83 FR 15653 - Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to the Delay of Complex Order Quoting Functionality
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 83, Issue 70 (April 11, 2018)
Federal Register Volume 83, Issue 70 (April 11, 2018)
| Page Range | 15653-15655 | |
| FR Document | 2018-07407 |
[Federal Register Volume 83, Number 70 (Wednesday, April 11, 2018)] [Notices] [Pages 15653-15655] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-07407] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-83001; File No. SR-ISE-2018-29] Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to the Delay of Complex Order Quoting Functionality April 5, 2018. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that on March 28, 2018, Nasdaq ISE, LLC (``ISE'' or ``Exchange'') filed with the Securities and Exchange Commission (``Commission'') the proposed rule change as described in Items I and II, below, which Items have been prepared by the Exchange. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78s(b)(1). \2\ 17 CFR 240.19b-4. --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to extend the delay for re-introduction of functionality which permits Market Makers to enter quotes in certain symbols for complex strategies on the complex order book in their appointed options classes by an additional one year. The text of the proposed rule change is available on the Exchange's website at http://ise.cchwallstreet.com/, at the principal office of the Exchange, and at the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The purpose of the proposed rule change is to extend the delay for re-introduction of functionality which permits Market Makers to enter quotes in certain symbols for complex strategies on the complex order book in their appointed options classes by an additional one year. The Exchange filed a rule change to designate that a symbol would not be eligible for Market Maker quotes in the complex order book after the symbol migrated to the INET \3\ platform (``May 2017 Rule Change'').\4\ In conjunction with the May 2017 Rule Change, the Exchange issued an Options Trader Alert notifying Members that complex order quoting functionality would no longer be available.\5\ The rule change provided that within a year from the date of filing the May 2017 Rule Change, the Exchange would offer complex quoting functionality on the ISE INET platform.\6\ --------------------------------------------------------------------------- \3\ INET is the proprietary core technology utilized across Nasdaq's global markets and utilized on The Nasdaq Options Market LLC (``NOM''), Nasdaq PHLX LLC (``Phlx'') and Nasdaq BX, Inc. (``BX'') (collectively, ``Nasdaq Exchanges''). The migration of ISE to the Nasdaq INET architecture has resulted in higher performance, scalability, and more robust architecture. \4\ See Securities Exchange Act Release No. 80613 (May 5, 2017), 82 FR 22022 (May 11, 2017) (SR-ISE-2017-37). \5\ Even though the complex quoting functionality would not be available, Market Makers would still be able to submit complex orders. \6\ See note 4 above. --------------------------------------------------------------------------- By way of background, prior to the delay in re-introducing the quoting functionality, ISE's rules permitted Market Makers to enter quotes in certain symbols for complex strategies on the complex order book in their appointed options classes. Market Maker quotes for complex strategies were not automatically executed against bids and offers on the Exchange for the individual legs nor marked for price improvement.\7\ Market Makers were not required to enter quotes on ISE's complex order book. Quotes for complex orders were not subject to any quotation requirements that are applicable to Market Maker quotes in the regular market for individual options series or classes, nor was any volume executed in complex orders taken into consideration when determining whether Market Makers met quotation obligations applicable to Market Maker quotes in the regular market for individual options series. --------------------------------------------------------------------------- \7\ See Supplementary Material .03 to Rule 722. --------------------------------------------------------------------------- [[Page 15654]] When the Exchange initially delayed this functionality which permitted Market Makers to enter quotes in certain symbols for complex strategies on the complex order book in their appointed options classes, the Exchange noted that it would re-introduce the functionality within one year from the date of that filing. The Exchange filed the initial rule change on April 26, 2017, with a one year delay, and the additional one year delay would extend the implementation timeframe for this functionality to April 26, 2019. The extended delay would provide the Exchange additional time to develop and test this functionality on INET. The Exchange will issue an Options Trader Alert notifying Members when this functionality would be available. Furthermore, in connection with this change, the Exchange also proposes to amend Supplementary Material .03 to Rule 722 to remove language about the migration of symbols to INET as this migration has been completed and all symbols listed by the Exchange are currently trading on the INET platform. The Exchange is also proposing to amend a typographical error to correct a misspelled word in the current Rule text at Supplementary Material .03 to Rule 722. 2. Statutory Basis The Exchange believes that its proposal is consistent with Section 6(b) of the Act,\8\ in general, and furthers the objectives of Section 6(b)(5) of the Act,\9\ in particular, in that it is designed to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general to protect investors and the public interest because the Exchange desires to rollout the complex order quoting functionality at a later date to allow additional time to rebuild this technology on the new platform. Although the Exchange is now fully operating on the Nasdaq INET platform, additional time is necessary to re-implement this functionality. --------------------------------------------------------------------------- \8\ 15 U.S.C. 78f(b). \9\ 15 U.S.C. 78f(b)(5). --------------------------------------------------------------------------- Delaying the reintroduction of the quoting functionality will provide additional time to test and implement this functionality. Today, symbols trade in price/time. Within a year from the date of filing this rule change, the Exchange will offer complex quoting functionality. Thereafter, the Exchange may offer the complex quoting for specified symbols from time to time with notice to members. At the time the Exchange designates a symbol as available for complex quoting, it would also designate the allocation methodology for that symbol pursuant to ISE Rule 722(b)(3)(i). Even though the complex quoting functionality will not be available, Market Makers will still be able to submit complex orders. The Exchange has not experienced any significant impact with respect to execution quality. The Exchange notes that Phlx does not offer complex order quoting functionality.\10\ --------------------------------------------------------------------------- \10\ See Phlx Rule 1098. --------------------------------------------------------------------------- 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 Exchange does not believe that the proposed rule change will impact the intense competition that exists in the options market. The Exchange does not believe that the proposed delay will impose any significant burden on inter-market competition as it does not impact the ability of other markets to offer or not offer competing functionality. Members will be able to continue to submit complex orders on ISE. The Exchange does not believe that the proposed rule change will impose any burden on intra-market competition because all members uniformly will not be able to submit Market Maker quotes in the complex order book. Within a year from the date of filing this rule change, the Exchange will offer complex quoting functionality. Thereafter, the Exchange may offer complex quoting for specified symbols from time to time with notice to members. At the time the Exchange designates a symbol as available for complex quoting, it will also designate the allocation methodology for that symbol pursuant to ISE Rule 722(b)(3)(i). 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 \11\ and subparagraph (f)(6) of Rule 19b-4 thereunder.\12\ --------------------------------------------------------------------------- \11\ 15 U.S.C. 78s(b)(3)(A)(iii). \12\ 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. --------------------------------------------------------------------------- A proposed rule change filed under Rule 19b-4(f)(6) normally does not become operative for 30 days after the date of the filing. However, Rule 19b-4(f)(6)(iii) \13\ permits the Commission to designate a shorter time if such action is consistent with the protection of investors and the public interest. In its filing, ISE requests that the Commission waive the 30-day operative delay to allow the proposed one- year extension of the time for re-introducing the complex quoting functionality to begin at the conclusion of the current delay period, which is scheduled to end on April 26, 2018. As noted above, ISE states that extending the delay for re-introducing the complex quoting functionality will provide ISE with additional time to develop and test this functionality. ISE further states that it has not experienced any significant impact with respect to execution quality due to the delayed implementation of the complex quoting functionality. The Commission believes that waiving the operative delay is consistent with the protection of investors and the public interest because it will provide ISE with additional time to develop and test the complex quoting functionality. Accordingly, the Commission waives the 30-day operative delay and designates the proposed rule change operative upon filing.\14\ --------------------------------------------------------------------------- \13\ 17 CFR 240.19b-4(f)(6)(iii). \14\ For purposes only of waiving the 30-day operative delay, the Commission has also considered the proposed rule's impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f). --------------------------------------------------------------------------- At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is: (i) Necessary or appropriate in the public interest; (ii) for the protection of investors; or (iii) otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission shall institute proceedings to determine whether the proposed rule should be approved or disapproved. [[Page 15655]] 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 CommentsUse the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or Send an email to [email protected]. Please include File Number SR-ISE-2018-29 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-ISE-2018-29. 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 (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for website viewing and printing in the Commission's Public Reference Room, 100 F Street NE, Washington, DC 20549, on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change. Persons submitting comments are cautioned that we do not redact or edit personal identifying information from comment submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-ISE-2018-29, and should be submitted on or before May 2, 2018. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\15\ --------------------------------------------------------------------------- \15\ 17 CFR 200.30-3(a)(12) and (59). --------------------------------------------------------------------------- Eduardo A. Aleman, Assistant Secretary. [FR Doc. 2018-07407 Filed 4-10-18; 8:45 am] BILLING CODE 8011-01-P
![Federal Register / Vol. 83, No. 70 / Wednesday, April 11, 2018 / Notices 15653
applicable), received in connection with SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s
a Co-Investment Transaction will be COMMISSION Statement of the Purpose of, and
distributed to the participating Statutory Basis for, the Proposed Rule
Regulated Funds and Affiliated Funds [Release No. 34–83001; File No. SR–ISE– Change
on a pro rata basis based on the amounts 2018–29] 1. Purpose
they invested or committed, as the case
may be, in such Co-Investment Self-Regulatory Organizations; Nasdaq The purpose of the proposed rule
Transaction. If any transaction fee is to ISE, LLC; Notice of Filing and change is to extend the delay for re-
be held by an Adviser pending Immediate Effectiveness of Proposed introduction of functionality which
consummation of the transaction, the Rule Change Relating to the Delay of permits Market Makers to enter quotes
in certain symbols for complex
fee will be deposited into an account Complex Order Quoting Functionality
strategies on the complex order book in
maintained by such Adviser at a bank or
April 5, 2018. their appointed options classes by an
banks having the qualifications additional one year. The Exchange filed
prescribed in section 26(a)(1) of the Act, Pursuant to Section 19(b)(1) of the a rule change to designate that a symbol
and the account will earn a competitive Securities Exchange Act of 1934 would not be eligible for Market Maker
rate of interest that will also be divided (‘‘Act’’),1 and Rule 19b–4 thereunder,2 quotes in the complex order book after
pro rata among the participating notice is hereby given that on March 28, the symbol migrated to the INET 3
Regulated Funds and Affiliated Funds 2018, Nasdaq ISE, LLC (‘‘ISE’’ or platform (‘‘May 2017 Rule Change’’).4 In
based on the amounts they invest in ‘‘Exchange’’) filed with the Securities conjunction with the May 2017 Rule
such Co-Investment Transaction. None and Exchange Commission Change, the Exchange issued an Options
of the Affiliated Funds, the Advisers, (‘‘Commission’’) the proposed rule Trader Alert notifying Members that
the other Regulated Funds or any change as described in Items I and II, complex order quoting functionality
affiliated person of the Regulated Funds below, which Items have been prepared would no longer be available.5 The rule
or Affiliated Funds will receive by the Exchange. The Commission is change provided that within a year from
additional compensation or publishing this notice to solicit the date of filing the May 2017 Rule
remuneration of any kind as a result of comments on the proposed rule change Change, the Exchange would offer
or in connection with a Co-Investment from interested persons. complex quoting functionality on the
Transaction (other than (a) in the case ISE INET platform.6
I. Self-Regulatory Organization’s By way of background, prior to the
of the Regulated Funds and Affiliated
Statement of the Terms of Substance of delay in re-introducing the quoting
Funds, the pro rata transaction fees
the Proposed Rule Change functionality, ISE’s rules permitted
described above and fees or other
compensation described in condition Market Makers to enter quotes in certain
The Exchange proposes to extend the
2(c)(iii)(C), and (b) in the case of an symbols for complex strategies on the
delay for re-introduction of
Adviser, investment advisory fees paid complex order book in their appointed
functionality which permits Market options classes. Market Maker quotes for
in accordance with the agreement Makers to enter quotes in certain complex strategies were not
between the Adviser and the Regulated symbols for complex strategies on the automatically executed against bids and
Fund or Affiliated Fund). complex order book in their appointed offers on the Exchange for the
14. If the Holders own in the aggregate options classes by an additional one individual legs nor marked for price
more than 25% of the Shares of a year. improvement.7 Market Makers were not
Regulated Fund, then the Holders will The text of the proposed rule change required to enter quotes on ISE’s
vote such Shares as directed by an is available on the Exchange’s website at complex order book. Quotes for
independent third party when voting on http://ise.cchwallstreet.com/, at the complex orders were not subject to any
(1) the election of directors; (2) the principal office of the Exchange, and at quotation requirements that are
removal of one or more directors; or (3) the Commission’s Public Reference applicable to Market Maker quotes in
any other matter under either the Act or Room. the regular market for individual
applicable State law affecting the options series or classes, nor was any
Board’s composition, size or manner of II. Self-Regulatory Organization’s volume executed in complex orders
election. Statement of the Purpose of, and taken into consideration when
Statutory Basis for, the Proposed Rule determining whether Market Makers
15. Each Regulated Fund’s chief Change met quotation obligations applicable to
compliance officer, as defined in rule Market Maker quotes in the regular
38a-1(a)(4), will prepare an annual In its filing with the Commission, the market for individual options series.
report for its Board that evaluates (and Exchange included statements
documents the basis of that evaluation) concerning the purpose of and basis for 3 INET is the proprietary core technology utilized
the Regulated Fund’s compliance with the proposed rule change and discussed across Nasdaq’s global markets and utilized on The
Nasdaq Options Market LLC (‘‘NOM’’), Nasdaq
the terms and conditions of the any comments it received on the PHLX LLC (‘‘Phlx’’) and Nasdaq BX, Inc. (‘‘BX’’)
application and the procedures proposed rule change. The text of these (collectively, ‘‘Nasdaq Exchanges’’). The migration
established to achieve such compliance. statements may be examined at the of ISE to the Nasdaq INET architecture has resulted
places specified in Item IV below. The in higher performance, scalability, and more robust
For the Commission, by the Division of architecture.
Exchange has prepared summaries, set
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Investment Management, under delegated 4 See Securities Exchange Act Release No. 80613
authority. forth in sections A, B, and C below, of (May 5, 2017), 82 FR 22022 (May 11, 2017) (SR–
Eduardo A. Aleman, the most significant aspects of such ISE–2017–37).
5 Even though the complex quoting functionality
Assistant Secretary.
statements.
would not be available, Market Makers would still
[FR Doc. 2018–07430 Filed 4–10–18; 8:45 am] be able to submit complex orders.
1 15 U.S.C. 78s(b)(1). 6 See note 4 above.
BILLING CODE 8011–01–P 2 17 CFR 240.19b–4. 7 See Supplementary Material .03 to Rule 722.
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![Federal Register / Vol. 83, No. 70 / Wednesday, April 11, 2018 / Notices 15655
IV. Solicitation of Comments For the Commission, by the Division of concerning the purpose of and basis for
Trading and Markets, pursuant to delegated the proposed rule change and discussed
Interested persons are invited to authority.15 any comments it received on the
submit written data, views, and Eduardo A. Aleman, proposed rule change. The text of these
arguments concerning the foregoing, Assistant Secretary. statements may be examined at the
including whether the proposed rule [FR Doc. 2018–07407 Filed 4–10–18; 8:45 am] places specified in Item IV below. The
change is consistent with the Act. BILLING CODE 8011–01–P Exchange has prepared summaries, set
Comments may be submitted by any of forth in sections A, B, and C below, of
the following methods: the most significant aspects of such
SECURITIES AND EXCHANGE statements.
Electronic Comments COMMISSION
A. Self-Regulatory Organization’s
• Use the Commission’s internet [Release No. 34–83002; File No. SR–ISE– Statement of the Purpose of, and
comment form (http://www.sec.gov/ 2018–27] Statutory Basis for, the Proposed Rule
rules/sro.shtml); or Change
Self-Regulatory Organizations; Nasdaq
• Send an email to rule-comments@ ISE, LLC; Notice of Filing and 1. Purpose
sec.gov. Please include File Number SR– Immediate Effectiveness of Proposed
ISE–2018–29 on the subject line. The purpose of the proposed rule
Rule Change To Modify the Rebates
change is to amend ISE’s Schedule of
Provided to Members That Send
Paper Comments Fees to replace the current Member
Unsolicited Crossing Orders to the
Order Routing Program (‘‘MORP’’),
• Send paper comments in triplicate Exchange
which provides enhanced rebates to
to Secretary, Securities and Exchange April 5, 2018. order routing firms that select the
Commission, 100 F Street NE, Pursuant to Section 19(b)(1) of the Exchange as the default routing
Washington, DC 20549–1090. Securities Exchange Act of 1934 destination for unsolicited Crossing
All submissions should refer to File (‘‘Act’’),1 and Rule 19b–4 thereunder,2 Orders, and the Customer to Customer
Number SR–ISE–2018–29. This file notice is hereby given that on March 23, Rebate PLUS program,4 which provides
number should be included on the 2018, Nasdaq ISE, LLC (‘‘ISE’’ or an indirect incentive for Members to
subject line if email is used. To help the ‘‘Exchange’’) filed with the Securities direct unsolicited Crossing Orders to the
Commission process and review your and Exchange Commission Exchange, with a new rebate program,
(‘‘Commission’’) the proposed rule entitled the ‘‘PIM and Facilitation
comments more efficiently, please use
change as described in Items I and II Rebate’’ program. Through this new
only one method. The Commission will
below, which Items have been prepared program, the Exchange aims to provide
post all comments on the Commission’s a more accessible, direct, and effective
by the Exchange. The Commission is
internet website (http://www.sec.gov/ publishing this notice to solicit incentive to Members to direct their
rules/sro.shtml). Copies of the comments on the proposed rule change unsolicited Crossing Orders to the
submission, all subsequent from interested persons. Exchange.
amendments, all written statements
with respect to the proposed rule I. Self-Regulatory Organization’s MORP
change that are filed with the Statement of the Terms of Substance of As noted above, the MORP is a
Commission, and all written the Proposed Rule Change program that provides rebates to firms
communications relating to the The Exchange proposes to amend the that select the Exchange as their default
proposed rule change between the Exchange’s Schedule of Fees to modify routing destination for unsolicited
Commission and any person, other than the rebates it provides to Members that Crossing Orders. To be eligible to
those that may be withheld from the send unsolicited Crossing Orders 3 to participate in MORP, an Electronic
public in accordance with the the Exchange. Access Member (‘‘EAM’’) must: (1)
provisions of 5 U.S.C. 552, will be The text of the proposed rule change Designate to the Exchange, in writing,
available for website viewing and is available on the Exchange’s website at those sessions (connections to the
printing in the Commission’s Public http://ise.cchwallstreet.com/, at the Exchange over which the firm submits
principal office of the Exchange, and at orders) that meet the following MORP
Reference Room, 100 F Street NE,
the Commission’s Public Reference criteria; (2) provide systems to its clients
Washington, DC 20549, on official
Room. that enable the electronic routing of
business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the II. Self-Regulatory Organization’s option orders to all of the U.S. options
Statement of the Purpose of, and exchanges, including ISE; (3) interface
filing also will be available for
Statutory Basis for, the Proposed Rule with ISE to access the Exchange’s
inspection and copying at the principal
Change electronic options trading platform; (4)
office of the Exchange. All comments offer to its clients a customized interface
received will be posted without change. In its filing with the Commission, the and routing functionality such that ISE
Persons submitting comments are Exchange included statements will be the default destination for all
cautioned that we do not redact or edit unsolicited Crossing Orders entered by
personal identifying information from 15 17 CFR 200.30–3(a)(12) and (59).
the EAM, provided that market
1 15 U.S.C. 78s(b)(1).
comment submissions. You should 2 17 CFR 240.19b–4. conditions allow the Crossing Order to
amozie on DSK30RV082PROD with NOTICES
submit only information that you wish 3 A ‘‘Crossing Order’’ is an order executed in the be executed on ISE; (5) configure its
to make available publicly. All Exchange’s Facilitation Mechanism, Solicited Order own option order routing functionality
submissions should refer to File Mechanism, Price Improvement Mechanism such that ISE will be the default
Number SR–ISE–2018–29, and should (‘‘PIM’’) or submitted as a Qualified Contingent destination for all unsolicited Crossing
Cross (‘‘QCC’’) order. For purposes of this Fee
be submitted on or before May 2, 2018. Schedule, orders executed in the Block Order Orders, provided that market conditions
Mechanism are also considered Crossing Orders.
See Preface to ISE’s Schedule of Fees. 4 See Section IV, A of the Schedule of Fees.
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Document Created: 2018-04-10 23:59:19
Document Modified: 2018-04-10 23:59:19
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
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| Section | Notices | |
| FR Citation | 83 FR 15653 |
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