed                  Exchange believes that it is appropriate
     when submitted to the System. The available Order       interest to buy (sell) arises from Rule               to display such odd-lot interest on the
     Types and Order Attributes, and the Order
     Attributes that may be associated with particular       602 of Regulation NMS. The Exchange                   public data feeds as the Exchange’s best
     Order Types, are described in Rules 4702 and 4703.      is amending the rule to affirmatively                 bid or offer if in the aggregate, they
     One or more Order Attributes may be assigned to         state that the transmission to the                    equal a round lot or more. The Exchange
     a single Order; provided, however, that if the use      appropriate network processor is done                 further believes that aggregating such
     of multiple Order Attributes would provide
     contradictory instructions to an Order, the System      pursuant to Rule 602 of Regulation                    odd-lot Orders at the highest (lowest)
     will reject the Order or remove non-conforming          NMS. The Exchange is also deleting the                price to buy (sell) wherein the aggregate
     Order Attributes. See Rule 4701(e).                     text concerning the display in the                    size of all buy (sell) interest in the
        7 The term ‘‘Nasdaq BX Equities Market’’ or
                                                             System Book Feed of all Quotes and                    System greater (less) than or equal to
     ‘‘System’’ shall mean the automated system for                                                                that price is one round lot or greater
     order execution and trade reporting owned and
                                                             Orders at the best price to buy and sell
     operated by the Exchange. See Rule 4701(a).             resident in the System that are less than             would remove impediments to and
        8 The term ‘‘System Securities’’ shall mean any                                                            perfect the mechanism of a free and
     NMS stock, as defined in SEC Rule 600 except              11 The Exchange notes that the network              open market because it represents the
     securities specifically excluded from trading via a     processors only accept quotations in round lots. As   best aggregated execution price for
     list of excluded securities posted on                   a consequence, if aggregated Orders do not equal a
     www.nasdaqtrader.com. See Rule 4701(b).                 round lot the Exchange will round down to the
                                                                                                                   incoming sell (buy) Orders. The
        9 The term ‘‘System Book Feed’’ shall mean a data    nearest round lot for purposes of reporting to the    Exchange notes that the incoming
     feed for System Securities, generally known as the      appropriate network processor. This proposal does     marketable interest would receive price
     BX TotalView ITCH feed. See Rule 4701(l).               not change this process.                              improvement when executing against
        10 Consequently, the Exchange currently will           12 The Exchange notes that it is not proposing to
                                                                                                                   any odd-lot orders priced better than the
     aggregate and transmit to the network processor         change how it processes Orders for execution. Thus,
     odd-lot Orders at a particular price level if such      Orders resting on the Exchange Book will be           aggregated displayed price. Last, the
     Orders aggregate to at least one round lot and are      executed in price/display/time priority pursuant to
     priced better than the best-priced round lot interest   Rule 4757.                                              14 15   U.S.C. 78f(b).
     on the Exchange Book.                                     13 Supra note 10 [sic].                               15 15   U.S.C. 78f(b)(5).



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                                   Federal Register / Vol. 83, No. 233 / Tuesday, December 4, 2018 / Notices                                                62653

     Exchange believes that the proposed                       public interest, for the protection of               be submitted on or before December 26,
     clarifying changes will help promote a                    investors, or otherwise in furtherance of            2018.
     better understanding of the operation of                  the purposes of the Act. If the                        For the Commission, by the Division of
     the rule. As noted above, the clarifying                  Commission takes such action, the                    Trading and Markets, pursuant to delegated
     changes do not alter how the Exchange                     Commission shall institute proceedings               authority.18
     currently handles Quotes and Orders for                   to determine whether the proposed rule
     display and trade reporting.                              should be approved or disapproved.                   Eduardo A. Aleman,
                                                                                                                    Assistant Secretary.
     B. Self-Regulatory Organization’s                         IV. Solicitation of Comments                         [FR Doc. 2018–26273 Filed 12–3–18; 8:45 am]
     Statement on Burden on Competition                          Interested persons are invited to                  BILLING CODE 8011–01–P
       The Exchange does not believe that                      submit written data, views, and
     the proposed rule change will impose                      arguments concerning the foregoing,
     any burden on competition not                             including whether the proposed rule                  SECURITIES AND EXCHANGE
     necessary or appropriate in furtherance                   change is consistent with the Act.                   COMMISSION
     of the purposes of the Act. As noted                      Comments may be submitted by any of
     above, the Exchange is copying                            the following methods:
                                                                                                                    [Release No. 34–84672; File No. SR–Phlx–
     functionality that is currently in use by
                                                               Electronic Comments                                  2018–75]
     a competitor exchange. The proposed
     change may increase the Exchange’s                          • Use the Commission’s internet
                                                               comment form (http://www.sec.gov/                    Self-Regulatory Organizations; Nasdaq
     position at the National Best Bid and
                                                               rules/sro.shtml); or                                 PHLX LLC; Notice of Filing and
     Offer, thus allowing the Exchange to
     receive greater Order flow and,                             • Send an email to rule–comments@                  Immediate Effectiveness of Proposed
     consequently, executions. This is the                     sec.gov. Please include File Number SR–              Rule Change To Amend Rule 3306(c)(2)
     same benefit that the competitor                          BX–2018–058 on the subject line.
                                                                                                                    November 28, 2018.
     exchange has received since adopting                      Paper Comments
     the process proposed herein. Thus, the                                                                            Pursuant to Section 19(b)(1) of the
     proposed change is a competitive                             • Send paper comments in triplicate               Securities Exchange Act of 1934
     response, but does not place any burden                   to Secretary, Securities and Exchange                (‘‘Act’’),1 and Rule 19b–4 thereunder,2
     on competition because it is copying a                    Commission, 100 F Street NE,                         notice is hereby given that on November
     process used by a competitor exchange,                    Washington, DC 20549–1090.                           16, 2018, Nasdaq PHLX LLC (‘‘Phlx’’ or
     which was approved by the                                 All submissions should refer to File                 ‘‘Exchange’’) filed with the Securities
     Commission.                                               Number SR–BX–2018–058. This file                     and Exchange Commission (‘‘SEC’’ or
                                                               number should be included on the                     ‘‘Commission’’) the proposed rule
     C. Self-Regulatory Organization’s                         subject line if email is used. To help the
     Statement on Comments on the                                                                                   change as described in Items I and II
                                                               Commission process and review your                   below, which Items have been prepared
     Proposed Rule Change Received From                        comments more efficiently, please use
     Members, Participants, or Others                                                                               by the Exchange. The Commission is
                                                               only one method. The Commission will
                                                                                                                    publishing this notice to solicit
       No written comments were either                         post all comments on the Commission’s
                                                               internet website (http://www.sec.gov/                comments on the proposed rule change
     solicited or received.
                                                               rules/sro.shtml). Copies of the                      from interested persons.
     III. Date of Effectiveness of the                         submission, all subsequent
     Proposed Rule Change and Timing for                                                                            I. Self-Regulatory Organization’s
                                                               amendments, all written statements                   Statement of the Terms of Substance of
     Commission Action
                                                               with respect to the proposed rule                    the Proposed Rule Change
        Because the foregoing proposed rule                    change that are filed with the
     change does not: (i) significantly affect                 Commission, and all written                             The Exchange proposes to allow the
     the protection of investors or the public                 communications relating to the                       Exchange to aggregate Displayed odd-lot
     interest; (ii) impose any significant                     proposed rule change between the                     Orders across price levels for
     burden on competition; and (iii) become                   Commission and any person, other than                transmission to network processors as
     operative for 30 days from the date on                    those that may be withheld from the                  the Exchange’s best priced Order under
     which it was filed, or such shorter time                  public in accordance with the                        Rule 3306(c)(2). While these
     as the Commission may designate, it has                   provisions of 5 U.S.C. 552, will be                  amendments are effective upon filing,
     become effective pursuant to Section                      available for website viewing and                    the Exchange has designated the
     19(b)(3)(A) of the Act 16 and Rule 19b–                   printing in the Commission’s Public                  proposed amendments to be operative
     4(f)(6) thereunder.17                                     Reference Room, 100 F Street NE,
        At any time within 60 days of the                                                                           in the first quarter of 2019, and will
                                                               Washington, DC 20549, on official                    announce the precise date by Equity
     filing of the proposed rule change, the                   business days between the hours of
     Commission summarily may                                                                                       Trader Alert at least thirty days prior to
                                                               10:00 a.m. and 3:00 p.m. Copies of the
     temporarily suspend such rule change if                                                                        implementation.
                                                               filing also will be available for
     it appears to the Commission that such                    inspection and copying at the principal                 The text of the proposed rule change
     action is necessary or appropriate in the                 office of the Exchange. All comments                 is available on the Exchange’s website at
                                                               received will be posted without change.              http://nasdaqphlx.cchwallstreet.com/,
       16 15  U.S.C. 78s(b)(3)(A).                             Persons submitting comments are                      at the principal office of the Exchange,
       17 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–
     4(f)(6)(iii) requires a self-regulatory organization to
                                                               cautioned that we do not redact or edit              and at the Commission’s Public
     give the Commission written notice of its intent to       personal identifying information from                Reference Room.
     file the proposed rule change, along with a brief         comment submissions. You should
     description and text of the proposed rule change,         submit only information that you wish
     at least five business days prior to the date of filing
     of the proposed rule change, or such shorter time
                                                               to make available publicly. All                        18 17 CFR 200.30–3(a)(12).
     as designated by the Commission. The Exchange             submissions should refer to File                       1 15 U.S.C. 78s(b)(1).
     has satisfied this requirement.                           Number SR–BX–2018–058 and should                       2 17 CFR 240.19b–4.




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Document Created: 2018-12-04 00:42:39
Document Modified: 2018-12-04 00:42:39
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 62651 

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