Notice2025-11887

Self-Regulatory Organizations; Investors Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend IEX Rule 11.190(g) To Add a Quote Imbalance Indicator

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Published
June 27, 2025

Issuing agencies

Securities and Exchange Commission

Full Text

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<title>Federal Register, Volume 90 Issue 122 (Friday, June 27, 2025)</title>
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[Federal Register Volume 90, Number 122 (Friday, June 27, 2025)]
[Notices]
[Pages 27703-27709]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-11887]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-103318; File No. SR-IEX-2025-11]


Self-Regulatory Organizations; Investors Exchange LLC; Notice of 
Filing and Immediate Effectiveness of Proposed Rule Change To Amend IEX 
Rule 11.190(g) To Add a Quote Imbalance Indicator

June 24, 2025.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of 
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given 
that, on June 12, 2025, the Investors Exchange LLC (``IEX'' or 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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 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

    Pursuant to the provisions of Section 19(b)(1) under the Act,\4\ 
and Rule 19b-4 thereunder,\5\ the Exchange is filing with the 
Commission a proposed rule change to amend IEX Rule 11.190(g) to 
introduce a new proprietary mathematical calculation designed to 
identify periods of quote imbalance in a particular security. As 
proposed, Users \6\ seeking to employ a relatively passive trading 
strategy would be able to submit Discretionary Peg (``D-Peg'') \7\ and 
primary peg (``P-Peg'') \8\ orders with an instruction to not exercise 
price discretion during periods of quote imbalance. The Exchange has 
designated this proposal as non-controversial and provided the 
Commission with the notice required by Rule 19b-4(f)(6)(iii) under the 
Act.\9\
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    \4\ 15 U.S.C. 78s(b)(1).
    \5\ 17 CFR 240.19b-4.
    \6\ See IEX Rule 1.160(qq).
    \7\ See Rule 11.190(b)(10).
    \8\ See Rule 11.190(b)(8).
    \9\ 17 CFR 240.19b-4(f)(6)(iii).
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    The text of the proposed rule change is available at the Exchange's 
website at <a href="https://www.iexexchange.io/resources/regulation/rule-filings">https://www.iexexchange.io/resources/regulation/rule-filings</a>, 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 self-regulatory organization 
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 self-regulatory organization 
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 amend IEX Rule 11.190(g) to introduce a 
new proprietary mathematical calculation (the ``quote imbalance 
indicator'' or ``QII'') to make ``quote imbalance'' determinations for 
each security (i.e., to turn ``on'' when it assesses there is an 
imbalance in the supply and demand for that particular security).\10\ 
As proposed, for D-Peg and P-Peg orders, which are non-displayed order 
types, the QII would be an alternative to IEX's existing ``crumbling 
quote indicator'' or ``CQI''.\11\
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    \10\ See proposed IEX Rule 11.190(g)(2).
    \11\ See IEX Rule 11.190(g)(1).
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    The CQI is an IEX proprietary mathematical calculation, which is 
designed to assess the probability of an imminent change to the current 
Protected NBB \12\ to a lower price or an imminent change to the 
current Protected NBO \13\ to a higher price for a particular security 
(i.e., a ``quote instability'' determination). When the CQI makes a 
quote instability determination, it turns ``on'' for a period of two 
milliseconds; when the CQI is on, it restricts D-Peg and P-Peg orders 
resting on the Order Book from exercising discretion to meet the price 
of an active order.\14\ As proposed, when the QII turns ``on'', it 
would remain on until it determines there is no longer a quote 
imbalance for that particular security; as with the CQI, when it is 
``on'', the QII will restrict D-Peg and P-Peg orders from exercising 
quote discretion to meet the price of an active order.
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    \12\ See IEX Rule 1.160(cc).
    \13\ See IEX Rule 1.160(cc).
    \14\ As described below, the CQI is used by two other order 
types: Discretionary Limit (``D-Limit'') and Corporate Discretionary 
Peg (``C-Peg'') orders. However, the proposed QII would not be used 
by D-Limit orders, which, as described below, use the CQI to 
determine whether to reprice a displayed or non-displayed D-Limit 
order. Additionally, the proposed QII would not be used by C-Peg 
orders, because C-Peg orders are essentially D-Peg orders with an 
additional price constraint (based on the last reported sale price), 
which IEX believes would not provide any benefits to Users who can 
already use D-Peg as part of their trading strategy.
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    The Exchange expects the QII to be ``on'' for greater portions of 
Regular Market Hours \15\ than the CQI, and believes that Users \16\ 
seeking to employ

[[Page 27704]]

a comparatively more passive trading strategy may prefer to utilize the 
QII rather than the CQI for D-Peg and/or P-Peg orders. Accordingly, IEX 
proposes to amend IEX Rule 11.190(b)(10) and 11.190(b)(8) to allow 
Users to submit D-Peg and P-Peg orders with an instruction that the 
System \17\ apply either the QII or the CQI, when determining whether 
to restrict the orders' exercise of price discretion.
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    \15\ See IEX Rule 1.160(gg).
    \16\ Pursuant to IEX Rule 1.160(qq), a User means any Member or 
Sponsored Participant who is authorized to obtain access to the 
System pursuant to IEX Rule 11.130. Member is defined in IEX Rule 
1.160(s), and Sponsored Participant is defined in IEX Rule 
1.160(ll).
    \17\ See IEX Rule 1.160(nn).
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    Additionally, IEX proposes to make several conforming edits to IEX 
Rule 11.190(g), which is currently titled ``Quote Stability.'' Because 
the proposed QII would assess quote imbalances, and not quote 
instability, IEX proposes to rename IEX Rule 11.190(g) with the title 
``Quote Dynamics'' to reflect that it contains two different indicators 
of the state of quoting in any particular security.
Background
    IEX currently uses one proprietary mathematical calculation, the 
``CQI'', to make quote instability determinations for all D-Peg, P-Peg, 
C-Peg,\18\ and D-Limit \19\ orders. The Exchange has made incremental 
changes to optimize and enhance the effectiveness of the CQI in 
determining whether a crumbling quote exists several times since 
Exchange launch.\20\ In 2022, the Exchange introduced the current 
iteration of the CQI \21\ and until recently offered Users the option 
of applying either the current or a prior iteration of the CQI to their 
D-Peg, P-Peg, and C-Peg orders.\22\ In 2025, IEX retired the prior 
iteration of the CQI based upon the similarity between the two CQIs, as 
well as the higher usage and incrementally better performance of the 
current CQI.\23\ The current CQI is comprised of nine separate rules 
(``quote instability rules'')--each with specific conditions based on 
either the price, size, or price and size of the Protected Quotations 
\24\ of eleven exchanges (the ``Signal Exchanges'').\25\ Each of the 
nine quote instability rules can trigger a quote instability 
determination for either the Protected NBB or Protected NBO of a 
particular security.\26\
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    \18\ See IEX Rule 11.190(b)(16).
    \19\ See IEX Rule 11.190(b)(7).
    \20\ See Securities Exchange Act Release 78510 (August 9, 2016), 
81 FR 54166 (August 15, 2016) (SR-IEX-2016-11); Securities Exchange 
Act Release No. 80202 (March 10, 2017), 82 FR 14058 (March 16, 2017) 
(SR-IEX-2017-06); and Securities Exchange Act Release No. 83048 
(April 13, 2018), 83 FR 17467 (April 19, 2018) (SR-IEX-2018-07).
    \21\ See Securities Exchange Act Release No. 96014 (October 11, 
2022), 87 FR 62903 (October 17, 2022) (``CQI Proposal''); Securities 
Exchange Act Release No. 96416 (December 1, 2022), 87 FR 75099 
(December 7, 2022) (``CQI Approval Order'') (SR-IEX-2022-06).
    \22\ See Securities Exchange Act Release No. 102556 (March 10, 
2025), 90 FR 12195 (March 14, 2025) (SR-IEX-2025-04) (``Prior CQI 
Retirement Filing'').
    \23\ See Prior CQI Retirement Filing, supra note 22.
    \24\ See IEX Rule 1.160(bb).
    \25\ The Signal Exchanges are ARCX; BATY; BATS; EDGA; EDGX; 
EPRL; MEMX; XBOS; XNGS; XNYS; and XPHL. See IEX Rule 11.190(g).
    \26\ Quote instability rules must also be ``active'' to trigger 
a quote instability determination; the rules become active or 
inactive based upon a dynamic performance review designed to 
optimize the frequency and accuracy of each rule. See IEX Rule 
11.190(g)(1)(D).
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    IEX periodically reviews the performance of the CQI in predicting 
whether the Protected NBB or Protected NBO is in the process of moving 
to a less aggressive price, and any potential alternative approaches 
that would help counter the costs of ``adverse selection'' that 
participants supplying liquidity incur when their orders are executed 
at less desirable prices during periods of quote instability. Based on 
that review, IEX developed the QII. Based on extensive testing, IEX 
believes that QII is rigorously sound, supported by market data 
analysis, and consistent with the Act as described below.
    The QII is designed to determine whether there is an imbalance in 
the market for a particular security, thereby indicating that the 
market for the security may be in transition. Like the CQI, the QII is 
comprised of a set of rules that can turn it ``on'' or ``off. These 
rules, when ``on,'' enable the QII to restrict discretion for D-Peg and 
P-Peg orders during periods of quote imbalance.
    Based on informal feedback from Members,\27\ IEX understands that 
different firms may prefer different levels of coverage for non-
displayed orders, i.e., how frequently a D-Peg or P-Peg order refrains 
from exercising price discretion to meet the price of an incoming order 
in response to either quote instability or a quote imbalance. In 
particular, IEX understands that certain market participants seek to 
avoid execution of orders at less optimal times to trade and thus 
deprioritize ``fill rates'' (i.e., measuring the frequency and speed 
with which orders are filled). In other words, in deploying such 
passive trading strategies, these market participants' primary goal is 
to prevent executions during potentially unstable market conditions 
even if the passive trading strategies may prevent some trading 
opportunities. IEX believes that providing a more passive alternative 
to the CQI for D-Peg and P-Peg orders would be responsive to these 
objectives. IEX thus proposes to add the QII as an alternative 
indicator, in addition to the CQI, that Users may apply to D-Peg and P-
Peg orders.
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    \27\ See IEX Rule 1.160(s).
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    The Exchange is not proposing to make any changes to the use of C-
Peg or D-Limit orders, both of which will continue to use only the CQI.
Proposal
    The Exchange proposes to introduce a new proprietary mathematical 
calculation, the Quote Imbalance Indicator or QII, to make quote 
imbalance determinations for each security during Regular Market Hours 
(independently assessing whether the Protected NBB and Protected NBO 
are imbalanced). As explained below, the QII would turn ``on'' during 
periods when the QII identifies a quote imbalance for either the 
Protected NBB, the Protected NBO, or the Protected NBBO on a security-
by-security basis; and would remain ``on'' until it identifies that a 
security's quote is no longer imbalanced. As described below, the QII 
is expected, on average, to be ``on'' for approximately 400 
milliseconds each time in turns on, compared to two milliseconds for 
the CQI. Since the QII remains ``on'' for the duration of a quote 
imbalance, its duration per instance is longer than the CQI. As a 
result, the QII is expected to be ``on'' for, on average, two and one 
half hours of each trading day on either the bid or offer side.\28\ 
Therefore, by design, the QII would restrict D-Peg and P-Peg orders 
from exercising discretion for a larger period of the trading day, 
which will be understood by the Users who submit D-Peg and P-Peg orders 
with a designation to apply the QII, because, as detailed below, 
applying the QII to a D-Peg or P-Peg order allows a User to seek 
executions in more stable market conditions, in exchange for not being 
eligible to exercise discretion to trade for as much of the day. When a 
User submits a D-Peg or P-Peg order to IEX, the User would be able to 
designate whether to apply the QII or CQI to the order.\29\
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    \28\ As noted above, the QII can turn ``on'' for either the bid 
side, the offer side, or both sides. IEX expects the QII to be 
``on'' for both sides for approximately 27 minutes per day.
    \29\ As noted, supra, in note 14, IEX is not proposing to allow 
Users to submit C-Peg orders with an instruction to apply the QII 
because C-Peg orders, by definition, are designed for a specific use 
case of assisting Users with compliance with specified aspects of 
the Rule 10b-18 safe harbor for stock buybacks. See Securities 
Exchange Act Release 87019 (September 19, 2019), 84 FR 50485 
(September 25, 2019) (SR-IEX-2019-10) (Notice of Filing and 
Immediate Effectiveness of C-Peg order type).
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    As proposed, the QII will be comprised of three quote imbalance 
rules, any of which can turn the QII

[[Page 27705]]

``on'' (i.e., the QII will be ``off'' only when none of the three quote 
imbalance rules' conditions are satisfied for a particular security). 
Like the CQI, the QII will be a fixed formula specified transparently 
in IEX's rules.
    As described in detail below, the three quote imbalance rules 
independently assess: (1) whether the ``Book Skew'' \30\ of a 
particular security exceeds a predefined threshold value set forth in 
the rule; (2) whether there is an ``Order Flow Imbalance'' \31\ for a 
particular security in excess of a predefined threshold value set forth 
in the rule; and (3) whether there is a sufficient amount of displayed 
interest in a particular security.\32\
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    \30\ ``Book Skew'' is the ratio of the difference between the 
volume of shares that comprise the Protected NBB and the Protected 
NBO. See proposed Rule 11.190(g)(2)(B)(i).
    \31\ ``Order Flow Imbalance'' measures the difference between 
the volume of buy orders and sell orders at the Protected NBB and 
the Protected NBO. See proposed Rule 11.190(g)(2)(B)(ii).
    \32\ See proposed Rule 11.190(g)(2)(B)(iii).
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    As noted above, the QII is based upon the CQI. Specifically, the 
QII utilizes several of the same variables as the CQI, i.e., ``Signal 
Best Bid'', ``Signal Best Offer'', ``Aggregate Best Bid Size'', 
``Aggregate Best Offer Size'', ``Previous Aggregate Best Bid Size'', 
``Previous Aggregate Best Offer Size'', ``Previous Signal Best Bid'', 
``Previous Signal Best Offer'', ``Signal Spread'', and ``Update''.\33\ 
Thus, much of the functionality of the proposed quote instability rules 
discussed below has already been considered and approved by the 
Commission, and which has been refined by IEX several times since 
Exchange launch. As explained below, the QII takes these common 
variables, and the common approach of applying real-time market data to 
a set of rules that can turn the indicator ``on'' or ``off'' and 
employs them in an alternative, more passive, indicator.
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    \33\ See proposed Rule 11.190(g)(2)(A)(i) (stating that these 
terms have the same meanings set forth in IEX Rule 11.190(g)(1)(B)).
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    The QII also introduces several new variables, which are derived 
from the same data used by the CQI. These variables are:

    <bullet> ``Signal Bid Delta'', which is determined based on the 
relationship between the Signal Best Bid and the Previous Signal 
Best Bid. Specifically: (i) if the Signal Best Bid is greater than 
the Previous Signal Best Bid, then the Signal Bid Delta is equal to 
the Aggregate Best Bid Size; (ii) if the Signal Best Bid is less 
than the Previous Signal Best Bid, then the Signal Bid Delta is 
equal to the Previous Aggregate Best Bid Size times negative one (1) 
(i.e., the negative value of the Previous Aggregate Best Bid Size); 
or (iii) if the Signal Best Bid is equal to the Previous Signal Best 
Bid, then the Signal Bid Delta is equal to the Aggregate Best Bid 
Size minus the Previous Aggregate Best Bid Size.
    <bullet> ``Signal Offer Delta'', which is determined based on 
the relationship between the Signal Best Offer and the Previous 
Signal Best Offer. Specifically: (i) if the Signal Best Offer is 
less than the Previous Signal Best Offer, then the Signal Offer 
Delta is equal to the Aggregate Best Offer Size; (ii) if the Signal 
Best Offer is greater than the Previous Signal Best Offer, then the 
Signal Offer Delta is equal to the Previous Aggregate Best Offer 
Size times negative one (1) (i.e., the negative value of the 
Previous Aggregate Best Offer Size); or (iii) if the Signal Best 
Offer is equal to the Previous Signal Best Offer, then the Signal 
Offer Delta is equal to the Aggregate Best Offer Size minus the 
Previous Aggregate Best Offer Size.
    <bullet> ``Lookback Window'' \34\ is equal to: (i) the preceding 
10 milliseconds if the Signal Spread is less than or equal to one 
cent ($0.01); or (ii) the preceding 100 milliseconds if the Signal 
Spread is greater than one cent ($0.01).
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    \34\ The CQI also employs lookback windows, such as the 
``Lookback Average Signal Spread Bin Value'', which averages the 
Signal Spread Bin Value over the past twenty Updates. See IEX Rule 
11.190(g)(1)(B)(xvi).
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    <bullet> ``Bid Imbalance'' is equal to the Signal Offer Delta 
minus the Signal Bid Delta. Bid Imbalance is measured each time 
there is an Update to the Quote during the Lookback Window.
    <bullet> ``Signal Bid Delta Imbalance'' is equal to the sum of 
the Bid Imbalance values calculated during the Lookback Window 
(considering only up to a maximum of the most recent 128 Updates 
during the Lookback Window).
    <bullet> ``Offer Imbalance'' is equal to the Signal Bid Delta 
minus the Signal Offer Delta. Offer Imbalance is measured each time 
there is an Update to the Quote during the Lookback Window.
    <bullet> ``Signal Offer Delta Imbalance'' is equal to the sum of 
the Offer Imbalance values calculated during the Lookback Window 
(considering only up to a maximum of the most recent 128 Updates 
during the Lookback Window).
    <bullet> ``Delta Imbalance Threshold'' is equal to twenty (20) 
times round lot multiples if the Signal Spread is less than or equal 
to one cent ($0.01) or is equal to zero (0) if the Signal Spread is 
greater than one cent ($0.01).
    <bullet> ``Bid Book Skew'' is equal to the logarithm of the 
Aggregate Best Offer Size minus the logarithm of the Aggregate Best 
Bid Size.
    <bullet> ``Offer Book Skew'' is equal to the logarithm of the 
Aggregate Best Bid Size minus the logarithm of the Aggregate Best 
Offer Size.
    <bullet> ``Book Skew Imbalance Threshold'' is equal to 0.4 if 
the Signal Spread is less than or equal to one cent ($0.01) or is 
equal to 0.7 if the Signal Spread is greater than one cent ($0.01).

    Like the CQI, the QII would apply the variables specified above to 
the three quote imbalance rules, each of which can turn ``on'' the QII 
for a particular security for either the bid side, offer side, or both 
the bid and offer side. Typically, the QII would only turn ``on'' for 
one side of a security (the imbalanced side of the market) but there 
are circumstances when the QII will be ``on'' for both the bid and 
offer sides. Specifically, the QII will be on for both sides of a 
security either when there is very minimal volume of displayed interest 
in the security at the Protected NBB and Protected NBO, or when the 
Book Skew Rule and Order Flow Imbalance Rule each indicate an imbalance 
for opposite sides of the security.

    <bullet> Book Skew Rule: Rule Bid (Offer) BS indicates a period 
of quote imbalance if the Bid (Offer) Book Skew is greater than the 
Book Skew Imbalance Threshold.\35\
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    \35\ See proposed Rule 11.190(g)(2)(B)(i).
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    <bullet> Order Flow Imbalance Rule: Rule Bid (Offer) OFI 
indicates a period of quote imbalance if the Signal Bid (Offer) 
Delta Imbalance is greater than the Delta Imbalance Threshold.\36\
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    \36\ See proposed Rule 11.190(g)(2)(B)(ii).
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    <bullet> Minimum Size Rule: Rule Bid (Offer) MS indicates a 
period of quote imbalance if the product of the Signal Best Bid 
(Offer) and the Aggregate Best Bid (Offer) Size is less than one 
thousand dollars ($1,000).\37\
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    \37\ See proposed Rule 11.190(g)(2)(B)(iii).

    On a security-by-security basis, if the specified conditions of any 
of the quote imbalance rules are met, then the System will turn ``on'' 
the QII for that security.
    One difference between the CQI and the QII is that the QII uses 
different values for three variables when making quote imbalance 
determinations for securities with spreads of $0.01 or less (``narrow 
spread symbols'') than it does for all other symbols. Specifically, the 
QII's Lookback Window, which is used by the Order Flow Imbalance rules, 
is limited to 10 milliseconds for narrow spread symbols and 100 
milliseconds for all other symbols.\38\ Additionally, as proposed, the 
Book Skew Imbalance Threshold will be .4 for narrow spread symbols and 
.7 for all other symbols, and the Delta Imbalance Threshold will be 20 
times the round lot size for narrow spread symbols and zero for wider 
spread symbols.\39\
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    \38\ As noted above, if there are more 128 Updates to the Quote 
during the Lookback Window, the QII will only consider the most 
recent 128 Updates. See proposed Rule 11.190(g)(2)(A)(vi) and 
(viii).
    \39\ See proposed Rule 11.190(g)(2)(A)(xii) and (ix).
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    IEX selected different variables for narrow spread symbols versus 
all other symbols based upon extensive back-testing applying different 
parameters to historical market data. Based upon this extensive 
testing, the values resulting in the best model performance were

[[Page 27706]]

chosen for the Book Skew and Order Flow Imbalance Thresholds and the 
Lookback Window.
    For both D-Peg and P-Peg orders, when the QII determines that the 
bid and/or offer for a particular security is imbalanced (i.e., the QII 
is ``on''), any D-Peg or P-Peg orders on the imbalanced side of the 
market would not exercise price discretion to meet the limit price of 
an active (i.e., taking) order, and remain pegged to a price that is 
the less aggressive of either (i) one (1) minimum price variant 
(``MPV'') \40\ less aggressive than the primary quote (i.e., one MPV 
below (above) the Protected NBB (NBO) for buy (sell) orders); or (ii) 
the order's limit price (if any).\41\ Like it does with the CQI, the 
System will continually evaluate whether the QII should be ``on'' for 
any symbol. When the conditions for all three of the QII rules are no 
longer met, the QII will turn ``off'' (unless and until the System 
again determines that the quote is imbalanced).\42\
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    \40\ See Rule 11.210.
    \41\ See IEX Rule 11.190(b)(8) and (10).
    \42\ In this regard, the QII differs from the CQI which 
automatically turns off after two milliseconds (unless it made 
another quote instability determination before turning off). By 
design the QII remains on during times when it identifies that the 
quote is imbalanced.
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    IEX assesses the efficacy of the CQI by measuring its ``coverage'', 
which is the percentage of all ``adverse'' Protected NBBO changes per 
symbol (i.e., lower for bids, higher for offers) that were predicted by 
the CQI. Using market data from January 2, 2025, to March 21, 2025, IEX 
calculated that the CQI's coverage was 47%, meaning it predicted (and 
therefore blocked discretion) with respect to almost half of all 
adverse price changes. Using the same market data used to assess the 
CQI's coverage, IEX calculated that the QII's coverage would have been 
approximately 58%, meaning the QII would have approximately 25% more 
coverage than the CQI.
    Because the QII is designed to maximize the amount of trading 
volume taking place in stable market conditions, even at the expense of 
fill rates, IEX believes that markouts \43\ are another relevant metric 
for QII's efficacy. Thus, IEX further assessed the efficacy of the QII 
by determining the percentage of D-Peg and P-Peg orders that would not 
exercise discretion because the QII was ``on'' and applied to those 
orders, as compared to the percentage that would exercise discretion if 
the QII was ``off'' and applied to those orders, and then analyzing 
markout data to determine whether the orders using the QII showed 
performance improvement. This analysis shows that the QII would have 
restricted additional D-Peg and P-Peg volume from trading, but in 
return, markouts of the orders that exercise discretion would have 
improved by 7.9% of spread and 11.2% of spread, respectively, as 
measured at one second.\44\ The following graphs demonstrate the 
consistency of the QII's performance improvement across various time 
horizons:
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    \43\ Markouts are a standard metric used by market participants 
to assess execution quality. For purposes of this filing, 
``markouts'' refer to a comparison of the midpoint price at the time 
of execution as compared to the midpoint price a certain amount of 
time following the execution. A smaller markout as measured at a 
certain time is indicative of a higher quality execution.
    \44\ The analysis was also conducted using market data from 
January 2, 2025, to March 21, 2025.
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BILLING CODE 8011-01-P

[[Page 27707]]

[GRAPHIC] [TIFF OMITTED] TN27JN25.000

BILLING CODE 8011-01-C
    As depicted in the above two graphs, D-Peg and P-Peg orders that do 
not exercise discretion when the quote is imbalanced (i.e., the QII is 
``on'') have materially better markouts, which demonstrates that there 
is less market movement occurring after the trade, consistent with the 
QII's design to avoid trading in unstable market conditions (i.e., 
during a quote imbalance).
    As described above, the QII will remain ``on'' until the conditions 
establishing a period of quote imbalance are no longer present. Based 
on a notional value weighted average across all symbols, the QII is 
expected to be ``on'' for approximately 2.5 hours during Regular Market 
Hours, turning ``on'' for an average of 396.6 milliseconds each time. 
Thus, the QII will be ``on'' for more of the day than the CQI. However, 
as discussed above, the QII is not designed to maximize fill rates, but 
rather to support passive trading strategies that seek to trade during 
the most stable market conditions. Thus, Users that choose to designate 
any of their D-Peg or P-Peg orders with the QII will do so expecting a 
lower execution rate than if they had designated the orders with the 
CQI, but also expecting more stable market executions.
    Additionally, IEX notes that regardless of whether a User selects 
to use the CQI or QII, when multiple pegged orders exercise discretion 
at the same time, their relative priority is retained.\45\
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    \45\ See IEX Rule 11.190(b)(8) and (10).
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Conforming Edits
    IEX also proposes to make several conforming edits to IEX Rule 
11.190(g) to reflect the adoption of the new QII. Specifically, IEX 
proposes to:

    <bullet> Rename IEX Rule 11.190(g) from ``Quote Stability'' to 
``Quote Dynamics'' to reflect that IEX will now have two distinct 
indicators, as opposed to one (or more) crumbling quote indicators.
    <bullet> Revise the first sentence of the first paragraph of IEX 
Rule 11.190(g) to read: ``The Exchange utilizes real time relative 
quoting activity of Protected Quotations from eleven

[[Page 27708]]

exchanges (ARCX, BATY, BATS, EDGA, EDGX, EPRL, MEMX, XBOS, XNGS, 
XNYS, XPHL) referred to as ``Signal Exchanges'' to: (i) make quote 
instability determinations, as set forth in subparagraph (1) of Rule 
11.190(g); or (ii) make quote imbalance determinations, as set forth 
in subparagraph (2) of IEX Rule 11.190(g).'' Thereby deleting the 
remainder of the current paragraph.
    <bullet> Rename IEX Rule 11.190(g)(1) from ``Crumbling Quote'' 
to ``Quote Instability'' to reflect that this is the only quote 
instability indicator rule.
    <bullet> Revise the first paragraph of IEX Rule 11.190(g)(1) to 
include the text removed from the first paragraph of IEX Rule 
11.190(g). The paragraph will now read:
    [cir] ``The Exchange utilizes nine proprietary mathematical 
calculations (``the Quote Instability Rules'') to assess the 
probability of an imminent change to the current Protected NBB to a 
lower price or a Protected NBO to a higher price for a particular 
security. Each Quote Instability Rule independently assesses the 
probability of an imminent change to the current Protected NBB to a 
lower price or Protected NBO to a higher price for a particular 
security. When the quoting activity meets one or more Quote 
Instability Rule's predefined criteria and that Quote Instability 
Rule's current activation value pursuant to this IEX Rule 11.190(g) 
(``Activation Value'') is greater than the Exchange's defined 
threshold (``Activation Threshold'') for that Quote Instability 
Rule, the System treats the quote as not stable (``quote 
instability'' or a ``crumbling quote''). For each Quote Instability 
Rule, the Activation Value is initialized at 0.5 at the start of the 
Regular Session and updated during regular market hours as described 
in this IEX Rule 11.190(g). During all other times, the quote is 
considered stable (``quote stability'').''
    <bullet> Revise IEX Rule 11.190(g)(1)(B)(vii) to add a period 
that is missing from the end of the definition of ``Update''.
    <bullet> Add IEX Rule 11.190(g)(2), ``Quote Imbalance'', which 
will include the changes detailed above.
    <bullet> Renumber IEX Rule 11.190(g)(2) to now be IEX Rule 
11.190(g)(3) and revise the rule to include a reference to the new 
quote imbalance functionality.
Implementation
    The Exchange will announce the implementation date of the proposed 
rule change by Trading Alert at least ten business days in advance of 
such implementation date and within 90 days of effectiveness of this 
proposed rule change.
2. Statutory Basis
    IEX believes that the proposed rule change is consistent with 
Section 6(b) \46\ of the Act in general, and furthers the objectives of 
Section 6(b)(5) of the Act,\47\ 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. Specifically, and as discussed in the Purpose section, 
the proposal would provide a new alternative quote imbalance indicator 
for D-Peg and P-Peg orders that is designed to restrict those orders 
from exercising price discretion during periods of quote imbalance. As 
discussed in the Purpose section, IEX understands that some market 
participants utilize passive trading strategies that seek to avoid 
execution of orders at less optimal times to trade and thus 
deprioritize fill rates and place more emphasis on market stability. 
The QII is responsive to that feedback and would provide an optional 
tool for executing a passive trading strategy that seeks to avoid 
trading when the market for the security in question may be in 
transition, regardless of whether the strategy may prevent some trading 
opportunities.
---------------------------------------------------------------------------

    \46\ 15 U.S.C. 78f.
    \47\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes it is consistent with the protection of 
investors and the public interest to provide the QII as an alternative 
to its current CQI. As described in the Purpose section, the QII is 
designed to support Users (both Members and Sponsored Participants) and 
other market participants using passive trading strategies by 
protecting D-Peg and P-Peg orders from potential unfavorable executions 
during periods of quote imbalance. IEX believes that the QII, in the 
aggregate and with respect to the specific changes proposed, is 
rigorously sound, supported by market data analysis, and consistent 
with the Act as described below.
    The Exchange believes that it is consistent with the Act to utilize 
a rules-based model for the QII, as it does with the CQI, to determine 
whether a quote is imbalanced. As discussed in the Purpose section, the 
Exchange believes that the proposed QII will potentially enhance the 
protection available to market participants using D-Peg and P-Peg 
orders that elect to use the QII, thereby removing impediments to a 
free and open market.
    The Exchange also believes that it is consistent with the Act to 
apply different threshold variables to the Book Skew and Order Flow 
Imbalance instability rules based upon whether the symbols have a one 
cent spread, or a wider-than-one cent spread. As described in the 
Purpose section, the different variables applied for narrower spread 
stocks are designed to better assess the instability of a quote based 
upon extensive back-testing and parameter tuning using historical 
market data. IEX believes that these transparent criteria for the 
different calculations conducted based upon the symbols' spread will 
improve the QII's performance, to the benefit of all market 
participants seeking a new means of employing a more passive, 
stability-focused trading strategy.
    The Exchange further believes that the proposed rule change may 
result in more and larger sized D-Peg and P-Peg orders being entered on 
IEX as a result of the ability to select the QII as an alternative to 
the CQI which, as discussed above, is designed to support Users and 
other market participants using passive trading strategies. To the 
extent more orders are entered, the increased liquidity would benefit 
all IEX Users and their customers.
    Regardless of whether a User selects to use the CQI or QII, when 
multiple pegged orders exercise discretion at the same time, their 
relative priority is retained.\48\ Thus, the Exchange notes that the 
proposed rule change does not raise any new or novel issues in this 
regard.
---------------------------------------------------------------------------

    \48\ See IEX Rule 11.190(b)(8) and (10).
---------------------------------------------------------------------------

    Furthermore, the Exchange notes that all Users are eligible to use 
D-Peg and P-Peg orders, and therefore all Users are eligible to benefit 
from these order types' protections, and will also benefit if use of 
the QII brings more liquidity to the Exchange. In addition, IEX 
believes that the QII is consistent with findings in the Commission's 
delegated approval of IEX's rule filing to adopt the current iteration 
of the CQI. Specifically, the QII will activate without further action 
from the User, and thus all Users will benefit equally regardless of 
their technological capabilities and ability to take action within a 
short prescribed period.\49\ Additionally, only non-displayed order 
types would be able to utilize the QII and thus it would not affect 
displayed liquidity.\50\ Accordingly, IEX believes that the proposal 
promotes just and equitable principles of trade, removes impediments to 
and perfects the mechanism of a free and open market and a national 
market, and, in general, protects investors and the public interest.
---------------------------------------------------------------------------

    \49\ See CQI Approval Order, supra note 21 at 75102.
    \50\ Id.
---------------------------------------------------------------------------

    Further, the Exchange believes that the proposed conforming changes 
described in the Purpose section are consistent with the Act because 
the changes would promote clarity in IEX's rules.
    Finally, the Exchange notes that, as proposed, the QII, like the 
CQI will be

[[Page 27709]]

a fixed formula specified transparently in IEX's rules. The Exchange is 
not proposing to change the functionality of any of its order types, 
but rather seeks to provide the QII as an alternative for D-Peg and P-
Peg orders.

B. Self-Regulatory Organization's Statement on Burden on Competition

    IEX does not believe that the proposed rule change will result in 
any burden on competition that is not necessary or appropriate in 
furtherance of the purposes of the Act. To the contrary, as discussed 
in the Statutory Basis section, the proposal is designed to enhance 
competition by incentivizing additional liquidity.
    With regard to intra-market competition, the proposed QII would 
apply equally to all Users on a fair, impartial and nondiscriminatory 
basis without imposing any new burdens on the Users because D-Peg and 
P-Peg are optional order types, and the QII (as proposed) would be one 
of two choices of indicators that Users may apply to their D-Peg and P-
Peg orders. The Commission has already approved the CQI.\51\ As 
discussed in the Purpose and Statutory Basis sections, the proposed 
rule change is designed to provide the QII as an alternative indicator 
for D-Peg and P-Peg orders, which is a variation of the SEC approved 
quote instability calculation, as an optional indicator for D-Peg and 
P-Peg orders; therefore, no new burdens are being proposed.
---------------------------------------------------------------------------

    \51\ See supra note 21.
---------------------------------------------------------------------------

    With regard to inter-market competition, other exchanges are free 
to adopt similar quote imbalance calculations subject to the SEC rule 
filing process. In this regard, the Exchange notes that NYSE American 
LLC until recently had a ``discretionary pegged order type'', see 
former NYSE American LLC Rule 7.31E(h)(3)(D), which copied an earlier 
iteration of the Exchange's quote instability calculation.\52\
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    \52\ See Securities Exchange Act Release 99827 (March 21, 2024), 
89 FR 21302 (March 27, 2024) (SR-NYSEAMER-2024-21) (modifying NYSE 
American's discretionary pegged order type to remove its quote 
instability calculation).
---------------------------------------------------------------------------

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

    Written comments were neither solicited nor received.

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

    The Exchange has filed the proposed rule change pursuant to Section 
19(b)(3)(A) of the Act \53\ and Rule 19b-4(f)(6) \54\ thereunder. 
Because the foregoing proposed rule change does not: (i) significantly 
affect the protection of investors or the public interest; (ii) impose 
any significant burden on competition; and (iii) become operative for 
30 days from the date on which it was filed, or such shorter time as 
the Commission may designate, it has become effective pursuant to 
Section 19(b)(3)(A) of the Act \55\ and Rule 19b-4(f)(6) \56\ 
thereunder.
---------------------------------------------------------------------------

    \53\ 15 U.S.C. 78(b)(3)(A).
    \54\ 17 CFR 240.19b-4(f)(6).
    \55\ 15 U.S.C. 78s(b)(3)(A).
    \56\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) 
requires the Exchange to give the Commission written notice of the 
Exchange's intent to file the proposed rule change, along with a 
brief description and text of the proposed rule change, at least 
five business days prior to the date of filing of the proposed rule 
change, or such shorter time as designated by the Commission. The 
Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    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 will institute proceedings to 
determine whether the proposed rule change 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

    <bullet> Use the Commission's internet comment form (<a href="https://www.sec.gov/rules/sro.shtml">https://www.sec.gov/rules/sro.shtml</a>); or
    <bullet> Send an email to <a href="/cdn-cgi/l/email-protection#aedcdbc2cb83cdc1c3c3cbc0daddeeddcbcd80c9c1d8"><span class="__cf_email__" data-cfemail="1f6d6a737a327c7072727a716b6c5f6c7a7c31787069">[email&#160;protected]</span></a>. Please include 
file number SR-IEX-2025-11 on the subject line.

Paper Comments

    <bullet> 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-IEX-2025-11. 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 (<a href="https://www.sec.gov/rules/sro.shtml">https://www.sec.gov/rules/sro.shtml</a>). 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 submitted 
material that is obscene or subject to copyright protection. All 
submissions should refer to file number SR-IEX-2025-11 and should be 
submitted on or before July 18, 2025.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\57\
---------------------------------------------------------------------------

    \57\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2025-11887 Filed 6-26-25; 8:45 am]
BILLING CODE 8011-01-P


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Indexed from Federal Register on June 27, 2025.

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