Self-Regulatory Organizations; Nasdaq MRX, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Memorialize Order and Execution Information Into MRX Rule 718, 26717-26719 [2018-12318]
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Federal Register / Vol. 83, No. 111 / Friday, June 8, 2018 / Notices
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–MRX–2018–17 and should
be submitted on or before June 29, 2018.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.14
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018–12320 Filed 6–7–18; 8:45 am]
BILLING CODE 8011–01–P
[Release No. 34–83366; File No. SR–MRX–
2018–16]
Self-Regulatory Organizations; Nasdaq
MRX, LLC; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change To Memorialize Order and
Execution Information Into MRX Rule
718
June 4, 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 May 23,
2018, Nasdaq MRX, LLC (‘‘MRX’’ 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.
amozie on DSK3GDR082PROD with NOTICES1
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to
memorialize its order and execution
information into MRX Rule 718, entitled
‘‘Data Feeds.’’
The text of the proposed rule change
is available on the Exchange’s website at
https://nasdaqmrx.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
14 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
16:53 Jun 07, 2018
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
SECURITIES AND EXCHANGE
COMMISSION
VerDate Sep<11>2014
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.
Jkt 241001
The Exchange proposes to add order
and execution information into MRX
Rule 718, entitled ‘‘Data Feeds.’’ The
Exchange proposes to rename this rule
‘‘Data Feeds and Trade Information.’’
The Exchange also proposes to amend
Rule 100 to add definitions.
MRX Rule 718(a)
The Exchange proposes to amend the
Nasdaq MRX Top Quote Feed. The
Exchange stated in that description that
this feed calculates and disseminates
MRX’s best bid and offer position, with
aggregated size (including total size in
aggregate, for Public Customer 3 size in
the aggregate and Priority Customer 4
size in the aggregate), based on
displayable order and quote interest in
the System. The Exchange proposes to
amend this rule text to instead provide,
‘‘this feed calculates and disseminates
MRX’s best bid and offer position, with
aggregated size (including total size in
aggregate, for Professional Order 5 size
in the aggregate and Priority Customer
Order size in the aggregate), based on
displayable order and quote interest in
the System.’’ The Exchange intended to
specify that Professional Orders and
Priority Customer Orders are segregated
and aggregated. The Public Customer
definition is too broad because it
includes a portion of Priority Customer,
which was already specified within the
description. The Exchange proposes to
remove Public Customer and replace it
with Professional Order to be more
specific and amend Priority Customer to
Priority Customer Order to reference the
3 The term ‘‘Public Customer’’ means a person or
entity that is not a broker or dealer in securities. See
Rule 100(a)(44).
4 The term ‘‘Priority Customer’’ means a person
or entity that (i) is not a broker or dealer in
securities, and (ii) does not place more than 390
orders in listed options per day on average during
a calendar month for its own beneficial account(s).
See 100(a)(41A). The term ‘‘Priority Customer
Order’’ means an order for the account of a Priority
Customer. See Rule 100(a)(43A).
5 The term ‘‘Professional Order’’ means an order
that is for the account of a person or entity that is
not a Priority Customer. See Rule 100(a)(43C).
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Sfmt 4703
26717
types of orders that are aggregated to
conform the rule text.
MRX Rule 718(b)
The Exchange proposes to adopt a
new MRX Rule 718(b) and memorialize
the following order and execution
information which was discussed in
other rule filings by the Exchange: (i)
Clearing Trade Information or ‘‘CTI’’;
and (ii) FIX DROP.6 The Exchange is
also adding a description for TradeInfo.
The TradeInfo user interface is being
offered today on MRX at no cost.
The Exchange notes that while CTI
and FIX Drop information are accessible
through a port, TradeInfo is an interface.
The Exchange notes this distinction to
make clear the manner of delivery for
each of these information types.
CTI
The Exchange stated in its Prior Filing
that ‘‘CTI is a real-time clearing trade
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. 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;
and (iv) an indicator which will
distinguish electronic and nonelectronically delivered orders; (v)
liquidity indicators and transaction type
for billing purposes; (vi) capacity.’’ 7
The Exchange is proposing to amend
the CTI description and memorialize it
within MRX Rule 718(b)(1). The
Exchange proposes to eliminate 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
also proposes to delete the words ‘‘an
indicator which will distinguish
electronic and non-electronically
delivered orders.’’ The only method on
MRX to deliver an order is
electronically.
The Exchange proposes to adopt new
definitions for ‘‘account number,’’ 8
6 See Securities Exchange Act Release No. 81312
(August 3, 2017), 82 FR 37253 (August 3, 2017)
(SR–MRX–2017–13) (‘‘Prior Filing’’).
7 See note 3 above.
8 An ‘‘account number’’ shall mean a number
assigned to a Member. Members may have more
E:\FR\FM\08JNN1.SGM
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26718
Federal Register / Vol. 83, No. 111 / Friday, June 8, 2018 / Notices
‘‘badge,’’ 9 and ‘‘mnemonic’’ 10 to be
utilized within the CTI definition and
uniformly throughout the Rulebook. The
Exchange proposes to renumber Rule
100 to accommodate the new
definitions. The Exchange is reserving 2
numbers for future use of other
definitions. The Exchange proposes to
replace the phrase in Rule 718(b)(1)
subsection (ii) from previously filed
Exchange badge or house number to
proposed definitions for badge or
mnemonic. The Exchange proposes to
replace the phrase in Rule 718(b)(1)
subsection (iii) from Exchange internal
firm identifier to proposed definition for
account number. The Exchange
proposes to expand on Rule 718(b)(1)
subsection (iv) by replacing the phrase
‘‘an indicator which will distinguish
electronic and non-electronically
delivered orders’’ with ‘‘information
which identifies the transaction type
(e.g. auction type) for billing purposes.’’
Finally, the Exchange is adding an
‘‘and’’ before Rule 718(b)(1) subsection
(v) ‘‘capacity’’ and changing the
wording to ‘‘market participant
capacity.’’ The Exchange has
renumbered the CTI sections to account
for the language that was removed from
the description. Finally, the Exchange is
making a grammatical change and
adding parenthesis around defined
terms. The Exchange is expressing more
specifically the type of data contained
in CTI.
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FIX DROP
The Exchange stated in its Prior Filing
that ‘‘FIX DROP provides real-time
order and execution update is a 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; and (4) busts or posttrade corrections.’’ 11
The Exchange proposes to
memorialize FIX DROP within MRX
Rule 718(b)(3). The Exchange notes that
at the end of the first sentence of the
description it is adding ‘‘specific to that
Member’’ to make clear that FIX DROP
only provides a Member its specific
trade information. Also, an ‘‘and’’ is
than one account number. See proposed Rule
100(a)(1).
9 A ‘‘badge’’ shall mean an account number with
a letter suffix assigned to Market Makers. A Market
Maker account may be associated with multiple
badges. See proposed Rule 100(a)(5).
10 A ‘‘mnemonic’’ shall mean an acronym
comprised of letters and/or numbers assigned to
Electronic Access Members. An Electronic Access
Member account may be associated with multiple
mnemonics. See proposed Rule 100(a)(34).
11 Id.
VerDate Sep<11>2014
16:53 Jun 07, 2018
Jkt 241001
included before new (iv) as the numbers
have been changed to roman numerals.
TradeInfo
The Exchange proposes to establish
its TradeInfo offering at MRX Rule
718(b)(2). TradeInfo, a user interface,
permits a Member to: (i) Search all
orders submitted in a particular security
or all orders of a particular type,
regardless of their status (open,
canceled, executed, etc.); (ii) view
orders and executions; and (iii)
download orders and executions for
recordkeeping purposes. TradeInfo
users may also cancel open orders at the
order, port or firm mnemonic level
through TradeInfo. TradeInfo is offered
today to Members on MRX at no cost.
The Exchange considers it appropriate
to establish and memorialize the order
and execution information available on
MRX within a rule so that Members 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 Members
and is specific to a Member’s
transactions on MRX.
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’’),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 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 MRX.
Each proposal is described in more
detail below.
MRX Rule 718(a)
The Exchange’s proposal to amend
the Nasdaq MRX Top Quote Feed to
specify that Professional Orders and
Priority Customer Orders are segregated
and aggregated is consistent with the
protection of investors and the public
interest because the Exchange is
correcting the categories of orders,
which are segregated and aggregated.
The Public Customer definition is too
broad because it includes a portion of
Priority Customer, which was already
specified within the description. The
Exchange proposes to remove Public
Customer and replace it with
Professional Order to be more specific
12 15
13 15
PO 00000
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
Frm 00078
Fmt 4703
and amend Priority Customer to Priority
Customer Order to reference the types of
orders that are aggregated to conform
the rule text. The Exchange believes that
this amendment will bring more
transparency to the information within
the feed.
MRX Rule 718(b)
The Exchange believes that
memorializing CTI and FIX DROP
within a rule will provide Members
with transparency as to the order and
information offerings available on MRX
specific to their trading on MRX. The
Exchange’s proposal to establish
TradeInfo is consistent with the Act
because the Exchange is detailing the
contents of this offering as well as
providing transparency as to the
availability of TradeInfo. The Exchange
believes that offering Members
TradeInfo, which allows Members to
view executions as well as other
capabilities with respect to order
management, enhances the ability of a
Member to manage its orders. The
Exchange believes that providing
Members with tools to manage orders is
consistent with the Act and serves to
protect investors and the public interest.
Further, the Exchange believes that this
proposal is consistent with the Act
because TradeInfo provides information
regarding information available to
market participants, specifically with
respect to trades they execute on MRX.
The information is available to all
Members.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
In accordance with Section 6(b)(8) of
the Act,14 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 Nasdaq MRX Top
Quote Feed as well as order and
execution information offered on MRX.
The information is available to all
Members. Specifically, TradeInfo is
available to any Member that requests
this service. The TradeInfo product will
provide a Member information
regarding that Member’s executions.
14 15
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E:\FR\FM\08JNN1.SGM
U.S.C. 78f(b)(8).
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Federal Register / Vol. 83, No. 111 / Friday, June 8, 2018 / Notices
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 15 and
subparagraph (f)(6) of Rule 19b–4
thereunder.16
A proposed rule change filed under
Rule 19b–4(f)(6) 17 normally does not
become operative prior to 30 days after
the date of the filing. However, Rule
19b–4(f)(6)(iii) 18 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 proposed
rule change may become effective and
operative immediately upon filing. The
Exchange states that waiver of the
operative delay will allow the Exchange
to correct the Nasdaq MRX Top Quote
Feed and update its rules immediately
regarding order and execution
information offered on MRX. The
Exchange further states that it believes
the waiver will further the protection of
investors and the public interest
because it will provide greater
transparency as to the Nasdaq MRX Top
Quote Feed as well as trade detail
available to market participants.
Further, the Exchange states that
memorializing TradeInfo will provide
Members with greater information
concerning a Member’s executions on
MRX and make its availability
transparent. The Commission believes
that waiver of the 30-day operative
delay is consistent with the protection
of investors and the public interest.
15 15
U.S.C. 78s(b)(3)(A)(iii).
CFR 240.19b–4(f)(6). In addition, Rule 19b–
4(f)(6)(iii) requires a self-regulatory organization to
give the Commission written notice of its intent to
file the proposed rule change, along with a brief
description and text of the proposed rule change,
at least five business days prior to the date of filing
of the proposed rule change, or such shorter time
as designated by the Commission. The Exchange
has satisfied this requirement.
17 17 CFR 240.19b–4(f)(6).
18 17 CFR 240.19b–4(f)(6)(iii).
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16 17
VerDate Sep<11>2014
16:53 Jun 07, 2018
Jkt 241001
Therefore, the Commission hereby
waives the 30-day operative delay and
designates the proposed rule change as
operative upon filing.19
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 (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
MRX–2018–16 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–MRX–2018–16. 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,
19 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).
PO 00000
Frm 00079
Fmt 4703
Sfmt 4703
26719
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–MRX–2018–16 and should
be submitted on or before June 29, 2018.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.20
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018–12318 Filed 6–7–18; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–83367; File No. SR–BOX–
2018–14]
Self-Regulatory Organizations; BOX
Options Exchange LLC; Notice of
Filing of Proposed Rule Change To
Adopt Rules Governing the Trading of
Complex Qualified Contingent Cross
and Complex Customer Cross Orders
June 4, 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 May 22,
2018, BOX Options Exchange LLC (the
‘‘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 self-regulatory organization. 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 the Substance
of the Proposed Rule Change
The Exchange proposes to adopt rules
governing the trading of Complex
Qualified Contingent Cross and
Complex Customer Cross Orders. The
text of the proposed rule change is
available from the principal office of the
Exchange, at the Commission’s Public
Reference Room and also on the
20 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
E:\FR\FM\08JNN1.SGM
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Agencies
[Federal Register Volume 83, Number 111 (Friday, June 8, 2018)]
[Notices]
[Pages 26717-26719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12318]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-83366; File No. SR-MRX-2018-16]
Self-Regulatory Organizations; Nasdaq MRX, LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Memorialize
Order and Execution Information Into MRX Rule 718
June 4, 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 May 23, 2018, Nasdaq MRX, LLC (``MRX'' 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 memorialize its order and execution
information into MRX Rule 718, entitled ``Data Feeds.''
The text of the proposed rule change is available on the Exchange's
website at https://nasdaqmrx.cchwallstreet.com/, at the principal office
of the Exchange, and at the Commission's Public Reference Room.
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
The Exchange proposes to add order and execution information into
MRX Rule 718, entitled ``Data Feeds.'' The Exchange proposes to rename
this rule ``Data Feeds and Trade Information.'' The Exchange also
proposes to amend Rule 100 to add definitions.
MRX Rule 718(a)
The Exchange proposes to amend the Nasdaq MRX Top Quote Feed. The
Exchange stated in that description that this feed calculates and
disseminates MRX's best bid and offer position, with aggregated size
(including total size in aggregate, for Public Customer \3\ size in the
aggregate and Priority Customer \4\ size in the aggregate), based on
displayable order and quote interest in the System. The Exchange
proposes to amend this rule text to instead provide, ``this feed
calculates and disseminates MRX's best bid and offer position, with
aggregated size (including total size in aggregate, for Professional
Order \5\ size in the aggregate and Priority Customer Order size in the
aggregate), based on displayable order and quote interest in the
System.'' The Exchange intended to specify that Professional Orders and
Priority Customer Orders are segregated and aggregated. The Public
Customer definition is too broad because it includes a portion of
Priority Customer, which was already specified within the description.
The Exchange proposes to remove Public Customer and replace it with
Professional Order to be more specific and amend Priority Customer to
Priority Customer Order to reference the types of orders that are
aggregated to conform the rule text.
---------------------------------------------------------------------------
\3\ The term ``Public Customer'' means a person or entity that
is not a broker or dealer in securities. See Rule 100(a)(44).
\4\ The term ``Priority Customer'' means a person or entity that
(i) is not a broker or dealer in securities, and (ii) does not place
more than 390 orders in listed options per day on average during a
calendar month for its own beneficial account(s). See 100(a)(41A).
The term ``Priority Customer Order'' means an order for the account
of a Priority Customer. See Rule 100(a)(43A).
\5\ The term ``Professional Order'' means an order that is for
the account of a person or entity that is not a Priority Customer.
See Rule 100(a)(43C).
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MRX Rule 718(b)
The Exchange proposes to adopt a new MRX Rule 718(b) and
memorialize the following order and execution information which was
discussed in other rule filings by the Exchange: (i) Clearing Trade
Information or ``CTI''; and (ii) FIX DROP.\6\ The Exchange is also
adding a description for TradeInfo. The TradeInfo user interface is
being offered today on MRX at no cost.
---------------------------------------------------------------------------
\6\ See Securities Exchange Act Release No. 81312 (August 3,
2017), 82 FR 37253 (August 3, 2017) (SR-MRX-2017-13) (``Prior
Filing'').
---------------------------------------------------------------------------
The Exchange notes that while CTI and FIX Drop information are
accessible through a port, TradeInfo is an interface. The Exchange
notes this distinction to make clear the manner of delivery for each of
these information types.
CTI
The Exchange stated in its Prior Filing that ``CTI is a real-time
clearing trade 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. 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; and (iv) an
indicator which will distinguish electronic and non-electronically
delivered orders; (v) liquidity indicators and transaction type for
billing purposes; (vi) capacity.'' \7\
---------------------------------------------------------------------------
\7\ See note 3 above.
---------------------------------------------------------------------------
The Exchange is proposing to amend the CTI description and
memorialize it within MRX Rule 718(b)(1). The Exchange proposes to
eliminate 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 also proposes to delete the words ``an indicator which
will distinguish electronic and non-electronically delivered orders.''
The only method on MRX to deliver an order is electronically.
The Exchange proposes to adopt new definitions for ``account
number,'' \8\
[[Page 26718]]
``badge,'' \9\ and ``mnemonic'' \10\ to be utilized within the CTI
definition and uniformly throughout the Rulebook. The Exchange proposes
to renumber Rule 100 to accommodate the new definitions. The Exchange
is reserving 2 numbers for future use of other definitions. The
Exchange proposes to replace the phrase in Rule 718(b)(1) subsection
(ii) from previously filed Exchange badge or house number to proposed
definitions for badge or mnemonic. The Exchange proposes to replace the
phrase in Rule 718(b)(1) subsection (iii) from Exchange internal firm
identifier to proposed definition for account number. The Exchange
proposes to expand on Rule 718(b)(1) subsection (iv) by replacing the
phrase ``an indicator which will distinguish electronic and non-
electronically delivered orders'' with ``information which identifies
the transaction type (e.g. auction type) for billing purposes.''
Finally, the Exchange is adding an ``and'' before Rule 718(b)(1)
subsection (v) ``capacity'' and changing the wording to ``market
participant capacity.'' The Exchange has renumbered the CTI sections to
account for the language that was removed from the description.
Finally, the Exchange is making a grammatical change and adding
parenthesis around defined terms. The Exchange is expressing more
specifically the type of data contained in CTI.
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\8\ An ``account number'' shall mean a number assigned to a
Member. Members may have more than one account number. See proposed
Rule 100(a)(1).
\9\ A ``badge'' shall mean an account number with a letter
suffix assigned to Market Makers. A Market Maker account may be
associated with multiple badges. See proposed Rule 100(a)(5).
\10\ A ``mnemonic'' shall mean an acronym comprised of letters
and/or numbers assigned to Electronic Access Members. An Electronic
Access Member account may be associated with multiple mnemonics. See
proposed Rule 100(a)(34).
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FIX DROP
The Exchange stated in its Prior Filing that ``FIX DROP provides
real-time order and execution update is a 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; and (4) busts or post-trade
corrections.'' \11\
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\11\ Id.
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The Exchange proposes to memorialize FIX DROP within MRX Rule
718(b)(3). The Exchange notes that at the end of the first sentence of
the description it is adding ``specific to that Member'' to make clear
that FIX DROP only provides a Member its specific trade information.
Also, an ``and'' is included before new (iv) as the numbers have been
changed to roman numerals.
TradeInfo
The Exchange proposes to establish its TradeInfo offering at MRX
Rule 718(b)(2). TradeInfo, a user interface, permits a Member to: (i)
Search all orders submitted in a particular security or all orders of a
particular type, regardless of their status (open, canceled, executed,
etc.); (ii) view orders and executions; and (iii) download orders and
executions for recordkeeping purposes. TradeInfo users may also cancel
open orders at the order, port or firm mnemonic level through
TradeInfo. TradeInfo is offered today to Members on MRX at no cost.
The Exchange considers it appropriate to establish and memorialize
the order and execution information available on MRX within a rule so
that Members 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 Members and is specific to a Member's transactions
on MRX.
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''),\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 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 MRX. Each proposal is described in
more detail below.
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\12\ 15 U.S.C. 78f(b).
\13\ 15 U.S.C. 78f(b)(5).
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MRX Rule 718(a)
The Exchange's proposal to amend the Nasdaq MRX Top Quote Feed to
specify that Professional Orders and Priority Customer Orders are
segregated and aggregated is consistent with the protection of
investors and the public interest because the Exchange is correcting
the categories of orders, which are segregated and aggregated. The
Public Customer definition is too broad because it includes a portion
of Priority Customer, which was already specified within the
description. The Exchange proposes to remove Public Customer and
replace it with Professional Order to be more specific and amend
Priority Customer to Priority Customer Order to reference the types of
orders that are aggregated to conform the rule text. The Exchange
believes that this amendment will bring more transparency to the
information within the feed.
MRX Rule 718(b)
The Exchange believes that memorializing CTI and FIX DROP within a
rule will provide Members with transparency as to the order and
information offerings available on MRX specific to their trading on
MRX. The Exchange's proposal to establish TradeInfo is consistent with
the Act because the Exchange is detailing the contents of this offering
as well as providing transparency as to the availability of TradeInfo.
The Exchange believes that offering Members TradeInfo, which allows
Members to view executions as well as other capabilities with respect
to order management, enhances the ability of a Member to manage its
orders. The Exchange believes that providing Members with tools to
manage orders is consistent with the Act and serves to protect
investors and the public interest. Further, the Exchange believes that
this proposal is consistent with the Act because TradeInfo provides
information regarding information available to market participants,
specifically with respect to trades they execute on MRX. The
information is available to all Members.
B. Self-Regulatory Organization's Statement on Burden on Competition
In accordance with Section 6(b)(8) of the Act,\14\ 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 Nasdaq MRX Top Quote Feed as well as order and
execution information offered on MRX. The information is available to
all Members. Specifically, TradeInfo is available to any Member that
requests this service. The TradeInfo product will provide a Member
information regarding that Member's executions.
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\14\ 15 U.S.C. 78f(b)(8).
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[[Page 26719]]
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 \15\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\16\
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\15\ 15 U.S.C. 78s(b)(3)(A)(iii).
\16\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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A proposed rule change filed under Rule 19b-4(f)(6) \17\ normally
does not become operative prior to 30 days after the date of the
filing. However, Rule 19b-4(f)(6)(iii) \18\ 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 proposed
rule change may become effective and operative immediately upon filing.
The Exchange states that waiver of the operative delay will allow the
Exchange to correct the Nasdaq MRX Top Quote Feed and update its rules
immediately regarding order and execution information offered on MRX.
The Exchange further states that it believes the waiver will further
the protection of investors and the public interest because it will
provide greater transparency as to the Nasdaq MRX Top Quote Feed as
well as trade detail available to market participants. Further, the
Exchange states that memorializing TradeInfo will provide Members with
greater information concerning a Member's executions on MRX and make
its availability transparent. The Commission believes that waiver of
the 30-day operative delay is consistent with the protection of
investors and the public interest. Therefore, the Commission hereby
waives the 30-day operative delay and designates the proposed rule
change as operative upon filing.\19\
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\17\ 17 CFR 240.19b-4(f)(6).
\18\ 17 CFR 240.19b-4(f)(6)(iii).
\19\ 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: (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 (https://www.sec.gov/rules/sro.shtml); or
Send an email to [email protected]. Please include
File Number SR-MRX-2018-16 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-MRX-2018-16. 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-MRX-2018-16 and should be submitted on
or before June 29, 2018.
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\20\ 17 CFR 200.30-3(a)(12).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-12318 Filed 6-7-18; 8:45 am]
BILLING CODE 8011-01-P