83_FR_22664 83 FR 22570 - Self-Regulatory Organizations; The Nasdaq Stock Market LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Memorialize Order and Execution Available to Participants Into Chapter VI, Section 19, Entitled Data Feeds

83 FR 22570 - Self-Regulatory Organizations; The Nasdaq Stock Market LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Memorialize Order and Execution Available to Participants Into Chapter VI, Section 19, Entitled Data Feeds

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 94 (May 15, 2018)

Page Range22570-22572
FR Document2018-10258

Federal Register, Volume 83 Issue 94 (Tuesday, May 15, 2018)
[Federal Register Volume 83, Number 94 (Tuesday, May 15, 2018)]
[Notices]
[Pages 22570-22572]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-10258]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83198; File No. SR-NASDAQ-2018-035]


Self-Regulatory Organizations; The Nasdaq Stock Market LLC; 
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change 
to Memorialize Order and Execution Available to Participants Into 
Chapter VI, Section 19, Entitled Data Feeds

May 9, 2018.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given 
that on April 27, 2018, The Nasdaq Stock Market LLC (``Nasdaq'' 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.
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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 amend the Nasdaq Options Market LLC 
(``NOM'') Rules to memorialize its order and execution information into 
Chapter VI, Section 19, entitled ``Data Feeds.''
    The text of the proposed rule change is available on the Exchange's 
website at http://nasdaq.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 the 
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 the 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to memorialize its order and execution 
information into Chapter VI, Section 19, entitled ``Data Feeds.'' The 
Exchange proposes to rename this rule ``Data Feeds and Trade 
Information.'' The Exchange proposes other grammatical corrections in 
Section 19(a) as well.
Section 19(b)
    First, the Exchange proposes to adopt a new Section 19(b) and 
memorialize the following order and execution information which was 
previously filed by the Exchange: (1) CTI; (2) TradeInfo; (3) FIX DROP; 
and (4) OTTO DROP.\3\
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    \3\ See Securities Exchange Act Release No. 65180 (August 22, 
2011), 76 FR 53521 (August 26, 2011) (SR-NASDAQ-2011-111) 
(``Information Filing'').
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    The Exchange originally noted in the Information Filing that CTI 
offers real-time clearing trade updates. The message containing the 
trade details is also simultaneously sent to the The Options Clearing 
Corporation. The trade messages are routed to a member's connection 
containing certain information. The administrative and market event 
messages include, but are not limited to: System event messages to 
communicate operational-related events; options directory messages to 
relay basic option symbol and contract information for options traded 
on the Exchange; complex strategy messages to relay information for 
those strategies traded on the Exchange; trading action messages to 
inform market participants when a specific option or strategy is halted 
or released for trading on the Exchange; and an indicator which 
distinguishes electronic and non-electronically delivered orders.
    The Exchange is proposing to more specifically describe the CTI 
offering and memorialize it within Section 19(b)(1). The description 
provides more detail as to the current functionality of CTI, which is 
not changing. The description would continue to state that CTI is a 
real-time clearing trade update message that is sent to a Participant 
after an execution has occurred and contains trade details specific to 
that Participant. The information includes, among other things, the 
following: (i) The Clearing Member Trade Agreement or ``CMTA'' or The 
Options Clearing Corporation or ``OCC'' number; (ii) Exchange badge or 
house number; (iii) the Exchange

[[Page 22571]]

internal firm identifier; (iv) an indicator which will distinguish 
electronic and non-electronically delivered orders; (v) liquidity 
indicators and transaction type for billing purposes; and (vi) 
capacity. The Exchange proposes to not add the sentence which states, 
``The message containing the trade details is also simultaneously sent 
to The Options Clearing Corporation.'' The Exchange's System sends 
clearing information to OCC for each transaction. This sentence does 
not add information that is useful or relevant and therefore the 
Exchange proposes to remove it. The Exchange notes that while the 
description is being amended, it retains more broadly the former 
descriptions. The information provided is specific to a market 
participant. The Exchange is expressing more specifically the type of 
data contained in CTI. The CTI offering is not changing. The Exchange 
is providing more details regarding the CTI offering than was 
originally filed in the Information Filing.
    The Exchange originally noted in the Information Filing that 
TradeInfo allows users to scan for their NASDAQ-listed orders submitted 
in NASDAQ. Users can then perform actions on their orders. Users can 
scan for all orders in a particular security or all orders of a 
particular type, regardless of their status (open, canceled, executed, 
etc.). For example, after scanning for open orders the user is then 
able to select an open order and is allowed to make corrections to the 
order or cancel the order. TradeInfo also allows the users to scan 
other orders, such as executed, cancelled, broken, rejected and 
suspended orders.
    The Exchange proposes to amend and memorialize TradeInfo within 
Section 19(b)(2). The Exchange proposes to note that TradeInfo is a 
user interface, as compared to a data stream, to add more detail to the 
description. While some descriptive language is being removed from the 
rules, such as permitting a subscribing member to scan other order 
statuses, such as executed, cancelled, broken, rejected and suspended 
orders, the Exchange believes that this language is covered in the 
current description in that the text indicates that all orders may be 
searched regardless of their status. The Exchange is also adding more 
information to the TradeInfo description to provide Participants 
greater transparency.
    The Exchange originally noted in the Information Filing that the 
Order Entry DROP provides real time information regarding orders sent 
to NOM and executions that occurred on NOM. The DROP interface is not a 
trading interface and does not accept order messages. The ``Order Entry 
DROP'' interface is being renamed ``FIX DROP'' for clarity as it 
relates to FIX ports.
    The Exchange proposes to amend and memorialize FIX DROP within 
Section 19(b)(3). The Exchange is expanding on the original description 
by providing more detail by stating that it is a real-time order and 
execution update message that is sent to a Participant after an order 
has been received/modified or an execution has occurred and contains 
trade details specific to that Participant. The information includes, 
among other things, the following: (1) Executions; (2) cancellations; 
(3) modifications to an existing order; and (4) busts or post-trade 
corrections.
    The Exchange originally noted in the Information Filing that OTTO 
DROP provides real-time information regarding orders entered through 
OTTO and the execution of those orders. The OTTO DROP data feed is not 
a trading interface and does not accept order messages. The Exchange is 
not amending this description rather the Exchange is memorializing the 
description within Section 19(b)(4).
    The Exchange considers it appropriate to memorialize the order and 
execution information available on NOM within a rule so that 
Participants may understand the trade information which is available on 
the Exchange as it pertains to a firm's trading information. This data 
is available to all Participants regarding that Participant's 
transactions. Pricing for these products is included in the Exchange's 
fee schedule at Chapter XV, Section 3.\4\
---------------------------------------------------------------------------

    \4\ See also SR-NASDAQ-2018-036 (not yet published) which 
proposes conforming changes to the fee schedule.
---------------------------------------------------------------------------

Section 19(a)
    The Exchange proposes minor changes to Section 19(a)(1) and (2) to 
change the language to indicate the Nasdaq ITCH to Trade Options and 
Best of Nasdaq Options each separately are data feeds and removing the 
``A'' before the description.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Securities Exchange Act of 1934 (the 
``Act''),\5\ in general, and furthers the objectives of Section 6(b)(5) 
of the Act,\6\ in particular, in that it is designed to promote just 
and equitable principles of trade, to remove impediments to and perfect 
the mechanism for a free and open market and a national market system, 
and, in general, to protect investors and the public interest, by 
providing greater transparency as to the order and execution 
information offered on Nasdaq. The Exchange notes that it described 
this information in prior rule changes.\7\ The Exchange believes that 
memorializing this information within a rule and updating the 
information will provide market participants with a list of information 
available specific to their trading on NOM. The Exchange believes that 
this proposal is consistent with the Act because it provides 
information on the content available to market participants regarding 
the trades they execute on NOM.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
    \7\ See note 3 above.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    In accordance with Section 6(b)(8) of the Act,\8\ the Exchange does 
not believe that the proposed rule change will impose any burden on 
intermarket or intra-market competition that is not necessary or 
appropriate in furtherance of the purposes of the Act. The Exchange's 
proposal does not impose an undue burden on competition, rather the 
Exchange is seeking to provide greater transparency within its rules 
with respect to the various order and execution information offered on 
NOM.
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    \8\ 15 U.S.C. 78f(b)(8).
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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 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, if consistent with the protection of 
investors and the public interest, the proposed rule change has become 
effective pursuant to Section 19(b)(3)(A) of the Act \9\ and Rule 19b-
4(f)(6) thereunder.\10\
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 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.

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[[Page 22572]]

    A proposed rule change filed under Rule 19b-4(f)(6) \9\ normally 
does not become operative for 30 days after the date of filing. 
However, pursuant to Rule 19b-4(f)(6)(iii),\10\ the Commission may 
designate a shorter time if such action is consistent with the 
protection of investors and the public interest. The Exchange has asked 
the Commission to waive the 30-day operative delay so that the proposal 
may become operative immediately upon filing. The Exchange states that 
such waiver will allow it to update its rules immediately to provide 
more information regarding the order and execution information it 
offers and further the protection of investors and the public interest 
because it will provide greater transparency as to the trade detail 
available to members. For this reason, the Commission believes that 
waiving the 30-day operative delay is consistent with the protection of 
investors and the public interest and, therefore, the Commission 
designates the proposed rule change to be operative upon filing.\11\
---------------------------------------------------------------------------

    \9\ 17 CFR 240.19b-4(f)(6).
    \10\ 17 CFR 240.19b-4(f)(6)(iii).
    \11\ 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 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 (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-NASDAQ-2018-035 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-NASDAQ-2018-035. 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-NASDAQ-2018-035 and should be submitted 
on or before June 5, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-10258 Filed 5-14-18; 8:45 am]
 BILLING CODE 8011-01-P



                                               22570                          Federal Register / Vol. 83, No. 94 / Tuesday, May 15, 2018 / Notices

                                                  Rule 24b–1; SEC File No. 270–205; OMB                  Dated: May 8, 2018.                                 the most significant aspects of such
                                                    Control No. 3235–0194                              Eduardo A. Aleman,                                    statements.
                                                                                                       Assistant Secretary.                                  A. Self-Regulatory Organization’s
                                                  Notice is hereby given that pursuant
                                                                                                       [FR Doc. 2018–10232 Filed 5–14–18; 8:45 am]           Statement of the Purpose of, and the
                                               to the Paperwork Reduction Act of 1995
                                               (44 U.S.C. 3501 et seq.), the Securities                BILLING CODE 8011–01–P                                Statutory Basis for, the Proposed Rule
                                               and Exchange Commission                                                                                       Change
                                               (‘‘Commission’’) is soliciting comments                                                                       1. Purpose
                                                                                                       SECURITIES AND EXCHANGE
                                               on the collection of information
                                                                                                       COMMISSION                                               The Exchange proposes to
                                               summarized below. The Commission
                                               plans to submit this existing collection                                                                      memorialize its order and execution
                                                                                                       [Release No. 34–83198; File No. SR–                   information into Chapter VI, Section 19,
                                               of information to the Office of                         NASDAQ–2018–035]
                                               Management and Budget for extension                                                                           entitled ‘‘Data Feeds.’’ The Exchange
                                               and approval, Rule 24b–1 (17 CFR                                                                              proposes to rename this rule ‘‘Data
                                                                                                       Self-Regulatory Organizations; The
                                               240.24b–1)—Documents to be Kept                                                                               Feeds and Trade Information.’’ The
                                                                                                       Nasdaq Stock Market LLC; Notice of
                                               Public by Exchanges.                                                                                          Exchange proposes other grammatical
                                                                                                       Filing and Immediate Effectiveness of
                                                                                                                                                             corrections in Section 19(a) as well.
                                                  Rule 24b–1 under the Securities                      a Proposed Rule Change to
                                               Exchange Act of 1934 (15 U.S.C. 78a et                  Memorialize Order and Execution                       Section 19(b)
                                               seq.) requires a national securities                    Available to Participants Into Chapter                   First, the Exchange proposes to adopt
                                               exchange to keep and make available for                 VI, Section 19, Entitled Data Feeds                   a new Section 19(b) and memorialize
                                               public inspection a copy of its                         May 9, 2018.                                          the following order and execution
                                               registration statement and exhibits filed                                                                     information which was previously filed
                                                                                                          Pursuant to Section 19(b)(1) of the
                                               with the Commission, along with any                                                                           by the Exchange: (1) CTI; (2) TradeInfo;
                                                                                                       Securities Exchange Act of 1934 (the
                                               amendments thereto.                                                                                           (3) FIX DROP; and (4) OTTO DROP.3
                                                                                                       ‘‘Act’’),1 and Rule 19b–4 thereunder,2                   The Exchange originally noted in the
                                                  There are 21 national securities                     notice is hereby given that on April 27,
                                               exchanges that spend approximately                                                                            Information Filing that CTI offers real-
                                                                                                       2018, The Nasdaq Stock Market LLC                     time clearing trade updates. The
                                               one half hour each complying with this                  (‘‘Nasdaq’’ or ‘‘Exchange’’) filed with the
                                               rule, for an aggregate total compliance                                                                       message containing the trade details is
                                                                                                       Securities and Exchange Commission                    also simultaneously sent to the The
                                               burden of 10.5 hours per year. The staff                (‘‘Commission’’) the proposed rule
                                               estimates that the average cost per                                                                           Options Clearing Corporation. The trade
                                                                                                       change as described in Items I and II                 messages are routed to a member’s
                                               respondent is $65.18 per year,                          below, which Items have been prepared                 connection containing certain
                                               calculated as the costs of copying                      by the Exchange. The Commission is                    information. The administrative and
                                               ($13.97) plus storage ($51.21), resulting               publishing this notice to solicit                     market event messages include, but are
                                               in a total cost of compliance for the                   comments on the proposed rule change                  not limited to: System event messages to
                                               respondents of $1,368.78.                               from interested persons.                              communicate operational-related
                                                  Written comments are invited on: (a)                 I. Self-Regulatory Organization’s                     events; options directory messages to
                                               Whether the proposed collection of                      Statement of the Terms of Substance of                relay basic option symbol and contract
                                               information is necessary for the proper                 the Proposed Rule Change                              information for options traded on the
                                               performance of the functions of the                                                                           Exchange; complex strategy messages to
                                               agency, including whether the                              The Exchange proposes to amend the                 relay information for those strategies
                                               information shall have practical utility;               Nasdaq Options Market LLC (‘‘NOM’’)                   traded on the Exchange; trading action
                                               (b) the accuracy of the Commission’s                    Rules to memorialize its order and                    messages to inform market participants
                                               estimate of the burden of the proposed                  execution information into Chapter VI,                when a specific option or strategy is
                                               collection of information; (c) ways to                  Section 19, entitled ‘‘Data Feeds.’’                  halted or released for trading on the
                                               enhance the quality, utility, and clarity                  The text of the proposed rule change               Exchange; and an indicator which
                                               of the information to be collected; and                 is available on the Exchange’s website at             distinguishes electronic and non-
                                               (d) ways to minimize the burden of the                  http://nasdaq.cchwallstreet.com, at the               electronically delivered orders.
                                               collection of information on                            principal office of the Exchange, and at                 The Exchange is proposing to more
                                               respondents, including through the use                  the Commission’s Public Reference                     specifically describe the CTI offering
                                               of automated collection techniques or                   Room.                                                 and memorialize it within Section
                                               other forms of information technology.                  II. Self-Regulatory Organization’s                    19(b)(1). The description provides more
                                               Consideration will be given to                          Statement of the Purpose of, and the                  detail as to the current functionality of
                                               comments and suggestions submitted in                   Statutory Basis for, the Proposed Rule                CTI, which is not changing. The
                                               writing within 60 days of this                          Change                                                description would continue to state that
                                               publication.                                                                                                  CTI is a real-time clearing trade update
                                                                                                         In its filing with the Commission, the              message that is sent to a Participant after
                                                  An agency may not conduct or                         Exchange included statements
                                               sponsor, and a person is not required to                                                                      an execution has occurred and contains
                                                                                                       concerning the purpose of and basis for               trade details specific to that Participant.
                                               respond to, a collection of information                 the proposed rule change and discussed
                                               under the PRA unless it displays a                                                                            The information includes, among other
                                                                                                       any comments it received on the                       things, the following: (i) The Clearing
                                               currently valid OMB control number.                     proposed rule change. The text of these               Member Trade Agreement or ‘‘CMTA’’
daltland on DSKBBV9HB2PROD with NOTICES




                                                  Please direct your written comments                  statements may be examined at the                     or The Options Clearing Corporation or
                                               to: Pamela Dyson, Director/Chief                        places specified in Item IV below. The                ‘‘OCC’’ number; (ii) Exchange badge or
                                               Information Officer, Securities and                     Exchange has prepared summaries, set                  house number; (iii) the Exchange
                                               Exchange Commission, c/o Remi Pavlik-                   forth in sections A, B, and C below, of
                                               Simon, 100 F Street NE, Washington,                                                                             3 See Securities Exchange Act Release No. 65180
                                               DC 20549, or send an email to: PRA_                       1 15 U.S.C. 78s(b)(1).                              (August 22, 2011), 76 FR 53521 (August 26, 2011)
                                               Mailbox@sec.gov.                                          2 17 CFR 240.19b–4.                                 (SR–NASDAQ–2011–111) (‘‘Information Filing’’).



                                          VerDate Sep<11>2014   20:27 May 14, 2018   Jkt 244001   PO 00000   Frm 00130   Fmt 4703   Sfmt 4703   E:\FR\FM\15MYN1.SGM   15MYN1


                                                                              Federal Register / Vol. 83, No. 94 / Tuesday, May 15, 2018 / Notices                                                      22571

                                               internal firm identifier; (iv) an indicator             ‘‘Order Entry DROP’’ interface is being               public interest, by providing greater
                                               which will distinguish electronic and                   renamed ‘‘FIX DROP’’ for clarity as it                transparency as to the order and
                                               non-electronically delivered orders; (v)                relates to FIX ports.                                 execution information offered on
                                               liquidity indicators and transaction type                  The Exchange proposes to amend and                 Nasdaq. The Exchange notes that it
                                               for billing purposes; and (vi) capacity.                memorialize FIX DROP within Section                   described this information in prior rule
                                               The Exchange proposes to not add the                    19(b)(3). The Exchange is expanding on                changes.7 The Exchange believes that
                                               sentence which states, ‘‘The message                    the original description by providing                 memorializing this information within a
                                               containing the trade details is also                    more detail by stating that it is a real-             rule and updating the information will
                                               simultaneously sent to The Options                      time order and execution update                       provide market participants with a list
                                               Clearing Corporation.’’ The Exchange’s                  message that is sent to a Participant after           of information available specific to their
                                               System sends clearing information to                    an order has been received/modified or                trading on NOM. The Exchange believes
                                               OCC for each transaction. This sentence                 an execution has occurred and contains                that this proposal is consistent with the
                                               does not add information that is useful                 trade details specific to that Participant.           Act because it provides information on
                                               or relevant and therefore the Exchange                  The information includes, among other                 the content available to market
                                               proposes to remove it. The Exchange                     things, the following: (1) Executions; (2)            participants regarding the trades they
                                               notes that while the description is being               cancellations; (3) modifications to an                execute on NOM.
                                               amended, it retains more broadly the                    existing order; and (4) busts or post-
                                               former descriptions. The information                    trade corrections.                                    B. Self-Regulatory Organization’s
                                               provided is specific to a market                           The Exchange originally noted in the               Statement on Burden on Competition
                                               participant. The Exchange is expressing                 Information Filing that OTTO DROP                       In accordance with Section 6(b)(8) of
                                               more specifically the type of data                      provides real-time information                        the Act,8 the Exchange does not believe
                                               contained in CTI. The CTI offering is not               regarding orders entered through OTTO                 that the proposed rule change will
                                               changing. The Exchange is providing                     and the execution of those orders. The                impose any burden on intermarket or
                                               more details regarding the CTI offering                 OTTO DROP data feed is not a trading                  intra-market competition that is not
                                               than was originally filed in the                        interface and does not accept order                   necessary or appropriate in furtherance
                                               Information Filing.                                     messages. The Exchange is not                         of the purposes of the Act. The
                                                  The Exchange originally noted in the                 amending this description rather the                  Exchange’s proposal does not impose an
                                               Information Filing that TradeInfo allows                Exchange is memorializing the                         undue burden on competition, rather
                                               users to scan for their NASDAQ-listed                   description within Section 19(b)(4).                  the Exchange is seeking to provide
                                               orders submitted in NASDAQ. Users                          The Exchange considers it appropriate
                                                                                                                                                             greater transparency within its rules
                                               can then perform actions on their                       to memorialize the order and execution
                                                                                                                                                             with respect to the various order and
                                               orders. Users can scan for all orders in                information available on NOM within a
                                                                                                                                                             execution information offered on NOM.
                                               a particular security or all orders of a                rule so that Participants may understand
                                               particular type, regardless of their status             the trade information which is available              C. Self-Regulatory Organization’s
                                               (open, canceled, executed, etc.). For                   on the Exchange as it pertains to a firm’s            Statement on Comments on the
                                               example, after scanning for open orders                 trading information. This data is                     Proposed Rule Change Received From
                                               the user is then able to select an open                 available to all Participants regarding               Members, Participants, or Others
                                               order and is allowed to make                            that Participant’s transactions. Pricing
                                                                                                       for these products is included in the                   No written comments were either
                                               corrections to the order or cancel the                                                                        solicited or received.
                                               order. TradeInfo also allows the users to               Exchange’s fee schedule at Chapter XV,
                                               scan other orders, such as executed,                    Section 3.4                                           III. Date of Effectiveness of the
                                               cancelled, broken, rejected and                         Section 19(a)                                         Proposed Rule Change and Timing for
                                               suspended orders.                                                                                             Commission Action
                                                  The Exchange proposes to amend and                     The Exchange proposes minor
                                               memorialize TradeInfo within Section                    changes to Section 19(a)(1) and (2) to                   Because the proposed rule change
                                               19(b)(2). The Exchange proposes to note                 change the language to indicate the                   does not: (i) Significantly affect the
                                               that TradeInfo is a user interface, as                  Nasdaq ITCH to Trade Options and Best                 protection of investors or the public
                                               compared to a data stream, to add more                  of Nasdaq Options each separately are                 interest; (ii) impose any significant
                                               detail to the description. While some                   data feeds and removing the ‘‘A’’ before              burden on competition; and (iii) become
                                               descriptive language is being removed                   the description.                                      operative for 30 days from the date on
                                               from the rules, such as permitting a                                                                          which it was filed, or such shorter time
                                                                                                       2. Statutory Basis                                    as the Commission may designate, if
                                               subscribing member to scan other order
                                               statuses, such as executed, cancelled,                     The Exchange believes that the                     consistent with the protection of
                                               broken, rejected and suspended orders,                  proposed rule change is consistent with               investors and the public interest, the
                                               the Exchange believes that this language                Section 6(b) of the Securities Exchange               proposed rule change has become
                                               is covered in the current description in                Act of 1934 (the ‘‘Act’’),5 in general, and           effective pursuant to Section 19(b)(3)(A)
                                               that the text indicates that all orders                 furthers the objectives of Section 6(b)(5)            of the Act 9 and Rule 19b–4(f)(6)
                                               may be searched regardless of their                     of the Act,6 in particular, in that it is             thereunder.10
                                               status. The Exchange is also adding                     designed to promote just and equitable
                                               more information to the TradeInfo                       principles of trade, to remove                          7 See  note 3 above.
                                               description to provide Participants                     impediments to and perfect the                          8 15  U.S.C. 78f(b)(8).
                                               greater transparency.                                   mechanism for a free and open market                    9 15 U.S.C. 78s(b)(3)(A).
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                                                  The Exchange originally noted in the                 and a national market system, and, in                   10 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–

                                                                                                       general, to protect investors and the                 4(f)(6)(iii) requires the Exchange to give the
                                               Information Filing that the Order Entry                                                                       Commission written notice of the Exchange’s intent
                                               DROP provides real time information                       4 See also SR–NASDAQ–2018–036 (not yet
                                                                                                                                                             to file the proposed rule change, along with a brief
                                               regarding orders sent to NOM and                                                                              description and text of the proposed rule change at
                                                                                                       published) which proposes conforming changes to       least five business days prior to the date of filing
                                               executions that occurred on NOM. The                    the fee schedule.                                     of the proposed rule change, or such shorter time
                                               DROP interface is not a trading interface                 5 15 U.S.C. 78f(b).
                                                                                                                                                             as designated by the Commission. The Exchange
                                               and does not accept order messages. The                   6 15 U.S.C. 78f(b)(5).                              has satisfied this requirement.



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                                               22572                           Federal Register / Vol. 83, No. 94 / Tuesday, May 15, 2018 / Notices

                                                  A proposed rule change filed under                   Commission, 100 F Street NE,                           SECURITIES AND EXCHANGE
                                               Rule 19b–4(f)(6) 9 normally does not                    Washington, DC 20549–1090.                             COMMISSION
                                               become operative for 30 days after the
                                               date of filing. However, pursuant to                    All submissions should refer to File                   [Release No. 34–83196; File No. SR–Phlx–
                                                                                                       Number SR–NASDAQ–2018–035. This                        2018–33]
                                               Rule 19b–4(f)(6)(iii),10 the Commission
                                               may designate a shorter time if such                    file number should be included on the
                                                                                                                                                              Self-Regulatory Organizations; Nasdaq
                                               action is consistent with the protection                subject line if email is used. To help the
                                                                                                                                                              PHLX LLC; Notice of Filing and
                                               of investors and the public interest. The               Commission process and review your
                                                                                                                                                              Immediate Effectiveness of Proposed
                                               Exchange has asked the Commission to                    comments more efficiently, please use                  Rule Change To Memorialize Its Order
                                               waive the 30-day operative delay so that                only one method. The Commission will                   and Execution Information Into Phlx
                                               the proposal may become operative                       post all comments on the Commission’s                  Rule 1070
                                               immediately upon filing. The Exchange                   internet website (http://www.sec.gov/
                                               states that such waiver will allow it to                rules/sro.shtml). Copies of the                        May 9, 2018.
                                               update its rules immediately to provide                 submission, all subsequent                                Pursuant to Section 19(b)(1) of the
                                               more information regarding the order                    amendments, all written statements                     Securities Exchange Act of 1934 (the
                                               and execution information it offers and                 with respect to the proposed rule                      ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                               further the protection of investors and                 change that are filed with the                         notice is hereby given that on April 27,
                                               the public interest because it will                     Commission, and all written                            2018, Nasdaq PHLX LLC (‘‘Phlx’’ or
                                               provide greater transparency as to the                                                                         ‘‘Exchange’’) filed with the Securities
                                                                                                       communications relating to the
                                               trade detail available to members. For                                                                         and Exchange Commission
                                                                                                       proposed rule change between the
                                               this reason, the Commission believes                                                                           (‘‘Commission’’) the proposed rule
                                                                                                       Commission and any person, other than                  change as described in Items I and II
                                               that waiving the 30-day operative delay                 those that may be withheld from the
                                               is consistent with the protection of                                                                           below, which Items have been prepared
                                                                                                       public in accordance with the                          by the Exchange. The Commission is
                                               investors and the public interest and,                  provisions of 5 U.S.C. 552, will be
                                               therefore, the Commission designates                                                                           publishing this notice to solicit
                                                                                                       available for website viewing and                      comments on the proposed rule change
                                               the proposed rule change to be operative                printing in the Commission’s Public
                                               upon filing.11                                                                                                 from interested persons.
                                                                                                       Reference Room, 100 F Street NE,
                                                  At any time within 60 days of the                    Washington, DC 20549, on official                      I. Self-Regulatory Organization’s
                                               filing of the proposed rule change, the                                                                        Statement of the Terms of Substance of
                                                                                                       business days between the hours of
                                               Commission summarily may                                                                                       the Proposed Rule Change
                                                                                                       10:00 a.m. and 3:00 p.m. Copies of the
                                               temporarily suspend such rule change if                                                                           The Exchange proposes to
                                               it appears to the Commission that such                  filing also will be available for
                                                                                                       inspection and copying at the principal                memorialize its order and execution
                                               action is necessary or appropriate in the                                                                      information into Phlx Rule 1070.
                                               public interest, for the protection of                  office of the Exchange. All comments
                                                                                                                                                                 The text of the proposed rule change
                                               investors, or otherwise in furtherance of               received will be posted without change.
                                                                                                                                                              is available on the Exchange’s website at
                                               the purposes of the Act. If the                         Persons submitting comments are
                                                                                                                                                              http://nasdaqphlx.cchwallstreet.com/,
                                               Commission takes such action, the                       cautioned that we do not redact or edit                at the principal office of the Exchange,
                                               Commission shall institute proceedings                  personal identifying information from                  and at the Commission’s Public
                                               to determine whether the proposed rule                  comment submissions. You should                        Reference Room.
                                               should be approved or disapproved.                      submit only information that you wish
                                                                                                       to make available publicly. All                        II. Self-Regulatory Organization’s
                                               IV. Solicitation of Comments                            submissions should refer to File                       Statement of the Purpose of, and the
                                                 Interested persons are invited to                     Number SR–NASDAQ–2018–035 and                          Statutory Basis for, the Proposed Rule
                                               submit written data, views, and                         should be submitted on or before June                  Change
                                               arguments concerning the foregoing,                     5, 2018.                                                  In its filing with the Commission, the
                                               including whether the proposed rule                                                                            Exchange included statements
                                                                                                         For the Commission, by the Division of
                                               change is consistent with the Act.                                                                             concerning the purpose of and basis for
                                                                                                       Trading and Markets, pursuant to delegated
                                               Comments may be submitted by any of                     authority.12
                                                                                                                                                              the proposed rule change and discussed
                                               the following methods:                                                                                         any comments it received on the
                                                                                                       Eduardo A. Aleman,                                     proposed rule change. The text of these
                                               Electronic Comments                                     Assistant Secretary.                                   statements may be examined at the
                                                 • Use the Commission’s internet                       [FR Doc. 2018–10258 Filed 5–14–18; 8:45 am]            places specified in Item IV below. The
                                               comment form (http://www.sec.gov/                       BILLING CODE 8011–01–P                                 Exchange has prepared summaries, set
                                               rules/sro.shtml); or                                                                                           forth in sections A, B, and C below, of
                                                 • Send an email to rule-comments@                                                                            the most significant aspects of such
                                               sec.gov. Please include File Number SR–                                                                        statements.
                                               NASDAQ–2018–035 on the subject line.                                                                           A. Self-Regulatory Organization’s
                                               Paper Comments                                                                                                 Statement of the Purpose of, and the
                                                                                                                                                              Statutory Basis for, the Proposed Rule
                                                 • Send paper comments in triplicate                                                                          Change
                                               to Secretary, Securities and Exchange
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                                                                                                                                                              1. Purpose
                                                 9 17  CFR 240.19b–4(f)(6).                                                                                      The Exchange proposes to
                                                  10 17 CFR 240.19b–4(f)(6)(iii).
                                                                                                                                                              memorialize its order and execution
                                                  11 For purposes only of waiving the 30-day

                                               operative delay, the Commission has also
                                                                                                                                                              information into Rule 1070, entitled
                                               considered the proposed rule’s impact on
                                                                                                                                                                1 15   U.S.C. 78s(b)(1).
                                               efficiency, competition, and capital formation. See
                                               15 U.S.C. 78c(f).                                         12 17   CFR 200.30–3(a)(12).                           2 17   CFR 240.19b–4.



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Document Created: 2018-05-15 00:33:18
Document Modified: 2018-05-15 00:33:18
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation83 FR 22570 

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