[Federal Register Volume 89, Number 104 (Wednesday, May 29, 2024)]
[Notices]
[Pages 46493-46499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11703]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-100211; File No. SR-BX-2024-016]


Self-Regulatory Organizations; Nasdaq BX, Inc.; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Adopt an OTTO 
Protocol

May 22, 2024.
    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 8, 2024, Nasdaq BX, Inc. (``BX'' or ``Exchange'') filed with the 
Securities and Exchange Commission (``Commission'') the proposed rule 
change as described in Items I, II, and III, 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 adopt a new protocol, ``Ouch to Trade 
Options'' or ``OTTO'' and establish pricing for this new protocol.
    The text of the proposed rule change is available on the Exchange's 
website at https://listingcenter.nasdaq.com/rulebook/nasdaq/rules, 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
    BX proposes to offer a new order entry protocol called OTTO. Today, 
BX Participants may enter orders into the Exchange through the 
``Financial Information eXchange'' or ``FIX.'' \3\ The proposed new 
OTTO protocol is identical to the OTTO protocol offered today on 3 
Nasdaq affiliated exchanges, Nasdaq ISE, LLC (``ISE''), Nasdaq GEMX, 
LLC (``GEMX'') and Nasdaq MRX, LLC (``MRX'').
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    \3\ FIX is an interface that allows Participants and their 
Sponsored Customers to connect, send, and receive messages related 
to orders and auction orders and responses to and from the Exchange. 
Features include the following: (1) execution messages; (2) order 
messages; and (3) risk protection triggers and cancel notifications. 
In addition, a BX Participant may elect to utilize FIX to send a 
message and PRISM Order, as defined within Options 3, Section 13, to 
all BX Participants that opt in to receive Requests for PRISM 
requesting that it submit the sender's PRISM Order with responder's 
Initiating Order, as defined within Options 3, Section 13, into the 
Price Improvement Auction (``PRISM'') mechanism, pursuant to Options 
3, Section 13 (``Request for PRISM''). See Options 3, Section 
7(e)(1)(A).
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    The OTTO protocol is a proprietary protocol of Nasdaq, Inc. The 
Exchange continues to innovate and modernize technology so that it may 
continue to compete among options markets. The ability to continue to 
innovate with technology and offer new products to market participants 
allows BX to remain competitive in the options space which currently 
has seventeen options markets and potential new entrants.
OTTO Protocol
    As proposed, OTTO would allow Participants and their Sponsored 
Customers \4\ to connect, send, and receive messages related to orders, 
auction orders, and auction responses to the Exchange. OTTO features 
would

[[Page 46494]]

include the following: (1) options symbol directory messages (e.g., 
underlying and complex instruments); (2) System \5\ event messages 
(e.g., start of trading hours messages and start of opening); (3) 
trading action messages (e.g., halts and resumes); (4) execution 
messages; (5) order messages; (6) risk protection triggers and cancel 
notifications; (7) auction notifications; (8) auction responses; and 
(9) post trade allocation messages. The Exchange notes that unlike FIX, 
which offers routing capability, OTTO does not permit routing. The 
Exchange proposes to include this description of OTTO in new Options 3, 
Section 7(e)(1)(B) and re-letter current ``B'' as ``C''.
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    \4\ General 2, Section 22 describes Sponsored Access 
arrangements.
    \5\ The term ``System'' or ``Trading System'' means the 
automated system for order execution and trade reporting owned and 
operated by BX as the BX Options market. The BX Options market 
comprises: (A) an order execution service that enables Participants 
to automatically execute transactions in option series; and provides 
Participants with sufficient monitoring and updating capability to 
participate in an automated execution environment; (B) a trade 
reporting service that submits ``locked-in'' trades for clearing to 
a registered clearing agency for clearance and settlement; transmits 
last-sale reports of transactions automatically to the Options Price 
Reporting Authority for dissemination to the public and industry; 
and provides participants with monitoring and risk management 
capabilities to facilitate participation in a ``locked-in'' trading 
environment; and (C) the data feeds described in Options 3, Section 
23. See BX Options 1, Section 1(a)(59).
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    Only one order protocol is required for a BX Participant to submit 
orders into BX. Only BX Participants may utilize ports on BX. Any 
market participant that sends orders to a BX Participant would not need 
to utilize a port. The BX Participant may send all orders, proprietary 
and agency, through one port to BX. Participants may elect to obtain 
multiple ports to organize their business,\6\ however only one port is 
necessary for a Participant to enter orders on BX.
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    \6\ For example, a Participant may desire to utilize multiple 
FIX or OTTO Ports for accounting purposes, to measure performance, 
for regulatory reasons, segregating order flow among different 
trading desks, or other determinations that are specific to that 
Participant. A market participant may utilize multiple ports in some 
cases to send multiple orders through different ports to avoid any 
latency or queuing of orders. The Exchange notes that to the extent 
that different OTTO Ports are used to send multiple orders as 
compared to sending multiple orders through one OTTO Port the 
difference from a latency standpoint would be in nanoseconds.
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    Participants may elect to enter their orders through FIX, OTTO, or 
both protocols, although both protocols are not necessary. Participants 
may prefer one protocol as compared to another protocol, for example, 
the ability to route may cause a Participant to utilize FIX and a 
Participant that desires to execute an order locally may prefer OTTO. 
Also, the OTTO Port offers lower latency as compared to the FIX Port, 
which may be attractive to Participants depending on their trading 
behavior. Nasdaq believes that the addition of OTTO will provide BX 
Participants with additional choice when submitting orders to BX.
    While the Exchange has no way of predicting with certainty the 
amount or type of OTTO Ports market participants will in fact purchase, 
the Exchange anticipates that some Participants will subscribe to 
multiple OTTO Ports in combination with FIX Ports. The Exchange notes 
that Options Participants may use varying number of OTTO ports based on 
their business needs.
Other Amendments
    In connection with offering OTTO, the Exchange proposes to amend 
other rules within Options 3. Each amendment is described below.
Options 3, Section 7
    BX proposes to amend Options 3, Section 7, Types of Orders and 
Quote Protocols. Specifically, BX proposes to amend Options 3, Section 
7 (b)(2) that describes the Immediate-or-Cancel'' or ``IOC'' order. 
Today, Options 3, Section 7(b)(2)(B) notes that an IOC order may be 
entered through FIX or SQF, provided that an IOC Order entered by a 
Market Maker through SQF is not subject to the Order Price Protection, 
the Market Order Spread Protection, or Size Limitation in Options 3, 
Section 15(a)(1), (a)(2), and (b)(2), respectively. The Exchange 
proposes to add ``OTTO'' to the list of protocols to note that an IOC 
order may also be entered through OTTO.
    BX also proposes to amend the ``DAY'' order in Options 3, Section 
7(b)(3) that currently provides that a Day order may be entered through 
FIX. With the addition of OTTO, a Day order may also be entered through 
OTTO.
    BX also proposes to amend the ``Good Til Cancelled'' or ``GTC'' 
order which currently does not specify that a GTC order may be entered 
through FIX. GTC orders would only be able to be entered through FIX 
and not OTTO. The Exchange proposes to amend Options 3, Section 7(b)(4) 
to add a sentence to note that GTC orders may be entered through FIX.
Options 3, Section 8
    BX proposes to amend Options 3, Section 8, Options Opening Process. 
BX proposes to amend Options 3, Section 8(l) that describes the Opening 
Process Cancel Timer. The Opening Process Cancel Timer represents a 
period of time since the underlying market has opened. If an option 
series has not opened before the conclusion of the Opening Process 
Cancel Timer, a Participant may elect to have orders returned by 
providing written notification to the Exchange. Today, these orders 
include all non-Good Til Cancelled Orders received over the FIX 
protocol. The Exchange proposes to add the OTTO protocol as well to the 
rule text language in that paragraph.
Options 3, Section 12
    The Exchange proposes to amend the Options 3, Section 12, Crossing 
Orders. Specifically, the Exchange proposes to amend Customer Crossing 
Orders in Options 3, Section 12(a) that currently provides Public 
Customer-to-Public Customer Cross Orders are automatically executed 
upon entry provided that the execution is at or between the best bid 
and offer on the Exchange and (i) is not at the same price as a Public 
Customer Order on the Exchange's limit order book and (ii) will not 
trade through the NBBO. Public Customer-to-Public Customer Cross Orders 
must be entered through FIX. The Exchange proposes to remove the 
sentence that provides that Public Customer-to-Public Customer Cross 
Orders must be entered through FIX because they will be able to be 
entered through both FIX and OTTO.
Options 3, Section 17
    The Exchange proposes to amend the Kill Switch at Options 3, 
Section 17. The Kill Switch provides Participants with an optional risk 
management tool to promptly cancel and restrict orders. With the 
introduction of OTTO, the Exchange proposes to align its Kill Switch 
rule text with MRX's Kill Switch.\7\ The Exchange proposes to note in 
Options 3, Section 17(a) that BX Participants may initiate a message(s) 
to the System to promptly cancel and restrict their order activity on 
the Exchange, as is the case today, as described in section (a)(1). 
This amendment simply rewords the rule text without a substantive 
amendment to the rule text.
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    \7\ See MRX Options 3, Section 17.
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    The Exchange proposes to renumber Options 3, Section 17(a)(i) and 
(ii) as (a)(1) and (2). Current Options 3, Section 17(a)(i) states, 
``If orders are cancelled by the BX Participant utilizing the Kill 
Switch, it will result in the cancellation of all orders requested for 
the Identifier(s). The BX Participant will be unable to enter 
additional orders for the affected Identifier(s) until re-entry has 
been enabled pursuant to section

[[Page 46495]]

(a)(ii).'' The Exchange proposes to instead provide, ``A BX Participant 
may submit a request to the System through FIX or OTTO to cancel all 
existing orders and restrict entry of additional orders for the 
requested Identifier(s) on a user level on the Exchange.'' With the 
addition of OTTO, the Exchange notes that both FIX and OTTO orders may 
be cancelled. Further, today, BX Participants utilize an interface to 
send a message to the Exchange to initiate a Kill Switch.\8\ The 
Exchange notes that in lieu of the interface, BX Participants will only 
be able to initiate a cancellation of their orders by sending a mass 
purge request through FIX or OTTO. This change will align the Kill 
Switch functionality to that of ISE, GEMX and MRX Options 3, Section 17 
and will enable BX Participants to initiate the Kill Switch more 
seamlessly without the need to utilize a separate interface. When 
initiating a cancellation of their orders by sending a mass purge 
request through FIX or OTTO, Participants will be able to submit a Kill 
Switch request on a user level only. This is a change from the ability 
to cancel orders on either a user or group level \9\ with the 
interface. The Exchange proposes to amend Options 3, Section 17(a) to 
note this change by removing the words ``or group'' and the following 
sentence that applies to a group.\10\
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    \8\ See Securities Exchange Act Release No. 76116 (October 8, 
2015), 80 FR 62147 (October 15, 2015) (SR-BX-2015-050) (Order 
Approving Proposed Rule Change To Adopt a Kill Switch).
    \9\ A permissible group could include all badges associated with 
a Market Maker. Today, a Participant is able to set up these groups 
in the interface to include all or some of the Identifiers 
associated with the Participant firm so that a GUI Kill Switch 
request could apply to this pre-defined group.
    \10\ The Exchange proposes to remove this sentence, 
``Permissible groups must reside within a single broker-dealer'' as 
the group option would no longer exist.
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    Finally, the Exchange proposes to amend proposed Options 3, Section 
17(a)(2) to align to MRX's rule text by providing ``Once a BX 
Participant initiates a Kill Switch pursuant to (a)(1) above . . .'' in 
the first sentence. This amendment simply rewords the rule text without 
a substantive amendment to the rule text.
Options 3, Section 18
    The Exchange proposes to amend Options 3, Section 18, Detection of 
Loss of Communication. The Exchange proposes to add OTTO to Options 3, 
Section 18 as OTTO would also be subject to this rule. Today, when the 
SQF Port or the FIX Port detects the loss of communication with a 
Participant's Client Application because the Exchange's server does not 
receive a Heartbeat message for a certain time period, the Exchange 
will automatically logoff the Participant's affected Client Application 
and automatically cancel all of the Participant's open quotes through 
SQF and open orders through FIX. Quotes and orders are cancelled across 
all Client Applications that are associated with the same BX Options 
Market Maker ID and underlying issues.
    At this time, the Exchange proposes to permit orders entered 
through OTTO to be cancelled similar to FIX orders when the Exchange's 
server does not receive a Heartbeat message for a certain time period. 
The Exchange is proposing to amend Options 3, Section 18 to also 
rearrange the rule text to add the word ``Definitions'' next to ``a'' 
and move the rule text in current ``a'' to ``b'' and re-letter the 
other paragraphs accordingly. Also, the Exchange proposes to define 
``Session of Connectivity'' for purposes of this rule to mean each time 
the Participant connects to the Exchange's System. Further, each new 
connection, intra-day or otherwise, is a new Session of Connectivity. 
The Exchange proposes to use the new definition throughout Options 3, 
Section 18.
    Similar to FIX, when the OTTO Port detects the loss of 
communication with a Participant's Client Application because the 
Exchange's server does not receive a Heartbeat message for a certain 
time period, the Exchange will automatically logoff the Participant's 
affected Client Application and automatically cancel all of the 
Participant's open orders through OTTO. Orders would be cancelled 
across all Client Applications that are associated with the same BX 
Options Market Maker ID and underlying issues. The Exchange proposes to 
update Options 3, Section 18 to provide in proposed Options 3, Section 
18(a)(3) that the OTTO Port is the Exchange's proprietary System 
component through which Participants communicate their orders from the 
Client Application. Further, the Exchange would note in proposed 
Options 3, Section 18(c) that when the OTTO Port detects the loss of 
communication with a Participant's Client Application because the 
Exchange's server does not receive a Heartbeat message for a certain 
time period (``nn'' seconds), the Exchange will automatically logoff 
the Participant's affected Client Application and if the Participant 
has elected to have its orders cancelled pursuant to proposed Section 
18(f), automatically cancel all orders. Proposed Options 3, Section 
18(f) would provide that the default period of ``nn'' seconds for OTTO 
Ports would be fifteen (15) seconds for the disconnect and, if elected, 
the removal of orders. A Participant may determine another time period 
of ``nn'' seconds of no technical connectivity, as required in proposed 
paragraph (c), to trigger the disconnect and, if so elected, the 
removal of orders and communicate that time to the Exchange. The period 
of ``nn'' seconds may be modified to a number between one hundred (100) 
milliseconds and 99,999 milliseconds for OTTO Ports prior to each 
Session of Connectivity to the Exchange. This feature may be disabled 
for the removal of orders, however the Participant will be 
disconnected.
    Proposed Options 3, Section 18(f)(1) would provide that if the 
Participant changes the default number of ``nn'' seconds, that new 
setting shall be in effect throughout the current Session of 
Connectivity and will then default back to fifteen seconds. The 
Participant may change the default setting prior to each Session of 
Connectivity. Finally, as proposed in Options 3, Section 18(f)(2), if 
the time period is communicated to the Exchange by calling Exchange 
operations, the number of ``nn'' seconds selected by the Participant 
will persist for each subsequent Session of Connectivity until the 
Participant either contacts Exchange operations by phone and changes 
the setting or the Participant selects another time period through the 
Client Application prior to the next Session of Connectivity. The 
trigger for OTTO Ports is event and Client Application specific. The 
automatic cancellation of the BX Options Market Maker's open orders for 
OTTO Ports entered into the respective OTTO Ports via a particular 
Client Application will neither impact nor determine the treatment of 
orders of the same or other Participants entered into the OTTO Ports 
via a separate and distinct Client Application. The proposed amendments 
for OTTO mirror the manner in which FIX Ports are treated when the 
Exchange's server does not receive a Heartbeat message for a certain 
time period for a FIX Port.\11\
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    \11\ The Exchange proposes to update internal cross-references 
to accommodate relocated text.
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Pricing
    BX proposes to amend its Pricing Schedule at Options 7, Section 3, 
BX Options Market--Ports and other Services, to assess a port fee for 
the new OTTO protocol.
    The Exchange proposes to assess an OTTO Port Fee of $650 per port, 
per month, per account number. OTTO would be an additional order entry 
protocol for BX Participants in addition

[[Page 46496]]

to FIX, which is currently utilized by BX Participants to enter orders 
into BX. The Exchange currently assesses a FIX Port Fee of $650 per 
port, per month, per account number.\12\ Only one FIX order protocol is 
required for a BX Participant to submit orders into BX and to meet its 
regulatory requirements.\13\ The Exchange will provide each Participant 
the first FIX Port at no cost to submit orders into BX. Only one 
account number is necessary to transact an options business on BX and 
account numbers are available to Participants at no cost.
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    \12\ The term ``account number'' means a number assigned to a 
Participant. Participants may have more than one account number. See 
Options 1, Section 1(a)(2). Account numbers are free on BX.
    \13\ BX Participants have trade-through requirements under 
Regulation NMS as well as broker-dealers' best execution 
obligations.
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    Only BX Participants may utilize ports on MRX. [sic] Any market 
participant that sends orders to a Participant would not need to 
utilize a port. The BX Participant can send all orders, proprietary and 
agency, through one port to BX. Participants may elect to obtain 
multiple account numbers to organize their business, however only one 
account number and one port for orders is necessary for a BX 
Participant to trade on BX. All other order entry ports offered by BX 
are not required for an BX Participant to meet its regulatory 
obligations. BX Participants utilizing the first FIX Port offered at no 
cost do not need to purchase an OTTO Port to meet their regulatory 
obligations.
    Further, while only one FIX protocol is necessary to submit orders 
into BX, Participants may choose to purchase a greater number of order 
entry ports, depending on their business model.\14\ To the extent that 
Participants chose to utilize more than one FIX Port, the Participant 
would be assessed $650 per port, per month, per account number for each 
subsequent port beyond the first port.
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    \14\ For example, a Participant may desire to utilize multiple 
FIX or OTTO Ports for accounting purposes, to measure performance, 
for regulatory reasons or other determinations that are specific to 
that Participant.
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    The Exchange also proposes to add OTTO to the list of ports that 
are capped at $7,500 on BX. Today, the maximum monthly fees in the 
aggregate for FIX Port, CTI Port, FIX DROP Port, BX Depth Port and BX 
TOP Port Fees on BX is $7,500.\15\ These ports are available to all BX 
Participants. To the extent that a Participant expended more than 
$7,500 for FIX or OTTO Ports, BX would not charge a Participant for 
additional FIX or OTTO Ports, respectively, beyond the cap.
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    \15\ See BX Options 7, Section 3(i).
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    Only one FIX order protocol is required for an MRX [sic] Member to 
submit orders into MRX [sic] and to meet its regulatory 
requirements.\16\ The Exchange will provide each Participant the first 
FIX Port at no cost to submit orders into BX. Only one account number 
is necessary to transact an options business on BX and account numbers 
are available to Participants at no cost. Both FIX and OTTO ports are 
not necessary to conduct business on BX; a Participant may choose among 
protocols based on their business workflow. The Exchange's proposal to 
offer the first FIX Port at no cost would allow BX Participants to 
submit orders and quotes into BX at no cost while meeting their 
regulatory obligations.
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    \16\ BX Participants have trade-through requirements under 
Regulation NMS as well as broker-dealers' best execution 
obligations.
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    The proposed fee for OTTO is identical to the fee offered for OTTO, 
an identical protocol, on MRX. Additionally, MRX offers one free FIX 
Port to its Members and assesses the same FIX Port fee of $650 per 
port, per month, per account number as BX assessed today for FIX. MRX 
also offers a free FIX Disaster Recovery Port. Today, BX does not 
assess Disaster Recovery Port fees.\17\ Finally, today, MRX offers a 
$7,500 monthly cap for OTTO Ports, CTI Ports, FIX Ports, FIX Drop Ports 
and all Disaster Recovery Ports.\18\ BX's proposed monthly cap does not 
include Disaster Recovery Ports, which are free on BX, but does include 
BX Depth Ports and BX Top Ports which are assessed fees of $650 per 
port, per month.
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    \17\ See BX Options 7, Section 3.
    \18\ See MRX Options 7, Section 6.
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Implementation
    The Exchange will implement this rule change on or before December 
20, 2025. The Exchange will announce the operative date to Participants 
in an Options Trader Alert.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act,\19\ in general, and furthers the objectives of Section 
6(b)(5) of the Act,\20\ 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. Additionally, the Exchange believes that its proposal 
furthers the objectives of Sections 6(b)(4) and 6(b)(5) of the Act,\21\ 
in particular, in that it provides for the equitable allocation of 
reasonable dues, fees, and other charges among members and issuers and 
other persons using any facility, and is not designed to permit unfair 
discrimination between customers, issuers, brokers, or dealers.
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    \19\ 15 U.S.C. 78f(b).
    \20\ 15 U.S.C. 78f(b)(5).
    \21\ See 15 U.S.C. 78f(b)(4) and (5).
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OTTO Protocol
    The Exchange's proposal to adopt OTTO is consistent with the Act 
because OTTO would provide BX Participants with an alternative protocol 
to submit orders to the Exchange. As proposed, BX would offer the first 
OTTO Port at no cost to submit orders into BX, which would remove 
impediments to and perfect the mechanism of a free and open market. 
While BX Participants may elect to obtain multiple ports to organize 
their business,\22\ only one order port is necessary for a Participant 
to enter orders on BX. A BX Participant may send all orders, 
proprietary and agency, through one port to BX without incurring any 
cost with this proposal. In the alternative, BX Participants may elect 
to obtain multiple ports to organize their business.\23\
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    \22\ For example, a Participant may desire to utilize multiple 
FIX or OTTO Ports for accounting purposes, to measure performance, 
for regulatory reasons or other determinations that are specific to 
that Participant.
    \23\ For example, a Participant may desire to utilize multiple 
FIX or OTTO Ports for accounting purposes, to measure performance, 
for regulatory reasons or other determinations that are specific to 
that Participant.
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    With the addition of OTTO, a BX Participant may elect to enter 
their orders through FIX, OTTO, or both protocols, although both 
protocols are not necessary. Each BX Participant would receive one OTTO 
Port at no cost, thereby promoting just and equitable principles of 
trade. The Exchange notes that Participants may prefer one order 
protocol as compared to another order protocol, for example, the 
ability to route an order may cause a Participant to utilize FIX and a 
Participant that desires to execute an order locally may utilize OTTO. 
Also, the OTTO Port offers lower latency as compared to the FIX Port, 
which may be attractive to Participants depending on their trading 
behavior. With this proposal, BX Participant may organize their 
business as they chose with the ability to send orders to BX at no 
cost. The proposed new OTTO protocol is identical to the OTTO protocol 
offered today on ISE, GEMX, MRX.

[[Page 46497]]

Other Amendments
    In connection with offering OTTO, the Exchange proposes to amend 
other rules within Options 3 to make clear where the FIX and OTTO 
protocols may be utilized. IOC Orders may be entered through FIX, OTTO 
or SQF. A Day order may be entered through FIX or OTTO. A GTC order may 
only be entered through FIX. A Public Customer-to-Public Customer Cross 
Order may be entered through FIX or OTTO. Other processes such the 
Opening Cancel Timer would impact FIX and OTTO equally.
    The Exchange's proposal to amend the Kill Switch at Options 3, 
Section 17 to align its rule text in proposed Options 3, Section 17(a) 
and (a)(2) with MRX's Options 3, Section 17 is consistent with the Act 
because it does not substantively amend the functionality beyond 
removing the group level cancel capability. The Exchange's proposal to 
amend proposed Options 3, Section 17(a)(2) to specify that FIX and OTTO 
orders may be cancelled is consistent with the Act as it will make 
clear that all orders entered on BX may be purged through the Kill 
Switch. Finally, allowing BX Participants to send a mass purge request 
through FIX or OTTO, in lieu of an interface, is consistent with Act 
and the protection of investors and the general public because it will 
enable BX Participants to initiate the Kill Switch more seamlessly 
without the need to utilize a separate interface. Further, utilizing 
the order protocols directly, in lieu of the interface, will align the 
Kill Switch functionality to that of ISE, GEMX and MRX. When initiating 
a cancellation of their orders by sending a mass purge request through 
FIX or OTTO, Participants will be able to submit a Kill Switch request 
on a user level only because the purge will be specific to a FIX or 
OTTO user for these ports.
    Finally, the Detection of Loss of Communication would apply equally 
to FIX and OTTO. The Exchange believes that its proposal is consistent 
with the Act and protects investors as the Exchange is making clear 
what types of order types and other mechanisms may utilize OTTO. Today, 
BX Participants utilize FIX to enter their orders. Despite the fact 
that OTTO would not be available for the GTC Time-In-Force modifier, 
the Exchange notes that one OTTO Port is being provided to Participants 
at no cost. Today, FIX is the only manner in which to enter orders into 
BX.
Pricing
Proposed Port Fees Are Reasonable, Equitable and Not Unfairly 
Discriminatory
    Only one FIX order protocol is required for a BX Participant to 
submit orders into BX and to meet its regulatory requirements \24\ at 
no cost while meeting its regulatory requirements. The Exchange will 
provide each Participant the first FIX Port at no cost to submit orders 
into BX. Only one account number is necessary to transact an options 
business on BX and account numbers are available to Participants at no 
cost.
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    \24\ BX Participants have trade-through requirements under 
Regulation NMS as well as broker-dealers' best execution 
obligations. See Rule 611 of Regulation NMS; 17 CFR 242.611 and 
FINRA Rule 5310.
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    The Exchange proposes to offer each Participant the first FIX Port 
at no cost to meet their regulatory requirements. As noted above, 
Participants may freely choose to rely on one or many ports, depending 
on their business model.
    The Exchange's proposal is reasonable, equitable and not unfairly 
discriminatory as BX is providing BX Participants the first FIX Port to 
submit orders at no cost. These ports, which are offered at no cost, 
would allow a BX Participant to meet its regulatory requirements. All 
other ports offered by BX are not required for an BX Participant to 
meet its regulatory obligations. Therefore, for the foregoing reasons, 
it is reasonable to assess no fee for the first FIX Port obtained by a 
Participant as an BX Participant is able to meet its regulatory 
requirements with these ports.
    Further it is equitable and not unfairly discriminatory to assess 
no fee for the first FIX Port to Participants as all Participants would 
be entitled to the first FIX Port at no cost. With this proposal, BX 
Participants may organize their business in such a way as to submit 
orders to BX at no cost.
    The Exchange's proposal to assess $650 per port, per month, per 
account number for an OTTO Port is reasonable because OTTO is not 
required for a Participant to meet its regulatory requirements. The 
Exchange is offering the first FIX Port at no cost to submit orders to 
BX. In addition to the FIX Port, all Participants may elect to purchase 
OTTO to submit orders to BX. BX Participants utilizing the FIX Port, 
which is offered at no cost, do not need to utilize OTTO.
    Finally, in the event that a BX Participant elects to subscribe to 
multiple ports, the Exchange offers a monthly cap beyond which a 
Participant would be assessed no additional fees for the month and 
proposes to add OTTO to the monthly cap. Today, OTTO Port, CTI Port, 
FIX Port, FIX Drop Port and all Disaster Recovery Ports are subject to 
a monthly cap of $7,500. These caps are reasonable because they allow 
Participants to limit their fees beyond a certain level if they elect 
to purchase multiple ports in a given month. The caps are also 
equitable and not unfairly discriminatory because any Participant will 
be subject to the cap, provided they exceeded the appropriate dollar 
amount in a given month. These ports are available to all BX 
Participants.
    The proposed BX OTTO fee is the same as the OTTO Port fee on MRX, 
for the identical port. Additionally, MRX offers one free FIX Port to 
its Members and assesses the same FIX Port fee of $650 per port, per 
month, per account number as BX assesses today for a FIX Port. MRX 
offers its Members a free FIX Disaster Recovery Port.\25\ Today, BX 
does not assess Disaster Recovery Port fees.\26\ Finally, today, MRX 
offers a $7,500 monthly cap for OTTO Ports, CTI Ports, FIX Ports, FIX 
Drop Ports and all Disaster Recovery Ports.\27\ BX's proposed monthly 
cap does not include Disaster Recovery Ports, which are free on BX, but 
does include BX Depth Ports and BX Top Ports which are currently 
assessed fees of $650 per port, per month.
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    \25\ See MRX Options 7, Section 6.
    \26\ See BX Options 7, Section 3.
    \27\ See MRX Options 7, Section 6.
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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 OTTO protocol is a proprietary protocol of Nasdaq, Inc. The 
Exchange continues to innovate and modernize technology so that it may 
continue to compete among options markets. The ability to continue to 
innovate with technology and offer new products to market participants 
allows BX to remain competitive in the options space which currently 
has seventeen options markets and potential new entrants. If BX were 
unable to offer and price new protocols, it would result in an undue 
burden on competition as BX would not have the ability to innovate and 
modernize its technology to compete effectively in the options space. 
BX's ability to offer OTTO will enable it to compete with other options 
markets that provide its market participants a choice as to the

[[Page 46498]]

type of order entry protocols that may be utilized. BX's ability to 
offer and price new and innovative products and continue to modernize 
its technology, similar to other options markets, supports intermarket 
competition.
OTTO Protocol
    The Exchange's proposal to adopt an OTTO Protocol does not impose 
an undue burden on intramarket competition. Today, all BX Participants 
utilize FIX to send orders to BX. The Exchange would offer each BX 
Participant the first OTTO Port at no cost with this proposal. With the 
addition of OTTO Ports, a BX Participant may elect to enter their 
orders through FIX, OTTO, or both protocols, although both protocols 
are not necessary. The Exchange's proposal to adopt an OTTO Protocol 
does not impose an undue burden on intermarket competition as other 
options exchanges offer multiple protocols today such as ISE, GEMX and 
MRX.
Other Amendments
    The Exchange's proposal to amend other rules within Options 3 to 
make clear where the FIX and OTTO protocols may be utilized does not 
impose an undue burden on intramarket competition as these rules will 
apply in the same manner to all Participants. The Exchange's proposal 
to amend other rules within Options 3 to make clear where the FIX and 
OTTO protocols may be utilized does not impose an undue burden on 
intermarket competition as other options exchanges may elect to utilize 
their order entry protocols in different ways.
Pricing
    Nothing in the proposal burdens inter-market competition because 
BX's proposal to offer the first FIX Port for free is similar to MRX's 
FIX Port offering, and would allow BX Participants to meet their 
regulatory obligations. BX's offering would permit Participants the 
ability to submit orders to BX at no cost. OTTO Ports are not required 
for BX Participants to meet their regulatory obligations.
    Nothing in the proposal burdens intra-market competition because 
the Exchange would uniformly assess the port fees to all Participants, 
as applicable, and would uniformly apply monthly caps. The proposed 
fees are identical to fees recently approved on MRX.\28\ The proposed 
BX OTTO fee is the same as the OTTO Port fee on MRX, for the identical 
port. Additionally, MRX offers one free FIX Port to its Members and 
assesses the same FIX Port fee of $650 per port, per month, per account 
number as BX assessed today for FIX.\29\ MRX also offers a free FIX 
Disaster Recovery Port.\30\ Today, BX does not assess Disaster Recovery 
Port fees.\31\ Finally, today, MRX offers a $7,500 monthly cap for OTTO 
Ports, CTI Ports, FIX Ports, FIX Drop Ports and all Disaster Recovery 
Ports.\32\ BX's proposed monthly cap does not include Disaster Recovery 
Ports, which are free on BX, but does include BX Depth Ports and BX Top 
Ports which are assessed fees of $650 per port, per month.
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    \28\ See Securities Exchange Commission Release No. 96824 
(February 7, 2023), 88 FR 8975 (February 10, 2023) (SR-MRX-2023-05).
    \29\ See MRX Options 7, Section 6.
    \30\ Id.
    \31\ See BX Options 7, Section 3.
    \32\ See MRX Options 7, Section 6.
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    To the extent that the Commission does not permit BX to assess the 
same identical fees for the same identical products on its market, the 
Commission is creating a burden on competition by allowing MRX to 
assess fees and offer a product that would otherwise be unavailable on 
BX. Additionally, the proposal offers a free FIX Port to BX 
Participants that already subscribe to FIX, the only order port 
currently offered on BX. Each SRO should be permitted to mirror fees 
assessed by another SRO to further competition among the exchanges.

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 \33\ and 
subparagraph (f)(6) of Rule 19b-4 thereunder.\34\
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    \33\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \34\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6) 
requires a self-regulatory organization to give the Commission 
written notice of its intent to file the proposed rule change at 
least five business days prior to the date of filing of the proposed 
rule change, or such shorter time as designated by the Commission. 
The Exchange has satisfied this requirement.
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    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission shall institute proceedings to 
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (https://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
file number SR-BX-2024-016 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-2024-016. 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 
a.m. and 3 p.m. Copies of the filing also will be available for 
inspection and copying at the principal office of the Exchange. Do not 
include personal identifiable information in submissions; you should 
submit only information that you wish to make available publicly. We 
may redact in part or withhold entirely from publication

[[Page 46499]]

submitted material that is obscene or subject to copyright protection. 
All submissions should refer to file number SR-BX-2024-016 and should 
be submitted on or before June 20, 2024.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\35\
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    \35\ 17 CFR 200.30-3(a)(12).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2024-11703 Filed 5-28-24; 8:45 am]
BILLING CODE 8011-01-P