83_FR_7554 83 FR 7519 - Self-Regulatory Organizations; Nasdaq GEMX, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Port Fees

83 FR 7519 - Self-Regulatory Organizations; Nasdaq GEMX, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Port Fees

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 35 (February 21, 2018)

Page Range7519-7521
FR Document2018-03451

Federal Register, Volume 83 Issue 35 (Wednesday, February 21, 2018)
[Federal Register Volume 83, Number 35 (Wednesday, February 21, 2018)]
[Notices]
[Pages 7519-7521]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03451]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82713; File No. SR-GEMX-2018-06]


Self-Regulatory Organizations; Nasdaq GEMX, LLC; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Amend Port Fees

February 14, 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 February 9, 2018, Nasdaq GEMX, LLC (``GEMX'' or ``Exchange'') filed 
with the Securities and Exchange Commission (``Commission'') the 
proposed rule change as described in Items I and II below, which Items 
have been prepared by the Exchange. The Commission is publishing this 
notice to solicit comments on the proposed rule change from interested 
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend Port Fees at Section IV, E to 
indicate those fees are not prorated.
    The text of the proposed rule change is available on the Exchange's 
website at http://nasdaqgemx.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 purpose of the proposed rule change is to include language 
within the Schedule of Fees at Section IV, E, entitled ``Port Fees'' to 
clarify that the port fees in this section are not subject to 
proration. Today, the Exchange does not prorate the pricing for these 
ports.
Background
    The Exchange previously filed \3\ to: (1) Establish ports and 
gateways that members use to connect to the Exchange with the migration 
of the Exchange's trading system to the Nasdaq INET architecture, and 
(2) amend the Schedule of Fees to adopt fees for those ports and 
gateways. The Exchange established fees for the following connectivity 
options that are available in connection with the Exchange's trading 
system: Specialized Quote Feed (``SQF''),\4\ SQF Purge,\5\ Ouch to 
Trade Options (``OTTO''),\6\ Clearing Trade Interface (``CTI''),\7\ 
Financial Information eXchange (``FIX''),\8\ FIX Drop,\9\ Disaster 
Recovery,\10\ and Market Data Port.\11\ The Exchange proposes to

[[Page 7520]]

add a clarifying sentence to make clear that port fees are assessed in 
full month increments and are not prorated, to avoid any confusion.
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    \3\ See Securities and Exchange Act Release No. 80649 (May 10, 
2017), 82 FR 22595 (May 16, 2017) (SR-GEMX-2017-07).
    \4\ SQF is an interface that allows market makers to connect and 
send quotes, sweeps and auction responses into the Exchange. Data 
includes the following: (1) Options Auction Notifications (e.g., 
opening imbalance, Flash, PIM, Solicitation and Facilitation or 
other information); (2) Options Symbol Directory Messages; (3) 
System Event Messages (e.g., start of messages, start of system 
hours, start of quoting, start of opening); (4) Option Trading 
Action Messages (e.g., halts, resumes); (5) Execution Messages (6) 
Quote Messages (quote/sweep messages, risk protection triggers or 
purge notifications).
    \5\ SQF Purge is a specific port for the SQF interface that only 
receives and notifies of purge requests from the market maker. 
Dedicated SQF Purge Ports enable market makers to seamlessly manage 
their ability to remove their quotes in a swift manner.
    \6\ OTTO is an interface that allows market participants to 
connect and send orders, auction orders and auction responses into 
the Exchange. Data includes the following: (1) Options Auction 
Notifications (e.g., Flash, PIM, Solicitation and Facilitation or 
other information); (2) Options Symbol Directory Messages; (3) 
System Event Messages (e.g., start of messages, start of system 
hours, start of quoting, start of opening); (5) Option Trading 
Action Messages (e.g., halts, resumes); (6) Execution Messages; (7) 
Order Messages (order messages, risk protection triggers or purge 
notifications).
    \7\ CTI is a real-time clearing trade update message that is 
sent to a member after an execution has occurred and contains trade 
details. The message containing the trade details is also 
simultaneously sent to The Options Clearing Corporation (``OCC''). 
The information includes, among other things, the following: (i) The 
Clearing Member Trade Agreement or ``CMTA'' or ``OCC'' number; (ii) 
Exchange badge or house number; (iii) the Exchange internal firm 
identifier; and (iv) an indicator which will distinguish electronic 
and non-electronically delivered orders; (v) liquidity indicators 
and transaction type for billing purposes; (vi) capacity.
    \8\ FIX is an interface that allows market participants to 
connect and send orders and auction orders into the Exchange. Data 
includes the following: (1) Options Symbol Directory Messages; (2) 
System Event Messages (e.g., start of messages, start of system 
hours, start of quoting, start of opening); (3) Option Trading 
Action Messages (e.g., halts, resumes); (4) Execution Messages; (5) 
Order Messages (order messages, risk protection triggers or purge 
notifications).
    \9\ FIX Drop is a real-time order and execution update message 
that is sent to a member after an order been received/modified or an 
execution has occurred and contains trade details. The information 
includes, among other things, the following: (1) Executions; (2) 
cancellations; (3) modifications to an existing order (4) busts or 
post-trade corrections.
    \10\ Disaster Recovery ports provide connectivity to the 
exchange's disaster recovery data center in Chicago to be utilized 
in the event the exchange has to fail over during the trading day. 
DR Ports are available for SQF, SQF Purge, Dedicated SQF, CTI, OTTO, 
FIX and FIX Drop.
    \11\ Market Data ports provide connectivity to the Exchange's 
proprietary market data feeds, including the Nasdaq GEMX Real-time 
Depth of Market Raw Data Feed (``Depth of Market Feed''), the Nasdaq 
GEMX Order Feed (``Order Feed''), the Nasdaq GEMX Top Quote Feed 
(``Top Quote Feed''), the Nasdaq GEMX Trades Feed (``Trades Feed''), 
and the Nasdaq GEMX Spread Feed (``Spread Feed''). Each of the feeds 
described above, with the exception of the Trades Feed, have 
previously been established as market data offerings of the 
Exchange, and market participants are charged for subscriptions to 
these products. The Trades Feed is a free market data product 
provided to subscribers of at least one of the fee liable market 
data products described above. In connection with the adoption of 
Market Data ports described above, the Exchange further proposes to 
establish the Trades Feed. Market Data ports are available via 
multicast, TCP, or as an intra-day snapshot, except that the intra-
day snapshot option is available solely for the Depth of Market 
Feed, Top Quote Feed, and Spread Feed.
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act,\12\ in general, and furthers the objectives of Section 
6(b)(5) of the Act,\13\ in particular, in that it is designed to 
promote just and equitable principles of trade, to remove impediments 
to and perfect the mechanism of a free and open market and a national 
market system, and, in general to protect investors and the public 
interest, by clearly specifying in Section IV, E that the Exchange's 
pricing regarding ports is not prorated. The Exchange believes that its 
decision to not prorate these ports is consistent with the Act because 
prorating billing results in complexity and increased costs associated 
with the billing process. The Exchange notes that this proposal does 
not amend the Exchange's current billing practice.
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    \12\ 15 U.S.C. 78f(b).
    \13\ 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. The Exchange will uniformly 
assess the fees in Section IV, E to all GEMX Members in a uniform 
manner.

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

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not: (i) 
Significantly affect the protection of investors or the public 
interest; (ii) impose any significant burden on competition; and (iii) 
become operative for 30 days from the date on which it was filed, or 
such shorter time as the Commission may designate, it has become 
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \14\ and 
subparagraph (f)(6) of Rule 19b-4 thereunder.\15\
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    \14\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \15\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) 
requires the Exchange to give the Commission written notice of the 
Exchange's intent to file the proposed rule change, along with a 
brief description and text of the proposed rule change, at least 
five business days prior to the date of filing of the proposed rule 
change, or such shorter time as designated by the Commission. The 
Exchange has satisfied this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) \16\ normally 
does not become operative prior to 30 days after the date of the 
filing. However, Rule 19b-4(f)(6)(iii) \17\ permits the Commission to 
designate a shorter time if such action is consistent with the 
protection of investors and the public interest. The Exchange has asked 
the Commission to waive the 30-day operative delay so that the Exchange 
may clarify that the INET Port Fees in Chapter V, D will not be 
prorated to avoid any misunderstanding. The Exchange notes that adding 
language to clarify that the Exchange will not prorate the INET Port 
Fees in Section V, D does not significantly affect the protection of 
investors or the public interest because there is no substantive change 
to the manner in which the Exchange bills these services. 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 as operative upon filing.\18\
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    \16\ 17 CFR 240.19b-4(f)(6).
    \17\ 17 CFR 240.19b-4(f)(6)(iii).
    \18\ For purposes only of waiving the 30-day operative delay, 
the Commission has also considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-GEMX-2018-06 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-GEMX-2018-06. 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-GEMX-2018-06 and should be submitted on 
or before March 14, 2018.


[[Page 7521]]


    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\19\
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    \19\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-03451 Filed 2-20-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                                         Federal Register / Vol. 83, No. 35 / Wednesday, February 21, 2018 / Notices                                                       7519

                                               proposed rule change between the                        I. Self-Regulatory Organization’s                     (‘‘SQF’’),4 SQF Purge,5 Ouch to Trade
                                               Commission and any person, other than                   Statement of the Terms of Substance of                Options (‘‘OTTO’’),6 Clearing Trade
                                               those that may be withheld from the                     the Proposed Rule Change                              Interface (‘‘CTI’’),7 Financial
                                               public in accordance with the                                                                                 Information eXchange (‘‘FIX’’),8 FIX
                                               provisions of 5 U.S.C. 552, will be                        The Exchange proposes to amend Port                Drop,9 Disaster Recovery,10 and Market
                                               available for website viewing and                       Fees at Section IV, E to indicate those               Data Port.11 The Exchange proposes to
                                               printing in the Commission’s Public                     fees are not prorated.
                                                                                                                                                                4 SQF is an interface that allows market makers
                                               Reference Room, 100 F Street NE,                           The text of the proposed rule change
                                                                                                                                                             to connect and send quotes, sweeps and auction
                                               Washington, DC 20549, on official                       is available on the Exchange’s website at             responses into the Exchange. Data includes the
                                               business days between the hours of                      http://nasdaqgemx.cchwallstreet.com/,                 following: (1) Options Auction Notifications (e.g.,
                                                                                                       at the principal office of the Exchange,              opening imbalance, Flash, PIM, Solicitation and
                                               10:00 a.m. and 3:00 p.m. Copies of the                                                                        Facilitation or other information); (2) Options
                                               filing also will be available for                       and at the Commission’s Public                        Symbol Directory Messages; (3) System Event
                                               inspection and copying at the principal                 Reference Room.                                       Messages (e.g., start of messages, start of system
                                               office of the Exchange. All comments                                                                          hours, start of quoting, start of opening); (4) Option
                                                                                                       II. Self-Regulatory Organization’s                    Trading Action Messages (e.g., halts, resumes); (5)
                                               received will be posted without change.                                                                       Execution Messages (6) Quote Messages (quote/
                                                                                                       Statement of the Purpose of, and
                                               Persons submitting comments are                                                                               sweep messages, risk protection triggers or purge
                                                                                                       Statutory Basis for, the Proposed Rule                notifications).
                                               cautioned that we do not redact or edit
                                                                                                       Change                                                   5 SQF Purge is a specific port for the SQF
                                               personal identifying information from                                                                         interface that only receives and notifies of purge
                                               comment submissions. You should                           In its filing with the Commission, the              requests from the market maker. Dedicated SQF
                                               submit only information that you wish                   Exchange included statements                          Purge Ports enable market makers to seamlessly
                                                                                                                                                             manage their ability to remove their quotes in a
                                               to make available publicly. All                         concerning the purpose of and basis for               swift manner.
                                               submissions should refer to File                        the proposed rule change and discussed                   6 OTTO is an interface that allows market

                                               Number SR–NYSEARCA–2018–12 and                          any comments it received on the                       participants to connect and send orders, auction
                                               should be submitted on or before March                  proposed rule change. The text of these               orders and auction responses into the Exchange.
                                                                                                                                                             Data includes the following: (1) Options Auction
                                               14, 2018.                                               statements may be examined at the                     Notifications (e.g., Flash, PIM, Solicitation and
                                                 For the Commission, by the Division of                places specified in Item IV below. The                Facilitation or other information); (2) Options
                                                                                                       Exchange has prepared summaries, set                  Symbol Directory Messages; (3) System Event
                                               Trading and Markets, pursuant to delegated                                                                    Messages (e.g., start of messages, start of system
                                               authority.13                                            forth in sections A, B, and C below, of               hours, start of quoting, start of opening); (5) Option
                                               Eduardo A. Aleman,                                      the most significant aspects of such                  Trading Action Messages (e.g., halts, resumes); (6)
                                                                                                       statements.                                           Execution Messages; (7) Order Messages (order
                                               Assistant Secretary.                                                                                          messages, risk protection triggers or purge
                                               [FR Doc. 2018–03454 Filed 2–20–18; 8:45 am]             A. Self-Regulatory Organization’s                     notifications).
                                                                                                                                                                7 CTI is a real-time clearing trade update message
                                               BILLING CODE 8011–01–P                                  Statement of the Purpose of, and                      that is sent to a member after an execution has
                                                                                                       Statutory Basis for, the Proposed Rule                occurred and contains trade details. The message
                                                                                                       Change                                                containing the trade details is also simultaneously
                                               SECURITIES AND EXCHANGE                                                                                       sent to The Options Clearing Corporation (‘‘OCC’’).
                                               COMMISSION                                              1. Purpose                                            The information includes, among other things, the
                                                                                                                                                             following: (i) The Clearing Member Trade
                                                                                                         The purpose of the proposed rule                    Agreement or ‘‘CMTA’’ or ‘‘OCC’’ number; (ii)
                                               [Release No. 34–82713; File No. SR–GEMX–                                                                      Exchange badge or house number; (iii) the Exchange
                                                                                                       change is to include language within the              internal firm identifier; and (iv) an indicator which
                                               2018–06]                                                Schedule of Fees at Section IV, E,                    will distinguish electronic and non-electronically
                                                                                                       entitled ‘‘Port Fees’’ to clarify that the            delivered orders; (v) liquidity indicators and
                                               Self-Regulatory Organizations; Nasdaq                   port fees in this section are not subject             transaction type for billing purposes; (vi) capacity.
                                                                                                                                                                8 FIX is an interface that allows market
                                               GEMX, LLC; Notice of Filing and                         to proration. Today, the Exchange does                participants to connect and send orders and auction
                                               Immediate Effectiveness of Proposed                     not prorate the pricing for these ports.              orders into the Exchange. Data includes the
                                               Rule Change To Amend Port Fees                                                                                following: (1) Options Symbol Directory Messages;
                                                                                                       Background                                            (2) System Event Messages (e.g., start of messages,
                                               February 14, 2018.                                                                                            start of system hours, start of quoting, start of
                                                  Pursuant to Section 19(b)(1) of the                     The Exchange previously filed 3 to: (1)            opening); (3) Option Trading Action Messages (e.g.,
                                                                                                       Establish ports and gateways that                     halts, resumes); (4) Execution Messages; (5) Order
                                               Securities Exchange Act of 1934                                                                               Messages (order messages, risk protection triggers or
                                               (‘‘Act’’),1 and Rule 19b–4 thereunder,2                 members use to connect to the Exchange                purge notifications).
                                               notice is hereby given that on February                 with the migration of the Exchange’s                     9 FIX Drop is a real-time order and execution

                                                                                                       trading system to the Nasdaq INET                     update message that is sent to a member after an
                                               9, 2018, Nasdaq GEMX, LLC (‘‘GEMX’’                                                                           order been received/modified or an execution has
                                               or ‘‘Exchange’’) filed with the Securities              architecture, and (2) amend the                       occurred and contains trade details. The
                                               and Exchange Commission                                 Schedule of Fees to adopt fees for those              information includes, among other things, the
                                               (‘‘Commission’’) the proposed rule                      ports and gateways. The Exchange                      following: (1) Executions; (2) cancellations; (3)
                                                                                                       established fees for the following                    modifications to an existing order (4) busts or post-
                                               change as described in Items I and II                                                                         trade corrections.
                                               below, which Items have been prepared                   connectivity options that are available                  10 Disaster Recovery ports provide connectivity to

                                               by the Exchange. The Commission is                      in connection with the Exchange’s                     the exchange’s disaster recovery data center in
                                                                                                       trading system: Specialized Quote Feed                Chicago to be utilized in the event the exchange has
                                               publishing this notice to solicit                                                                             to fail over during the trading day. DR Ports are
daltland on DSKBBV9HB2PROD with NOTICES




                                               comments on the proposed rule change                                                                          available for SQF, SQF Purge, Dedicated SQF, CTI,
                                               from interested persons.                                                                                      OTTO, FIX and FIX Drop.
                                                                                                                                                                11 Market Data ports provide connectivity to the

                                                                                                                                                             Exchange’s proprietary market data feeds, including
                                                                                                                                                             the Nasdaq GEMX Real-time Depth of Market Raw
                                                 13 17
                                                                                                                                                             Data Feed (‘‘Depth of Market Feed’’), the Nasdaq
                                                       CFR 200.30–3(a)(12).                              3 See Securities and Exchange Act Release No.
                                                                                                                                                             GEMX Order Feed (‘‘Order Feed’’), the Nasdaq
                                                 1 15 U.S.C. 78s(b)(1).                                80649 (May 10, 2017), 82 FR 22595 (May 16, 2017)      GEMX Top Quote Feed (‘‘Top Quote Feed’’), the
                                                 2 17 CFR 240.19b–4.                                   (SR–GEMX–2017–07).                                                                                Continued




                                          VerDate Sep<11>2014   19:57 Feb 20, 2018   Jkt 244001   PO 00000   Frm 00070   Fmt 4703   Sfmt 4703   E:\FR\FM\21FEN1.SGM   21FEN1


                                               7520                       Federal Register / Vol. 83, No. 35 / Wednesday, February 21, 2018 / Notices

                                               add a clarifying sentence to make clear                  burden on competition; and (iii) become                   IV. Solicitation of Comments
                                               that port fees are assessed in full month                operative for 30 days from the date on
                                               increments and are not prorated, to                      which it was filed, or such shorter time                    Interested persons are invited to
                                               avoid any confusion.                                     as the Commission may designate, it has                   submit written data, views, and
                                                                                                        become effective pursuant to Section                      arguments concerning the foregoing,
                                               2. Statutory Basis                                                                                                 including whether the proposed rule
                                                                                                        19(b)(3)(A)(iii) of the Act 14 and
                                                  The Exchange believes that its                        subparagraph (f)(6) of Rule 19b–4                         change is consistent with the Act.
                                               proposal is consistent with Section 6(b)                 thereunder.15                                             Comments may be submitted by any of
                                               of the Act,12 in general, and furthers the                                                                         the following methods:
                                               objectives of Section 6(b)(5) of the Act,13                 A proposed rule change filed under
                                               in particular, in that it is designed to                 Rule 19b–4(f)(6) 16 normally does not                     Electronic Comments
                                               promote just and equitable principles of                 become operative prior to 30 days after
                                                                                                        the date of the filing. However, Rule                       • Use the Commission’s internet
                                               trade, to remove impediments to and
                                               perfect the mechanism of a free and                      19b–4(f)(6)(iii) 17 permits the                           comment form (http://www.sec.gov/
                                               open market and a national market                        Commission to designate a shorter time                    rules/sro.shtml); or
                                               system, and, in general to protect                       if such action is consistent with the                       • Send an email to rule-comments@
                                               investors and the public interest, by                    protection of investors and the public                    sec.gov. Please include File Number SR–
                                               clearly specifying in Section IV, E that                 interest. The Exchange has asked the                      GEMX–2018–06 on the subject line.
                                               the Exchange’s pricing regarding ports is                Commission to waive the 30-day
                                               not prorated. The Exchange believes                                                                                Paper Comments
                                                                                                        operative delay so that the Exchange
                                               that its decision to not prorate these                   may clarify that the INET Port Fees in                      • Send paper comments in triplicate
                                               ports is consistent with the Act because                 Chapter V, D will not be prorated to                      to Secretary, Securities and Exchange
                                               prorating billing results in complexity                  avoid any misunderstanding. The                           Commission, 100 F Street NE,
                                               and increased costs associated with the                  Exchange notes that adding language to
                                               billing process. The Exchange notes that                                                                           Washington, DC 20549–1090.
                                                                                                        clarify that the Exchange will not
                                               this proposal does not amend the                         prorate the INET Port Fees in Section V,                  All submissions should refer to File
                                               Exchange’s current billing practice.                                                                               Number SR–GEMX–2018–06. This file
                                                                                                        D does not significantly affect the
                                               B. Self-Regulatory Organization’s                        protection of investors or the public                     number should be included on the
                                               Statement on Burden on Competition                       interest because there is no substantive                  subject line if email is used. To help the
                                                                                                        change to the manner in which the                         Commission process and review your
                                                 The Exchange does not believe that
                                                                                                        Exchange bills these services. The                        comments more efficiently, please use
                                               the proposed rule change will impose
                                               any burden on competition not                            Commission believes that waiver of the                    only one method. The Commission will
                                               necessary or appropriate in furtherance                  30-day operative delay is consistent                      post all comments on the Commission’s
                                               of the purposes of the Act. The                          with the protection of investors and the                  internet website (http://www.sec.gov/
                                               Exchange will uniformly assess the fees                  public interest. Accordingly, the                         rules/sro.shtml). Copies of the
                                               in Section IV, E to all GEMX Members                     Commission hereby waives the                              submission, all subsequent
                                               in a uniform manner.                                     operative delay and designates the                        amendments, all written statements
                                                                                                        proposed rule change as operative upon                    with respect to the proposed rule
                                               C. Self-Regulatory Organization’s                                                                                  change that are filed with the
                                               Statement on Comments on the                             filing.18
                                                                                                           At any time within 60 days of the                      Commission, and all written
                                               Proposed Rule Change Received From
                                                                                                        filing of the proposed rule change, the                   communications relating to the
                                               Members, Participants, or Others
                                                                                                        Commission summarily may                                  proposed rule change between the
                                                 No written comments were either                                                                                  Commission and any person, other than
                                               solicited or received.                                   temporarily suspend such rule change if
                                                                                                        it appears to the Commission that such                    those that may be withheld from the
                                               III. Date of Effectiveness of the                        action is: (i) Necessary or appropriate in                public in accordance with the
                                               Proposed Rule Change and Timing for                      the public interest; (ii) for the protection              provisions of 5 U.S.C. 552, will be
                                               Commission Action                                        of investors; or (iii) otherwise in                       available for website viewing and
                                                  Because the foregoing proposed rule                   furtherance of the purposes of the Act.                   printing in the Commission’s Public
                                               change does not: (i) Significantly affect                If the Commission takes such action, the                  Reference Room, 100 F Street NE,
                                               the protection of investors or the public                Commission shall institute proceedings                    Washington, DC 20549, on official
                                               interest; (ii) impose any significant                    to determine whether the proposed rule                    business days between the hours of
                                                                                                        should be approved or disapproved.                        10:00 a.m. and 3:00 p.m. Copies of the
                                               Nasdaq GEMX Trades Feed (‘‘Trades Feed’’), and                                                                     filing also will be available for
                                               the Nasdaq GEMX Spread Feed (‘‘Spread Feed’’).             14 15                                                   inspection and copying at the principal
                                               Each of the feeds described above, with the                       U.S.C. 78s(b)(3)(A)(iii).
                                               exception of the Trades Feed, have previously been
                                                                                                          15 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–      office of the Exchange. All comments
                                               established as market data offerings of the              4(f)(6)(iii) requires the Exchange to give the            received will be posted without change.
                                               Exchange, and market participants are charged for        Commission written notice of the Exchange’s intent
                                                                                                        to file the proposed rule change, along with a brief
                                                                                                                                                                  Persons submitting comments are
                                               subscriptions to these products. The Trades Feed is
                                               a free market data product provided to subscribers       description and text of the proposed rule change,         cautioned that we do not redact or edit
                                               of at least one of the fee liable market data products   at least five business days prior to the date of filing   personal identifying information from
                                               described above. In connection with the adoption         of the proposed rule change, or such shorter time
                                                                                                        as designated by the Commission. The Exchange
                                                                                                                                                                  comment submissions. You should
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                                               of Market Data ports described above, the Exchange
                                               further proposes to establish the Trades Feed.           has satisfied this requirement.                           submit only information that you wish
                                               Market Data ports are available via multicast, TCP,         16 17 CFR 240.19b–4(f)(6).                             to make available publicly. All
                                               or as an intra-day snapshot, except that the intra-         17 17 CFR 240.19b–4(f)(6)(iii).
                                                                                                                                                                  submissions should refer to File
                                               day snapshot option is available solely for the             18 For purposes only of waiving the 30-day
                                               Depth of Market Feed, Top Quote Feed, and Spread
                                                                                                                                                                  Number SR–GEMX–2018–06 and
                                                                                                        operative delay, the Commission has also
                                               Feed.                                                    considered the proposed rule’s impact on                  should be submitted on or before March
                                                  12 15 U.S.C. 78f(b).
                                                                                                        efficiency, competition, and capital formation. See       14, 2018.
                                                  13 15 U.S.C. 78f(b)(5).                               15 U.S.C. 78c(f).



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                                                                         Federal Register / Vol. 83, No. 35 / Wednesday, February 21, 2018 / Notices                                                         7521

                                                 For the Commission, by the Division of                the most significant aspects of such                     Information eXchange (‘‘FIX’’),8 FIX
                                               Trading and Markets, pursuant to delegated              statements.                                              Drop,9 and Disaster Recovery.10 The
                                               authority.19                                                                                                     Exchange proposes to add a clarifying
                                               Eduardo A. Aleman,                                      A. Self-Regulatory Organization’s
                                                                                                       Statement of the Purpose of, and                         sentence to make clear that port fees are
                                               Assistant Secretary.                                                                                             assessed in full month increments and
                                                                                                       Statutory Basis for, the Proposed Rule
                                               [FR Doc. 2018–03451 Filed 2–20–18; 8:45 am]
                                                                                                       Change                                                   are not prorated, to avoid any confusion.
                                               BILLING CODE 8011–01–P
                                                                                                       1. Purpose                                               2. Statutory Basis
                                                                                                          The purpose of the proposed rule                         The Exchange believes that its
                                               SECURITIES AND EXCHANGE                                 change is to include language within the                 proposal is consistent with Section 6(b)
                                               COMMISSION                                              Schedule of Fees at Section II, C,                       of the Act,11 in general, and furthers the
                                                                                                       entitled ‘‘INET Port Fees’’ to clarify that              objectives of Section 6(b)(5) of the Act,12
                                               [Release No. 34–82714; File No. SR–MRX–                 the port fees in this section are not                    in particular, in that it is designed to
                                               2018–05]                                                subject to proration. Today, the                         promote just and equitable principles of
                                                                                                       Exchange does not prorate the pricing                    trade, to remove impediments to and
                                               Self-Regulatory Organizations; Nasdaq
                                                                                                       for these ports.                                         perfect the mechanism of a free and
                                               MRX, LLC; Notice of Filing and
                                               Immediate Effectiveness of Proposed                     Background                                               open market and a national market
                                               Rule Change To Amend INET Port Fees                                                                              system, and, in general to protect
                                                                                                          The Exchange previously filed 3 to: (1)               investors and the public interest, by
                                               at Section II, C To Indicate Those Fees                 Establish ports and gateways that
                                               Are Not Prorated                                                                                                 clearly specifying in Section II, C that
                                                                                                       members use to connect to the Exchange                   the Exchange’s pricing regarding ports is
                                               February 14, 2018.                                      with the migration of the Exchange’s                     not prorated. The Exchange believes
                                                  Pursuant to Section 19(b)(1) of the                  trading system to the Nasdaq INET                        that its decision to not prorate these
                                               Securities Exchange Act of 1934                         architecture, and (2) amend the                          ports is consistent with the Act because
                                               (‘‘Act’’),1 and Rule 19b–4 thereunder,2                 Schedule of Fees to adopt fees for those                 prorating billing results in complexity
                                               notice is hereby given that on February                 ports and gateways. The Exchange                         and increased costs associated with the
                                               9, 2018, Nasdaq MRX, LLC (‘‘MRX’’ or                    established fees for the following                       billing process. The Exchange notes that
                                               ‘‘Exchange’’) filed with the Securities                 connectivity options that are available                  this proposal does not amend the
                                               and Exchange Commission                                 in connection with the Exchange’s                        Exchange’s current billing practice.
                                               (‘‘Commission’’) the proposed rule                      trading system: Specialized Quote Feed
                                               change as described in Items I and II                   (‘‘SQF’’),4 SQF Purge,5 Ouch to Trade                    B. Self-Regulatory Organization’s
                                               below, which Items have been prepared                   Options (‘‘OTTO’’),6 Clearing Trade                      Statement on Burden on Competition
                                               by the Exchange. The Commission is                      Interface (‘‘CTI’’),7 Financial
                                                                                                                                                                  The Exchange does not believe that
                                               publishing this notice to solicit                         3 See                                                  the proposed rule change will impose
                                                                                                                Securities and Exchange Act Release No.
                                               comments on the proposed rule change                    81312 (August 3, 2017), 82 FR 37253 (August 9,           any burden on competition not
                                               from interested persons.                                2017) (SR–MRX–2017–13).                                  necessary or appropriate in furtherance
                                                                                                         4 SQF is an interface that allows market makers
                                               I. Self-Regulatory Organization’s                                                                                of the purposes of the Act. The
                                                                                                       to connect and send quotes, sweeps and auction
                                               Statement of the Terms of Substance of                  responses into the Exchange. Data includes the           Exchange will uniformly assess the fees
                                               the Proposed Rule Change                                following: (1) Options Auction Notifications (e.g.,      in Section II, C to all MRX Members in
                                                                                                       opening imbalance, Flash, PIM, Solicitation and          a uniform manner.
                                                  The Exchange proposes to amend                       Facilitation or other information); (2) Options
                                               INET Port Fees at Section II, C to                      Symbol Directory Messages; (3) System Event
                                                                                                       Messages (e.g., start of messages, start of system       Agreement or ‘‘CMTA’’ or ‘‘OCC’’ number; (ii)
                                               indicate those fees are not prorated.                                                                            Exchange badge or house number; (iii) the Exchange
                                                                                                       hours, start of quoting, start of opening); (4) Option
                                                  The text of the proposed rule change                 Trading Action Messages (e.g., halts, resumes); (5)      internal firm identifier; and (iv) an indicator which
                                               is available on the Exchange’s website at               Execution Messages (6) Quote Messages (quote/            will distinguish electronic and non-electronically
                                               http://nasdaqmrx.cchwallstreet.com/, at                 sweep messages, risk protection triggers or purge        delivered orders; (v) liquidity indicators and
                                                                                                       notifications).                                          transaction type for billing purposes; (vi) capacity.
                                               the principal office of the Exchange, and                 5 SQF Purge is a specific port for the SQF                8 FIX is an interface that allows market
                                               at the Commission’s Public Reference                    interface that only receives and notifies of purge       participants to connect and send orders and auction
                                               Room.                                                   requests from the market maker. Dedicated SQF            orders into the Exchange. Data includes the
                                                                                                       Purge Ports enable market makers to seamlessly           following: (1) Options Symbol Directory Messages;
                                               II. Self-Regulatory Organization’s                      manage their ability to remove their quotes in a         (2) System Event Messages (e.g., start of messages,
                                               Statement of the Purpose of, and                        swift manner.                                            start of system hours, start of quoting, start of
                                               Statutory Basis for, the Proposed Rule                    6 OTTO is an interface that allows market              opening); (3) Option Trading Action Messages (e.g.,
                                                                                                       participants to connect and send orders, auction         halts, resumes); (4) Execution Messages; (5) Order
                                               Change                                                                                                           Messages (order messages, risk protection triggers or
                                                                                                       orders and auction responses into the Exchange.
                                                 In its filing with the Commission, the                Data includes the following: (1) Options Auction         purge notifications).
                                                                                                                                                                   9 FIX Drop is a real-time order and execution
                                               Exchange included statements                            Notifications (e.g., Flash, PIM, Solicitation and
                                                                                                       Facilitation or other information); (2) Options          update message that is sent to a member after an
                                               concerning the purpose of and basis for                 Symbol Directory Messages; (3) System Event              order been received/modified or an execution has
                                               the proposed rule change and discussed                  Messages (e.g., start of messages, start of system       occurred and contains trade details. The
                                               any comments it received on the                         hours, start of quoting, start of opening); (5) Option   information includes, among other things, the
                                                                                                       Trading Action Messages (e.g., halts, resumes); (6)      following: (1) Executions; (2) cancellations; (3)
                                               proposed rule change. The text of these                                                                          modifications to an existing order (4) busts or post-
                                                                                                       Execution Messages; (7) Order Messages (order
                                               statements may be examined at the                                                                                trade corrections.
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                                                                                                       messages, risk protection triggers or purge
                                               places specified in Item IV below. The                  notifications).                                             10 Disaster Recovery ports provide connectivity to

                                               Exchange has prepared summaries, set                      7 CTI is a real-time clearing trade update message     the exchange’s disaster recovery data center in
                                               forth in sections A, B, and C below, of                 that is sent to a member after an execution has          Chicago to be utilized in the event the exchange has
                                                                                                       occurred and contains trade details. The message         to fail over during the trading day. DR Ports are
                                                                                                       containing the trade details is also simultaneously      available for SQF, SQF Purge, Dedicated SQF, CTI,
                                                 19 17 CFR 200.30–3(a)(12).                                                                                     OTTO, FIX and FIX Drop.
                                                                                                       sent to The Options Clearing Corporation (‘‘OCC’’).
                                                 1 15 U.S.C. 78s(b)(1).                                                                                            11 15 U.S.C. 78f(b).
                                                                                                       The information includes, among other things, the
                                                 2 17 CFR 240.19b–4.                                   following: (i) The Clearing Member Trade                    12 15 U.S.C. 78f(b)(5).




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Document Created: 2018-02-21 01:48:23
Document Modified: 2018-02-21 01:48:23
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 7519 

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