Self-Regulatory Organizations; Nasdaq BX, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Memorialize Its Order and Execution Information Into Chapter VI, Section 19, Entitled Data Feeds, 22552-22554 [2018-10259]
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22552
Federal Register / Vol. 83, No. 94 / Tuesday, May 15, 2018 / Notices
options becoming available to all market
participants.
Furthermore, the Commission expects
the Cboe Options to report any undue
effects that may occur as a result of
these fungibility rule changes, including
taking prompt action should any
unanticipated consequences occur. The
Commission also expects, prior to the
effective date of the new rule, the
Exchange to address whether additional
position limit aggregation rules should
be adopted prior to the rule’s delayed
implementation date. We note that
currently the FLEX rules require that
certain FLEX Options positions be
aggregated with the position limits in
the standardized market.30
The Commission believes that the
remaining proposed changes will help
protect investors and the public interest
by providing clarity and transparency to
the rules. The proposed rule text
regarding Exchange holidays will clarify
the fungibility of FLEX Options with
expiration dates on Exchange holidays
and are consistent with the expiration of
the same standardized options on
Exchange holidays. Amending the intraday add provision to state that it applies
solely to American-style expirations
will codify in the rule text the
Exchange’s original intent with respect
to this provision. Further, the other nonsubstantive, clarifying changes will
make the rule easier to read and
understand.
Finally, as noted above the Exchange
cannot actually implement this rule
change immediately because OCC
bylaws currently restrict fungibility of
quarterly and short term options. The
Commission believes that the delayed
implementation date of July 31, 2018
should provide OCC with time to
consider fungibility in quarterly and
short-term options and determine
whether to amend the OCC By-laws to
accommodate the changes being
adopted by the Exchange. The Exchange
has also committed to announce the
implementation of the change at least 30
days prior to the effective date pursuant
to a Regulatory Circular, which should
provide adequate advance notice to
market participants. To the extent OCC
is not able to implement a bylaw change
at or prior to the July 31, 2018, we
would expect the Exchange to amend its
rules or extend the implementation
date.
For the reasons above, the
Commission finds that the proposed
rule change is consistent with the Act.
IV. Conclusion
It is therefore ordered, pursuant to
Section 19(b)(2) of the Act,31 that the
proposed rule change (SR–CBOE–2018–
008) be, and hereby is, approved.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.32
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018–10272 Filed 5–14–18; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–83199; File No. SR–BX–
2018–016]
Self-Regulatory Organizations; Nasdaq
BX, Inc.; Notice of Filing and
Immediate Effectiveness of a Proposed
Rule Change To Memorialize Its Order
and Execution Information Into
Chapter VI, Section 19, Entitled Data
Feeds
May 9, 2018.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (the
‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on April 27,
2018, Nasdaq BX, Inc. (‘‘BX’’ or
‘‘Exchange’’) filed with the Securities
and Exchange Commission
(‘‘Commission’’) the proposed rule
change as described in Items I and II
below, which Items have been prepared
by the Exchange. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to a proposal
to memorialize its order and execution
information into Chapter VI, Section 19,
entitled ‘‘Data Feeds.’’
The text of the proposed rule change
is available on the Exchange’s website at
https://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 the
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
Exchange included statements
concerning the purpose of and basis for
31 15
U.S.C. 78s(b)(2).
CFR 200.30–3(a)(12).
1 15 U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
32 17
30 See Cboe Options Rule 24A.7, concerning
FLEX position limits and reporting requirements.
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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 the
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange proposes to
memorialize its order and execution
information into Chapter VI, Section 19,
entitled ‘‘Data Feeds.’’ The Exchange
proposes to rename this rule ‘‘Data
Feeds and Trade Information.’’ The
Exchange proposes other grammatical
corrections in Section 19(a) as well.
Section 19(b)
First, the Exchange proposes to adopt
a new Section 19(b) and memorialize
the following order and execution
information which were previously filed
by the Exchange: (1) CTI; 3 (2)
TradeInfo 4; and (3) FIX DROP.5
The Exchange originally noted in the
CTI and FIX DROP Filing that CTI offers
real-time clearing trade updates.6 The
message containing the trade details is
also simultaneously sent to The Options
Clearing Corporation. The trade
messages are routed to a member’s
connection containing certain
information. The administrative and
market event messages include, but are
not limited to: System event messages to
communicate operational-related
events; options directory messages to
relay basic option symbol and contract
information for options traded on the
Exchange; complex strategy messages to
relay information for those strategies
traded on the Exchange; trading action
messages to inform market participants
when a specific option or strategy is
halted or released for trading on the
Exchange; and an indicator which
distinguishes electronic and nonelectronically delivered orders.
3 See Securities Exchange Act Release No. 73894
(December 19, 2014), 79 FR 78119 (December 29,
1014) (SR–BX–2014–060) (‘‘CTI and FIX DROP
Filing’’).
4 See Securities Exchange Act Release No. 60826
(October 14, 2009), 74 FR 54605 (October 22, 2009)
(SR–BX–2009–062) (‘‘TradeInfo Filing’’).
5 See note 3 above.
6 A real-time clearing trade update is a message
that is sent to a member after an execution has
occurred and contains trade details. See Securities
Exchange Act Release No. 73894 (December 19,
2014), 79 FR 78119 (December 29, 1014) (SR–BX–
2014–060).
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The Exchange is proposing to more
specifically describe the CTI offering
and memorialize it within Section
19(b)(1). The description provides more
detail as to the current functionality of
CTI, which is not changing. The
description would continue to state that
CTI is a real-time clearing trade update
message that is sent to a Participant after
an execution has occurred and contains
trade details specific to that Participant.
The information includes, among other
things, the following: (i) The Clearing
Member Trade Agreement or ‘‘CMTA’’
or The Options Clearing Corporation or
‘‘OCC’’ number; (ii) Exchange badge or
house number; (iii) the Exchange
internal firm identifier; (iv) an indicator
which will distinguish electronic and
non-electronically delivered orders; (v)
liquidity indicators and transaction type
for billing purposes; and (vi) capacity.
The Exchange proposes to not add the
sentence which states, ‘‘The message
containing the trade details is also
simultaneously sent to The Options
Clearing Corporation.’’ The Exchange’s
System sends clearing information to
OCC for each transaction. This sentence
does not add information that is useful
or relevant and therefore the Exchange
proposes to remove it. The Exchange
notes that while the description is being
amended, it retains more broadly the
former descriptions. The information
provided is specific to a market
participant. The Exchange is expressing
more specifically the type of data
contained in CTI. The CTI offering is not
changing. The Exchange is providing
more details regarding the CTI offering
than was originally filed in the CTI and
FIX DROP Filing.
The Exchange originally noted in the
TradeInfo Filing that TradeInfo allows
subscribing members to scan for their
orders submitted to BX. Members can
scan for all orders in a particular
security or all orders of a particular
type, regardless of their status (open,
canceled, executed, etc.). Members are
also able to cancel open orders at the
order, port or MPID level (an MPID is a
firm mnemonic). For example, after
scanning for open orders, the member is
then able to select an open order and
cancel the order. TradeInfo BX also
allows members to scan other order
statuses, such as executed, cancelled,
broken, rejected and suspended orders.
TradeInfo BX enables members to
generate reports of execution, order or
cancel information, which can be
exported into a spreadsheet for review.
The Exchange proposes to amend and
memorialize TradeInfo within Section
19(b)(2). The Exchange proposes to note
that TradeInfo is a user interface, as
compared to a data stream, to add more
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detail to the description. While some
descriptive language is being removed
from the rules, such as permitting a
subscribing member to scan other order
statuses, such as executed, cancelled,
broken, rejected and suspended orders,
the Exchange believes that this language
is covered in the current description in
that the text indicates that all orders
may be searched regardless of their
status. Similarly, the description which
provides that a subscribing member may
generate reports of execution, order or
cancel information, which can be
exported into a spreadsheet for review
is covered in that the Exchange notes
that a view of the orders and execution
may be downloaded.
The Exchange originally noted in its
FIX DROP filing that the Order Entry
DROP provides real time information
regarding orders sent to BX and
executions that occurred on BX. The
DROP interface is not a trading interface
and does not accept order messages. The
‘‘Order Entry DROP’’ interface is being
renamed ‘‘FIX DROP’’ for clarity as it
relates to FIX ports.
The Exchange is now expanding on
the original description by providing
more detail by stating that it is a realtime order and execution update
message that is sent to a Participant after
an order has been received/modified or
an execution has occurred and contains
trade details specific to that Participant.
The information includes, among other
things, the following: (1) Executions; (2)
cancellations; (3) modifications to an
existing order (4) busts or post-trade
corrections. The Exchange believes that
the additional specificity will provide
more information to Participants.
The Exchange considers it appropriate
to memorialize the order and execution
information available on BX within a
rule so that Participants may understand
the trade information which is available
on the Exchange as it pertains to a firm’s
trading information. This data is
available to all Participants regarding
that Participant’s transactions. Pricing
for these products is included in the
Exchange’s fee schedule at Chapter XV,
Section 3.7
Section 19(a)
The Exchange proposes minor
changes to Section 19(a)(1) and (2) to
change the language to indicate the BX
Depth of Market and BX Top of Market
each separately are data feeds and
removing the ‘‘A’’ before the
description.
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
Section 6(b) of the Securities Exchange
Act of 1934 (the ‘‘Act’’),8 in general, and
furthers the objectives of Section 6(b)(5)
of the Act,9 in particular, in that it is
designed to promote just and equitable
principles of trade, to remove
impediments to and perfect the
mechanism for a free and open market
and a national market system, and, in
general, to protect investors and the
public interest, by providing greater
transparency as to the order and
execution information offered on BX.
The Exchange notes that it described
this information in prior rule changes.10
The Exchange believes that
memorializing this information within a
rule and updating the information will
provide market participants with a list
of information available specific to their
trading on BX. The Exchange believes
that this proposal is consistent with the
Act because it provides information on
the content available to market
participants regarding the trades they
execute on BX.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
In accordance with Section 6(b)(8) of
the Act,11 the Exchange does not believe
that the proposed rule change will
impose any burden on intermarket or
intra-market competition that is not
necessary or appropriate in furtherance
of the purposes of the Act. The
Exchange’s proposal does not impose an
undue burden on competition, rather
the Exchange is seeking to provide
greater transparency within its rules
with respect to the various order and
execution information offered on BX.
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 proposed rule change
does not: (i) Significantly affect the
protection of investors or the public
interest; (ii) impose any significant
burden on competition; and (iii) become
operative for 30 days from the date on
which it was filed, or such shorter time
as the Commission may designate, if
8 15
7 See
also SR–BX–2018–017 (not yet published)
which proposes conforming changes to the fee
schedule.
PO 00000
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22553
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
10 See notes 3 and 4 above.
11 15 U.S.C. 78f(b)(8).
9 15
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Federal Register / Vol. 83, No. 94 / Tuesday, May 15, 2018 / Notices
consistent with the protection of
investors and the public interest, the
proposed rule change has become
effective pursuant to Section 19(b)(3)(A)
of the Act 12 and Rule 19b–4(f)(6)
thereunder.13
A proposed rule change filed under
Rule 19b–4(f)(6) 9 normally does not
become operative for 30 days after the
date of filing. However, pursuant to
Rule 19b–4(f)(6)(iii),10 the Commission
may designate a shorter time if such
action is consistent with the protection
of investors and the public interest. The
Exchange has asked the Commission to
waive the 30-day operative delay so that
the proposal may become operative
immediately upon filing. The Exchange
states that such waiver will allow it to
update its rules immediately to provide
more information regarding the order
and execution information it offers and
further the protection of investors and
the public interest because it will
provide greater transparency as to the
trade detail available to members. For
this reason, the Commission believes
that waiving the 30-day operative delay
is consistent with the protection of
investors and the public interest and,
therefore, the Commission designates
the proposed rule change to be operative
upon filing.14
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.
12 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6). In addition, Rule 19b–
4(f)(6)(iii) requires the Exchange to give the
Commission written notice 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.
9 17 CFR 240.19b–4(f)(6).
10 17 CFR 240.19b–4(f)(6)(iii).
14 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).
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13 17
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Comments may be submitted by any of
the following methods:
Electronic Comments
• Use the Commission’s internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
BX–2018–016 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–2018–016. 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 (https://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–2018–016 and should
be submitted on or before June 5, 2018.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.15
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018–10259 Filed 5–14–18; 8:45 am]
BILLING CODE 8011–01–P
15 17
PO 00000
CFR 200.30–3(a)(12).
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SECURITIES AND EXCHANGE
COMMISSION
[SEC File No. 270–221, OMB Control No.
3235–0232]
Proposed Collection; Comment
Request
Upon Written Request, Copies Available
From: Securities and Exchange
Commission, Office of FOIA Services,
100 F Street NE, Washington, DC
20549–2736
Extension:
Form 1–E, Regulation E
Notice is hereby given that, pursuant
to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.), the Securities
and Exchange Commission (the
‘‘Commission’’) is soliciting comments
on the collection of information
summarized below. The Commission
plans to submit this existing collection
of information of the Office of
Management and Budget for extension
and approval.
Form 1–E (17 CFR 239.200) under the
Securities Act of 1933 (15 U.S.C. 77a et
seq.) (‘‘Securities Act’’) is the form that
a small business investment company
(‘‘SBIC’’) or business development
company (‘‘BDC’’) uses to notify the
Commission that it is claiming an
exemption under Regulation E from
registering its securities under the
Securities Act. Rule 605 of Regulation E
(17 CFR 230.605) under the Securities
Act requires an SBIC or BDC claiming
such an exemption to file an offering
circular with the Commission that must
also be provided to persons to whom an
offer is made. Form 1–E requires an
issuer to provide the names and
addresses of the issuer, its affiliates,
directors, officers, and counsel; a
description of events which would
make the exemption unavailable; the
jurisdictions in which the issuer intends
to offer the securities; information about
unregistered securities issued or sold by
the issuer within one year before filing
the notification on Form 1–E;
information as to whether the issuer is
presently offering or contemplating
offering any other securities; and
exhibits, including copies of the rule
605 offering circular and any
underwriting contracts.
The Commission uses the information
provided in the notification on Form 1–
E and the offering circular to determine
whether an offering qualifies for the
exemption under Regulation E. The
Commission estimates that, each year,
one issuer files one notification on Form
1–E, together with offering circulars,
E:\FR\FM\15MYN1.SGM
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Agencies
[Federal Register Volume 83, Number 94 (Tuesday, May 15, 2018)]
[Notices]
[Pages 22552-22554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10259]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-83199; File No. SR-BX-2018-016]
Self-Regulatory Organizations; Nasdaq BX, Inc.; Notice of Filing
and Immediate Effectiveness of a Proposed Rule Change To Memorialize
Its Order and Execution Information Into Chapter VI, Section 19,
Entitled Data Feeds
May 9, 2018.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on April 27, 2018, Nasdaq BX, Inc. (``BX'' or ``Exchange'') filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I and II below, which Items
have been prepared by the Exchange. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to a proposal to memorialize its order and
execution information into Chapter VI, Section 19, entitled ``Data
Feeds.''
The text of the proposed rule change is available on the Exchange's
website at https://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 the
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 the
Statutory Basis for, the Proposed Rule Change
1. Purpose
The Exchange proposes to memorialize its order and execution
information into Chapter VI, Section 19, entitled ``Data Feeds.'' The
Exchange proposes to rename this rule ``Data Feeds and Trade
Information.'' The Exchange proposes other grammatical corrections in
Section 19(a) as well.
Section 19(b)
First, the Exchange proposes to adopt a new Section 19(b) and
memorialize the following order and execution information which were
previously filed by the Exchange: (1) CTI; \3\ (2) TradeInfo \4\; and
(3) FIX DROP.\5\
---------------------------------------------------------------------------
\3\ See Securities Exchange Act Release No. 73894 (December 19,
2014), 79 FR 78119 (December 29, 1014) (SR-BX-2014-060) (``CTI and
FIX DROP Filing'').
\4\ See Securities Exchange Act Release No. 60826 (October 14,
2009), 74 FR 54605 (October 22, 2009) (SR-BX-2009-062) (``TradeInfo
Filing'').
\5\ See note 3 above.
---------------------------------------------------------------------------
The Exchange originally noted in the CTI and FIX DROP Filing that
CTI offers real-time clearing trade updates.\6\ The message containing
the trade details is also simultaneously sent to The Options Clearing
Corporation. The trade messages are routed to a member's connection
containing certain information. The administrative and market event
messages include, but are not limited to: System event messages to
communicate operational-related events; options directory messages to
relay basic option symbol and contract information for options traded
on the Exchange; complex strategy messages to relay information for
those strategies traded on the Exchange; trading action messages to
inform market participants when a specific option or strategy is halted
or released for trading on the Exchange; and an indicator which
distinguishes electronic and non-electronically delivered orders.
---------------------------------------------------------------------------
\6\ A real-time clearing trade update is a message that is sent
to a member after an execution has occurred and contains trade
details. See Securities Exchange Act Release No. 73894 (December 19,
2014), 79 FR 78119 (December 29, 1014) (SR-BX-2014-060).
---------------------------------------------------------------------------
[[Page 22553]]
The Exchange is proposing to more specifically describe the CTI
offering and memorialize it within Section 19(b)(1). The description
provides more detail as to the current functionality of CTI, which is
not changing. The description would continue to state that CTI is a
real-time clearing trade update message that is sent to a Participant
after an execution has occurred and contains trade details specific to
that Participant. The information includes, among other things, the
following: (i) The Clearing Member Trade Agreement or ``CMTA'' or The
Options Clearing Corporation or ``OCC'' number; (ii) Exchange badge or
house number; (iii) the Exchange internal firm identifier; (iv) an
indicator which will distinguish electronic and non-electronically
delivered orders; (v) liquidity indicators and transaction type for
billing purposes; and (vi) capacity. The Exchange proposes to not add
the sentence which states, ``The message containing the trade details
is also simultaneously sent to The Options Clearing Corporation.'' The
Exchange's System sends clearing information to OCC for each
transaction. This sentence does not add information that is useful or
relevant and therefore the Exchange proposes to remove it. The Exchange
notes that while the description is being amended, it retains more
broadly the former descriptions. The information provided is specific
to a market participant. The Exchange is expressing more specifically
the type of data contained in CTI. The CTI offering is not changing.
The Exchange is providing more details regarding the CTI offering than
was originally filed in the CTI and FIX DROP Filing.
The Exchange originally noted in the TradeInfo Filing that
TradeInfo allows subscribing members to scan for their orders submitted
to BX. Members can scan for all orders in a particular security or all
orders of a particular type, regardless of their status (open,
canceled, executed, etc.). Members are also able to cancel open orders
at the order, port or MPID level (an MPID is a firm mnemonic). For
example, after scanning for open orders, the member is then able to
select an open order and cancel the order. TradeInfo BX also allows
members to scan other order statuses, such as executed, cancelled,
broken, rejected and suspended orders. TradeInfo BX enables members to
generate reports of execution, order or cancel information, which can
be exported into a spreadsheet for review.
The Exchange proposes to amend and memorialize TradeInfo within
Section 19(b)(2). The Exchange proposes to note that TradeInfo is a
user interface, as compared to a data stream, to add more detail to the
description. While some descriptive language is being removed from the
rules, such as permitting a subscribing member to scan other order
statuses, such as executed, cancelled, broken, rejected and suspended
orders, the Exchange believes that this language is covered in the
current description in that the text indicates that all orders may be
searched regardless of their status. Similarly, the description which
provides that a subscribing member may generate reports of execution,
order or cancel information, which can be exported into a spreadsheet
for review is covered in that the Exchange notes that a view of the
orders and execution may be downloaded.
The Exchange originally noted in its FIX DROP filing that the Order
Entry DROP provides real time information regarding orders sent to BX
and executions that occurred on BX. The DROP interface is not a trading
interface and does not accept order messages. The ``Order Entry DROP''
interface is being renamed ``FIX DROP'' for clarity as it relates to
FIX ports.
The Exchange is now expanding on the original description by
providing more detail by stating that it is a real-time order and
execution update message that is sent to a Participant after an order
has been received/modified or an execution has occurred and contains
trade details specific to that Participant. The information includes,
among other things, the following: (1) Executions; (2) cancellations;
(3) modifications to an existing order (4) busts or post-trade
corrections. The Exchange believes that the additional specificity will
provide more information to Participants.
The Exchange considers it appropriate to memorialize the order and
execution information available on BX within a rule so that
Participants may understand the trade information which is available on
the Exchange as it pertains to a firm's trading information. This data
is available to all Participants regarding that Participant's
transactions. Pricing for these products is included in the Exchange's
fee schedule at Chapter XV, Section 3.\7\
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\7\ See also SR-BX-2018-017 (not yet published) which proposes
conforming changes to the fee schedule.
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Section 19(a)
The Exchange proposes minor changes to Section 19(a)(1) and (2) to
change the language to indicate the BX Depth of Market and BX Top of
Market each separately are data feeds and removing the ``A'' before the
description.
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Securities Exchange Act of 1934 (the
``Act''),\8\ in general, and furthers the objectives of Section 6(b)(5)
of the Act,\9\ in particular, in that it is designed to promote just
and equitable principles of trade, to remove impediments to and perfect
the mechanism for a free and open market and a national market system,
and, in general, to protect investors and the public interest, by
providing greater transparency as to the order and execution
information offered on BX. The Exchange notes that it described this
information in prior rule changes.\10\ The Exchange believes that
memorializing this information within a rule and updating the
information will provide market participants with a list of information
available specific to their trading on BX. The Exchange believes that
this proposal is consistent with the Act because it provides
information on the content available to market participants regarding
the trades they execute on BX.
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\8\ 15 U.S.C. 78f(b).
\9\ 15 U.S.C. 78f(b)(5).
\10\ See notes 3 and 4 above.
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B. Self-Regulatory Organization's Statement on Burden on Competition
In accordance with Section 6(b)(8) of the Act,\11\ the Exchange
does not believe that the proposed rule change will impose any burden
on intermarket or intra-market competition that is not necessary or
appropriate in furtherance of the purposes of the Act. The Exchange's
proposal does not impose an undue burden on competition, rather the
Exchange is seeking to provide greater transparency within its rules
with respect to the various order and execution information offered on
BX.
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\11\ 15 U.S.C. 78f(b)(8).
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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 proposed rule change does not: (i) Significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate, if
[[Page 22554]]
consistent with the protection of investors and the public interest,
the proposed rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \12\ and Rule 19b-4(f)(6) thereunder.\13\
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\12\ 15 U.S.C. 78s(b)(3)(A).
\13\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice 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) \9\ normally
does not become operative for 30 days after the date of filing.
However, pursuant to Rule 19b-4(f)(6)(iii),\10\ the Commission may
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing. The Exchange states that
such waiver will allow it to update its rules immediately to provide
more information regarding the order and execution information it
offers and further the protection of investors and the public interest
because it will provide greater transparency as to the trade detail
available to members. For this reason, the Commission believes that
waiving the 30-day operative delay is consistent with the protection of
investors and the public interest and, therefore, the Commission
designates the proposed rule change to be operative upon filing.\14\
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\9\ 17 CFR 240.19b-4(f)(6).
\10\ 17 CFR 240.19b-4(f)(6)(iii).
\14\ 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).
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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 (https://www.sec.gov/rules/sro.shtml); or
Send an email to [email protected]. Please include
File Number SR-BX-2018-016 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-2018-016. 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 (https://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-2018-016 and should be submitted on
or before June 5, 2018.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
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\15\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-10259 Filed 5-14-18; 8:45 am]
BILLING CODE 8011-01-P