If I may, the error comes in looking at this entry as being "close to the middle of the range". However, the range that it is in the middle of is a larger, more "cosmic" range from the previous day, and that's not particularly relevant for a trading opportunity that presents itself at the beginning of the session. If all of this were taking place at a lower level, one could find a range within a range within a range, like a minnow inside a bass inside a shark inside a whale. In order to situate oneself, he must first understand what a range represents and what it's supposed to do.
The task is to find "the" range, not "a" range, i.e., the range that is most likely to influence the open, and that of course will be the range that exists before the open. Whatever range may have existed prior to that range may become important soon after the open or perhaps not until later in the day, but it's not particularly relevant at 0930.
40D may disagree with me on this, but here I see two separate ranges. One is from three nights ago. This provides its own opportunities day before yesterday. But two nights ago, before yesterday's open, that entire range shifts upward, and that becomes the pertinent range for yesterday's open. Whatever synergies the previous range and the subsequent range may seem to present may be pure coincidence, but they are what they are. Traders found value at a particular level three nights ago and value at a somewhat higher level two nights ago. The market is just barely trending, so it is not unexpected that these two ranges would relate to each other to at least some degree. In any case, the value that traders found prior to yesterday's open is not likely to be the same value as that which they found the night before, and for the daytrader, it is the former value that takes precedence.
The key decision here is not whether or not the range is drawn "correctly" but whether or not it presents the trader with a framework for making a trading decision. If the range is too wide, then the trader will likely spend most of the session sitting on his hands. But if he knows where traders have found value just prior to the open, a departure from that level at or soon after the open will provide a "tell" as to where traders are most likely to go. This is why I'm not so concerned with a box that's filled with price as I am with those levels up and down beyond which traders are not willing to go (the PDH and PDL provide their own "support" and "resistance" potentials).
There is also
this post which more specifically addresses the "40" issue.
Side note: you'll notice that 46 played an important role during the ON two nights ago and again yesterday during the NY regular session. But it also was important during last night's session and still is now.
Something to watch.