83_FR_24050 83 FR 23950 - Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Supplementary Material .03 to Rule 804 To Enhance Anti-Internalization Functionality

83 FR 23950 - Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Supplementary Material .03 to Rule 804 To Enhance Anti-Internalization Functionality

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 100 (May 23, 2018)

Page Range23950-23952
FR Document2018-10970

Federal Register, Volume 83 Issue 100 (Wednesday, May 23, 2018)
[Federal Register Volume 83, Number 100 (Wednesday, May 23, 2018)]
[Notices]
[Pages 23950-23952]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-10970]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83269; File No. SR-ISE-2018-45]


Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Amend 
Supplementary Material .03 to Rule 804 To Enhance Anti-Internalization 
Functionality

May 17, 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 May 2, 2018, Nasdaq ISE, LLC (``ISE'' or ``Exchange'') filed with 
the Securities and Exchange Commission (``Commission'') the proposed 
rule change as described in Items I, II, and III, below, which Items 
have been prepared by the Exchange. The Commission is publishing this 
notice to solicit comments on the proposed rule change from interested 
persons.
---------------------------------------------------------------------------

    \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 amend Supplementary Material .03 to Rule 
804 to enhance anti-internalization functionality.
    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 enhance the anti-
internalization (``AIQ'') functionality provided to Market Makers on 
the Exchange by giving members the flexibility to choose to have this 
protection apply at the market participant identifier level (i.e., 
existing functionality),\3\ at the Exchange account level, or at the 
member firm level. The Exchange believes that this enhancement will 
provide helpful flexibility for Market Makers that wish to prevent 
trading against all quotes and orders entered by their firm, or 
Exchange account, instead of just quotes and orders that are entered 
under the same market participant identifier. Similar functionality was 
also recently introduced on the Exchange's affiliated exchanges, Nasdaq 
PHLX LLC (``Phlx'') and NOM.\4\ The Exchange believes that introducing 
this functionality now on ISE will ensure that ISE Market Makers on 
will benefit from similar flexibility in applying this protection.
---------------------------------------------------------------------------

    \3\ Currently, the rule uses the term ``member identifier'' for 
this concept. The Exchange proposes to rename ``member identifier'' 
to ``market participant identifier'' to be consistent with 
terminology used on the Nasdaq Options Market (``NOM'') and to avoid 
member confusion that could result in using the similar terms 
``member identifier'' and ``member firm identifier'' in this rule.
    \4\ See Phlx Rule 1080(p)(2); NOM Chapter VI, Sec. 10. See also 
Securities Exchange Act Release Nos. 82012 (November 3, 3017), 82 FR 
52082 (November 9, 2017) (SR-Phlx-2017-93); 81171 (July 19, 2017), 
82 FR 34557 (July 25, 2017) (SR-Nasdaq-2017-069).
---------------------------------------------------------------------------

    Currently, the Exchange provides mandatory AIQ functionality 
whereby quotes and orders entered by Market Makers using the same 
market

[[Page 23951]]

participant identifier will not be executed against quotes and orders 
entered on the opposite side of the market by the same Market Maker 
using the same market participant identifier.\5\ When a quote or order 
entered by a Market Maker would trade with other quotes or orders from 
the same market participant identifier, the trading system cancels the 
resting quote or order back to the entering party prior to 
execution.\6\ This functionality shall not apply in any auction or with 
respect to complex order transactions. AIQ assists Market Makers in 
reducing trading costs from unwanted executions potentially resulting 
from the interaction of executable buy and sell trading interest from 
the same firm when performing the same market making function.
---------------------------------------------------------------------------

    \5\ See Supplementary Material .03 to Rule 804. This 
functionality shall not apply in any auction or with respect to 
complex order transactions.
    \6\ Id. A quote or order entered by a Market Maker only triggers 
AIQ when it would trade with other quotes or orders from the same 
Market Maker. Thus, an incoming quote or order entered by a Market 
Maker may interact with other interest with priority on the book 
prior to triggering AIQ. After AIQ is triggered, the incoming quote 
or order may continue to trade with resting interest from other 
participants.
---------------------------------------------------------------------------

    Today, this protection prevents Market Makers from trading against 
their own quotes and orders at the market participant identifier level. 
The proposed enhancement to this functionality would allow members to 
choose to have this protection applied at the market participant 
identifier level as implemented today, at the Exchange account level, 
or at the member firm level. If members choose to have this protection 
applied at the Exchange account level, AIQ would prohibit quotes and 
orders from different market participant identifiers associated with 
the same Exchange account from trading against one another. Similarly, 
if the members choose to have this protection applied at the member 
firm level, AIQ would prohibit quotes and orders from different market 
participant identifiers within the member firm from trading against one 
another. Members that do not select to have this protection applied at 
the Exchange account level or member firm level will have their AIQ 
protection defaulted to the market participant identifier level 
protection applied today. The Exchange believes that the proposed AIQ 
enhancement will provide members with more tailored self-trade 
functionality that allows them to manage their trading as appropriate 
based on the members' business needs. While the Exchange believes that 
some firms will want to restrict AIQ to trading against interest from 
the same market participant identifier--i.e., as implemented today--the 
Exchange believes that other firms will find it helpful to be able to 
configure AIQ to apply at the Exchange account level or at the member 
firm level so that they are protected regardless of which market 
participant identifier the order or quote originated from. Similar 
flexibility is offered on the Exchange's affiliates, Phlx and NOM, and 
also on the CBOE BZX Exchange, Inc. (``BZX''), which provides members 
the ability to apply Match Trade Prevention (``MTP'') modifiers--i.e., 
BZX's version of self-trade protection--based on market participant, 
Exchange Member, trading group, or Exchange Sponsored Participant 
identifiers.\7\
---------------------------------------------------------------------------

    \7\ See BZX Rule 21.1(g).
---------------------------------------------------------------------------

    The examples below illustrate how AIQ would operate based on the 
market participant identifier level protection, the Exchange account 
level, or for members that choose to apply AIQ at the member firm 
level:
Example 1
    1. Member ABC (market participant identifier 123A & 555B) with AIQ 
configured at the market participant identifier level.
    2. 123A Quote: $1.00 (5) x $1.10 (20).
    3. 555B Buy Order entered for 10 contracts at $1.10.
    4. 555B Buy Order executes 10 contracts against 123A Quote. 123A 
and 555B are not prevented by the system from trading against one 
another because Member ABC has configured AIQ to apply at the market 
participant identifier level. This is the same as existing 
functionality.
Example 2
    1. Member ABC (Account 999 with market participant identifiers 123A 
and 555B, and Account 888 with market participant identifier 789A) with 
AIQ configured at the Exchange account level.
    2. 123A Quote: $1.00 (5) x $1.10 (20).
    3. 789A Quote: $1.05(10) x $1.10 (20).
    4. 555B Buy Order entered for 30 contracts at $1.10.
    5. 555B Buy Order executes against 789A Quote but 555B Buy Order 
does not execute against 123A Quote. AIQ purges the 123A Quote and the 
remaining contracts of the 555B Buy Order rests on the book at $1.10. 
123A and 555B are not permitted trade against one another because 
Member ABC has configured AIQ to apply at the Exchange account level. 
This is new functionality as the member has opted to have AIQ operate 
at the Exchange account level.
Example 3
    1. Same as Example 2 above but Member ABC has AIQ configured at the 
member level.
    2. AIQ purges the 123A Quote and the 789A Quote and the 555B Buy 
Order rests on the book at $1.10. This is new functionality as the 
member has opted to have AIQ operate at the member level.
Implementation
    The Exchange proposes to launch the AIQ functionality described in 
this proposed rule change in either Q2 or Q4 2018. The Exchange will 
announce the implementation date of this functionality in an Options 
Trader Alert issued to members prior to the launch date.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with the requirements of the Act and the rules and regulations 
thereunder that are applicable to a national securities exchange, and, 
in particular, with the requirements of Section 6(b) of the Act.\8\ In 
particular, the proposal is consistent with Section 6(b)(5) of the 
Act,\9\ because it is designed to promote just and equitable principles 
of trade, remove impediments to and perfect the mechanisms of a free 
and open market and a national market system and, in general, to 
protect investors and the public interest.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change is consistent 
with the protection of investors and the public interest as it is 
designed to provide Market Makers with additional flexibility with 
respect to how to implement self-trade protections provided by AIQ. 
Currently, all Market Makers are provided functionality that prevents 
quotes and orders from one market participant identifier from trading 
with quotes and orders from the same market participant identifier. 
This allows Market Makers to better manage their order flow and prevent 
undesirable executions where the Market Maker, using the same market 
participant identifier, would be on both sides of the trade. While this 
functionality is helpful to our members, some members would prefer not 
to trade with quotes and orders entered by different market participant 
identifiers within the same Exchange account or member. Thus, the 
Exchange is proposing to provide members with flexibility with respect 
to how AIQ is implemented. While members that like the current

[[Page 23952]]

functionality can continue to use it, members who would prefer to 
prevent self-trades across different market participant identifiers 
within the same Exchange account or at the member level will now be 
provided with functionality that lets them do this. Similar flexibility 
is offered on Phlx and NOM, as well as BZX.\10\ The Exchange believes 
that flexibility to apply AIQ at the Exchange account or member firm 
level would be useful for the Exchange's members too. The Exchange 
believes that the proposed rule change is designed to promote just and 
equitable principles of trade and will remove impediments to and 
perfect the mechanisms of a free and open market as it will further 
enhance self-trade protections provided to Market Makers similar to 
those protections provided on other markets. This functionality does 
not relieve or otherwise modify the duty of best execution owed to 
orders received from public customers.
---------------------------------------------------------------------------

    \10\ See supra notes 4 and 7.
---------------------------------------------------------------------------

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

    In accordance with Section 6(b)(8) of the Act,\11\ the Exchange 
does not believe that the proposed rule change will impose any burden 
on intermarket or intramarket competition that is not necessary or 
appropriate in furtherance of the purposes of the Act. The proposed 
rule change is designed to enhance AIQ functionality provided to 
Exchange Market Makers, and will benefit members that wish to protect 
their quotes and orders against trading with other quotes and orders 
within the same Exchange account or member, rather than the more 
limited market participant identifier standard applied today. The new 
functionality, which provides similar flexibility to that offered on 
Phlx, NOM, and BZX, is also completely voluntary, and members that wish 
to use the current functionality can also continue to do so. The 
Exchange does not believe that providing more flexibility to members 
will have any significant impact on competition. In fact, the Exchange 
believes that the proposed rule change is evidence of the competitive 
environment in the options industry where exchanges must continually 
improve their offerings to maintain competitive standing.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

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 \12\ and 
subparagraph (f)(6) of Rule 19b-4 thereunder.\13\
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \13\ 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.
---------------------------------------------------------------------------

    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.

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-ISE-2018-45 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-2018-45. 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-2018-45 and should be submitted on 
or before June 13, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-10970 Filed 5-22-18; 8:45 am]
 BILLING CODE 8011-01-P



                                               23950                        Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Notices

                                               designates the proposed rule change as                  business days between the hours of                    the Commission’s Public Reference
                                               operative upon filing.15                                10:00 a.m. and 3:00 p.m. Copies of the                Room.
                                                  At any time within 60 days of the                    filing also will be available for
                                               filing of the proposed rule change, the                                                                       II. Self-Regulatory Organization’s
                                                                                                       inspection and copying at the principal
                                               Commission summarily may                                                                                      Statement of the Purpose of, and
                                                                                                       office of the Exchange. All comments
                                               temporarily suspend such rule change if                                                                       Statutory Basis for, the Proposed Rule
                                                                                                       received will be posted without change.
                                               it appears to the Commission that such                                                                        Change
                                                                                                       Persons submitting comments are
                                               action is necessary or appropriate in the               cautioned that we do not redact or edit                  In its filing with the Commission, the
                                               public interest, for the protection of                  personal identifying information from                 Exchange included statements
                                               investors, or otherwise in furtherance of               comment submissions. You should                       concerning the purpose of and basis for
                                               the purposes of the Act. If the                         submit only information that you wish                 the proposed rule change and discussed
                                               Commission takes such action, the                       to make available publicly. All                       any comments it received on the
                                               Commission shall institute proceedings                  submissions should refer to File                      proposed rule change. The text of these
                                               to determine whether the proposed rule                  Number SR–NYSEAMER–2018–21, and                       statements may be examined at the
                                               should be approved or disapproved.                      should be submitted on or before June                 places specified in Item IV below. The
                                                                                                       13, 2018.                                             Exchange has prepared summaries, set
                                               IV. Solicitation of Comments
                                                                                                         For the Commission, by the Division of              forth in sections A, B, and C below, of
                                                 Interested persons are invited to                     Trading and Markets, pursuant to delegated            the most significant aspects of such
                                               submit written data, views, and                         authority.16                                          statements.
                                               arguments concerning the foregoing,                     Eduardo A. Aleman,
                                               including whether the proposed rule                                                                           A. Self-Regulatory Organization’s
                                                                                                       Assistant Secretary.                                  Statement of the Purpose of, and
                                               change is consistent with the Act.
                                               Comments may be submitted by any of                     [FR Doc. 2018–10974 Filed 5–22–18; 8:45 am]           Statutory Basis for, the Proposed Rule
                                               the following methods:                                  BILLING CODE 8011–01–P                                Change
                                               Electronic Comments                                                                                           1. Purpose
                                                  • Use the Commission’s internet                      SECURITIES AND EXCHANGE                                  The purpose of the proposed rule
                                               comment form (http://www.sec.gov/                       COMMISSION                                            change is to enhance the anti-
                                               rules/sro.shtml); or                                    [Release No. 34–83269; File No. SR–ISE–
                                                                                                                                                             internalization (‘‘AIQ’’) functionality
                                                  • Send an email to rule-comments@                    2018–45]                                              provided to Market Makers on the
                                               sec.gov. Please include File Number SR–                                                                       Exchange by giving members the
                                               NYSEAMER–2018–21 on the subject                         Self-Regulatory Organizations; Nasdaq                 flexibility to choose to have this
                                               line.                                                   ISE, LLC; Notice of Filing and                        protection apply at the market
                                                                                                       Immediate Effectiveness of Proposed                   participant identifier level (i.e., existing
                                               Paper Comments                                                                                                functionality),3 at the Exchange account
                                                                                                       Rule Change To Amend
                                                  • Send paper comments in triplicate                  Supplementary Material .03 to Rule 804                level, or at the member firm level. The
                                               to Secretary, Securities and Exchange                   To Enhance Anti-Internalization                       Exchange believes that this
                                               Commission, 100 F Street NE,                            Functionality                                         enhancement will provide helpful
                                               Washington, DC 20549–1090.                                                                                    flexibility for Market Makers that wish
                                               All submissions should refer to File                    May 17, 2018.                                         to prevent trading against all quotes and
                                               Number SR–NYSEAMER–2018–21. This                           Pursuant to Section 19(b)(1) of the                orders entered by their firm, or
                                               file number should be included on the                   Securities Exchange Act of 1934                       Exchange account, instead of just quotes
                                               subject line if email is used. To help the              (‘‘Act’’),1 and Rule 19b–4 thereunder,2               and orders that are entered under the
                                               Commission process and review your                      notice is hereby given that on May 2,                 same market participant identifier.
                                               comments more efficiently, please use                   2018, Nasdaq ISE, LLC (‘‘ISE’’ or                     Similar functionality was also recently
                                               only one method. The Commission will                    ‘‘Exchange’’) filed with the Securities               introduced on the Exchange’s affiliated
                                               post all comments on the Commission’s                   and Exchange Commission                               exchanges, Nasdaq PHLX LLC (‘‘Phlx’’)
                                               internet website (http://www.sec.gov/                   (‘‘Commission’’) the proposed rule                    and NOM.4 The Exchange believes that
                                               rules/sro.shtml). Copies of the                         change as described in Items I, II, and               introducing this functionality now on
                                               submission, all subsequent                              III, below, which Items have been                     ISE will ensure that ISE Market Makers
                                               amendments, all written statements                      prepared by the Exchange. The                         on will benefit from similar flexibility in
                                               with respect to the proposed rule                       Commission is publishing this notice to               applying this protection.
                                               change that are filed with the                          solicit comments on the proposed rule                    Currently, the Exchange provides
                                               Commission, and all written                             change from interested persons.                       mandatory AIQ functionality whereby
                                               communications relating to the                          I. Self-Regulatory Organization’s                     quotes and orders entered by Market
                                               proposed rule change between the                        Statement of the Terms of Substance of                Makers using the same market
                                               Commission and any person, other than                   the Proposed Rule Change
                                                                                                                                                                3 Currently, the rule uses the term ‘‘member
                                               those that may be withheld from the
                                                                                                          The Exchange proposes to amend                     identifier’’ for this concept. The Exchange proposes
                                               public in accordance with the
                                                                                                       Supplementary Material .03 to Rule 804                to rename ‘‘member identifier’’ to ‘‘market
                                               provisions of 5 U.S.C. 552, will be                                                                           participant identifier’’ to be consistent with
                                                                                                       to enhance anti-internalization
                                               available for website viewing and                                                                             terminology used on the Nasdaq Options Market
                                                                                                       functionality.                                        (‘‘NOM’’) and to avoid member confusion that
                                               printing in the Commission’s Public                        The text of the proposed rule change
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                                                                             could result in using the similar terms ‘‘member
                                               Reference Room, 100 F Street NE,                        is available on the Exchange’s website at             identifier’’ and ‘‘member firm identifier’’ in this
                                               Washington, DC 20549, on official                       http://ise.cchwallstreet.com/, at the                 rule.
                                                                                                                                                                4 See Phlx Rule 1080(p)(2); NOM Chapter VI, Sec.
                                                  15 For purposes only of waiving the 30-day
                                                                                                       principal office of the Exchange, and at
                                                                                                                                                             10. See also Securities Exchange Act Release Nos.
                                               operative delay, the Commission has also                                                                      82012 (November 3, 3017), 82 FR 52082 (November
                                                                                                         16 17 CFR 200.30–3(a)(12).
                                               considered the proposed rule’s impact on                                                                      9, 2017) (SR–Phlx–2017–93); 81171 (July 19, 2017),
                                                                                                         1 15 U.S.C. 78s(b)(1).
                                               efficiency, competition, and capital formation. See                                                           82 FR 34557 (July 25, 2017) (SR–Nasdaq–2017–
                                               15 U.S.C. 78c(f).                                         2 17 CFR 240.19b–4.                                 069).



                                          VerDate Sep<11>2014   17:33 May 22, 2018   Jkt 244001   PO 00000   Frm 00067   Fmt 4703   Sfmt 4703   E:\FR\FM\23MYN1.SGM   23MYN1


                                                                           Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Notices                                             23951

                                               participant identifier will not be                      identifier—i.e., as implemented today—                Example 3
                                               executed against quotes and orders                      the Exchange believes that other firms                  1. Same as Example 2 above but
                                               entered on the opposite side of the                     will find it helpful to be able to                    Member ABC has AIQ configured at the
                                               market by the same Market Maker using                   configure AIQ to apply at the Exchange                member level.
                                               the same market participant identifier.5                account level or at the member firm                     2. AIQ purges the 123A Quote and the
                                               When a quote or order entered by a                      level so that they are protected                      789A Quote and the 555B Buy Order
                                               Market Maker would trade with other                     regardless of which market participant                rests on the book at $1.10. This is new
                                               quotes or orders from the same market                   identifier the order or quote originated              functionality as the member has opted
                                               participant identifier, the trading system              from. Similar flexibility is offered on the           to have AIQ operate at the member
                                               cancels the resting quote or order back                 Exchange’s affiliates, Phlx and NOM,                  level.
                                               to the entering party prior to execution.6              and also on the CBOE BZX Exchange,
                                               This functionality shall not apply in any               Inc. (‘‘BZX’’), which provides members                Implementation
                                               auction or with respect to complex                      the ability to apply Match Trade                         The Exchange proposes to launch the
                                               order transactions. AIQ assists Market                  Prevention (‘‘MTP’’) modifiers—i.e.,                  AIQ functionality described in this
                                               Makers in reducing trading costs from                   BZX’s version of self-trade protection—               proposed rule change in either Q2 or Q4
                                               unwanted executions potentially                         based on market participant, Exchange                 2018. The Exchange will announce the
                                               resulting from the interaction of                       Member, trading group, or Exchange                    implementation date of this
                                               executable buy and sell trading interest                Sponsored Participant identifiers.7                   functionality in an Options Trader Alert
                                               from the same firm when performing the                    The examples below illustrate how                   issued to members prior to the launch
                                               same market making function.                            AIQ would operate based on the market                 date.
                                                  Today, this protection prevents                      participant identifier level protection,
                                               Market Makers from trading against                                                                            2. Statutory Basis
                                                                                                       the Exchange account level, or for
                                               their own quotes and orders at the                      members that choose to apply AIQ at                      The Exchange believes that the
                                               market participant identifier level. The                the member firm level:                                proposed rule change is consistent with
                                               proposed enhancement to this                                                                                  the requirements of the Act and the
                                               functionality would allow members to                    Example 1                                             rules and regulations thereunder that
                                               choose to have this protection applied at                                                                     are applicable to a national securities
                                                                                                          1. Member ABC (market participant
                                               the market participant identifier level as                                                                    exchange, and, in particular, with the
                                                                                                       identifier 123A & 555B) with AIQ
                                               implemented today, at the Exchange                                                                            requirements of Section 6(b) of the Act.8
                                                                                                       configured at the market participant
                                               account level, or at the member firm                                                                          In particular, the proposal is consistent
                                                                                                       identifier level.
                                               level. If members choose to have this                                                                         with Section 6(b)(5) of the Act,9 because
                                               protection applied at the Exchange                         2. 123A Quote: $1.00 (5) × $1.10 (20).             it is designed to promote just and
                                               account level, AIQ would prohibit                          3. 555B Buy Order entered for 10                   equitable principles of trade, remove
                                               quotes and orders from different market                 contracts at $1.10.                                   impediments to and perfect the
                                               participant identifiers associated with                    4. 555B Buy Order executes 10                      mechanisms of a free and open market
                                               the same Exchange account from trading                  contracts against 123A Quote. 123A and                and a national market system and, in
                                               against one another. Similarly, if the                  555B are not prevented by the system                  general, to protect investors and the
                                               members choose to have this protection                  from trading against one another                      public interest.
                                               applied at the member firm level, AIQ                   because Member ABC has configured                        The Exchange believes that the
                                               would prohibit quotes and orders from                   AIQ to apply at the market participant                proposed rule change is consistent with
                                               different market participant identifiers                identifier level. This is the same as                 the protection of investors and the
                                               within the member firm from trading                     existing functionality.                               public interest as it is designed to
                                               against one another. Members that do                                                                          provide Market Makers with additional
                                               not select to have this protection                      Example 2                                             flexibility with respect to how to
                                               applied at the Exchange account level or                  1. Member ABC (Account 999 with                     implement self-trade protections
                                               member firm level will have their AIQ                   market participant identifiers 123A and               provided by AIQ. Currently, all Market
                                               protection defaulted to the market                      555B, and Account 888 with market                     Makers are provided functionality that
                                               participant identifier level protection                 participant identifier 789A) with AIQ                 prevents quotes and orders from one
                                               applied today. The Exchange believes                    configured at the Exchange account                    market participant identifier from
                                               that the proposed AIQ enhancement                       level.                                                trading with quotes and orders from the
                                               will provide members with more                            2. 123A Quote: $1.00 (5) × $1.10 (20).              same market participant identifier. This
                                               tailored self-trade functionality that                                                                        allows Market Makers to better manage
                                                                                                         3. 789A Quote: $1.05(10) × $1.10 (20).
                                               allows them to manage their trading as                                                                        their order flow and prevent undesirable
                                               appropriate based on the members’                         4. 555B Buy Order entered for 30                    executions where the Market Maker,
                                               business needs. While the Exchange                      contracts at $1.10.                                   using the same market participant
                                               believes that some firms will want to                     5. 555B Buy Order executes against                  identifier, would be on both sides of the
                                               restrict AIQ to trading against interest                789A Quote but 555B Buy Order does                    trade. While this functionality is helpful
                                               from the same market participant                        not execute against 123A Quote. AIQ                   to our members, some members would
                                                                                                       purges the 123A Quote and the                         prefer not to trade with quotes and
                                                  5 See Supplementary Material .03 to Rule 804.        remaining contracts of the 555B Buy                   orders entered by different market
                                               This functionality shall not apply in any auction or    Order rests on the book at $1.10. 123A                participant identifiers within the same
                                               with respect to complex order transactions.             and 555B are not permitted trade against              Exchange account or member. Thus, the
daltland on DSKBBV9HB2PROD with NOTICES




                                                  6 Id. A quote or order entered by a Market Maker
                                                                                                       one another because Member ABC has                    Exchange is proposing to provide
                                               only triggers AIQ when it would trade with other
                                               quotes or orders from the same Market Maker. Thus,      configured AIQ to apply at the Exchange               members with flexibility with respect to
                                               an incoming quote or order entered by a Market          account level. This is new functionality              how AIQ is implemented. While
                                               Maker may interact with other interest with priority    as the member has opted to have AIQ                   members that like the current
                                               on the book prior to triggering AIQ. After AIQ is       operate at the Exchange account level.
                                               triggered, the incoming quote or order may continue
                                                                                                                                                               8 15   U.S.C. 78f(b).
                                               to trade with resting interest from other
                                               participants.                                            7 See   BZX Rule 21.1(g).                              9 15   U.S.C. 78f(b)(5).



                                          VerDate Sep<11>2014   17:33 May 22, 2018   Jkt 244001   PO 00000   Frm 00068   Fmt 4703   Sfmt 4703   E:\FR\FM\23MYN1.SGM     23MYN1


                                               23952                           Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Notices

                                               functionality can continue to use it,                   III. Date of Effectiveness of the                         rules/sro.shtml). Copies of the
                                               members who would prefer to prevent                     Proposed Rule Change and Timing for                       submission, all subsequent
                                               self-trades across different market                     Commission Action                                         amendments, all written statements
                                               participant identifiers within the same                    Because the foregoing proposed rule                    with respect to the proposed rule
                                               Exchange account or at the member                       change does not: (i) Significantly affect                 change that are filed with the
                                               level will now be provided with                         the protection of investors or the public                 Commission, and all written
                                               functionality that lets them do this.                   interest; (ii) impose any significant                     communications relating to the
                                               Similar flexibility is offered on Phlx and              burden on competition; and (iii) become                   proposed rule change between the
                                               NOM, as well as BZX.10 The Exchange                     operative for 30 days from the date on                    Commission and any person, other than
                                               believes that flexibility to apply AIQ at               which it was filed, or such shorter time                  those that may be withheld from the
                                               the Exchange account or member firm                     as the Commission may designate, it has                   public in accordance with the
                                               level would be useful for the Exchange’s                become effective pursuant to Section                      provisions of 5 U.S.C. 552, will be
                                               members too. The Exchange believes                      19(b)(3)(A)(iii) of the Act 12 and                        available for website viewing and
                                               that the proposed rule change is                                                                                  printing in the Commission’s Public
                                                                                                       subparagraph (f)(6) of Rule 19b–4
                                               designed to promote just and equitable                                                                            Reference Room, 100 F Street NE,
                                                                                                       thereunder.13
                                               principles of trade and will remove                        At any time within 60 days of the                      Washington, DC 20549, on official
                                               impediments to and perfect the                          filing of the proposed rule change, the                   business days between the hours of
                                               mechanisms of a free and open market                    Commission summarily may                                  10:00 a.m. and 3:00 p.m. Copies of the
                                               as it will further enhance self-trade                   temporarily suspend such rule change if                   filing also will be available for
                                               protections provided to Market Makers                   it appears to the Commission that such                    inspection and copying at the principal
                                               similar to those protections provided on                action is: (i) Necessary or appropriate in                office of the Exchange. All comments
                                               other markets. This functionality does                                                                            received will be posted without change.
                                                                                                       the public interest; (ii) for the protection
                                               not relieve or otherwise modify the duty                                                                          Persons submitting comments are
                                                                                                       of investors; or (iii) otherwise in
                                               of best execution owed to orders                                                                                  cautioned that we do not redact or edit
                                                                                                       furtherance of the purposes of the Act.
                                               received from public customers.                                                                                   personal identifying information from
                                                                                                       If the Commission takes such action, the
                                                                                                                                                                 comment submissions. You should
                                               B. Self-Regulatory Organization’s                       Commission shall institute proceedings
                                                                                                                                                                 submit only information that you wish
                                               Statement on Burden on Competition                      to determine whether the proposed rule
                                                                                                                                                                 to make available publicly. All
                                                  In accordance with Section 6(b)(8) of                should be approved or disapproved.
                                                                                                                                                                 submissions should refer to File
                                               the Act,11 the Exchange does not believe                IV. Solicitation of Comments                              Number SR–ISE–2018–45 and should be
                                               that the proposed rule change will                                                                                submitted on or before June 13, 2018.
                                                                                                         Interested persons are invited to
                                               impose any burden on intermarket or
                                                                                                       submit written data, views, and                             For the Commission, by the Division of
                                               intramarket competition that is not                                                                               Trading and Markets, pursuant to delegated
                                                                                                       arguments concerning the foregoing,
                                               necessary or appropriate in furtherance                                                                           authority.14
                                                                                                       including whether the proposed rule
                                               of the purposes of the Act. The                                                                                   Eduardo A. Aleman,
                                                                                                       change is consistent with the Act.
                                               proposed rule change is designed to                                                                               Assistant Secretary.
                                                                                                       Comments may be submitted by any of
                                               enhance AIQ functionality provided to
                                                                                                       the following methods:                                    [FR Doc. 2018–10970 Filed 5–22–18; 8:45 am]
                                               Exchange Market Makers, and will
                                                                                                                                                                 BILLING CODE 8011–01–P
                                               benefit members that wish to protect                    Electronic Comments
                                               their quotes and orders against trading                   • Use the Commission’s internet
                                               with other quotes and orders within the                 comment form (http://www.sec.gov/                         SECURITIES AND EXCHANGE
                                               same Exchange account or member,                        rules/sro.shtml); or                                      COMMISSION
                                               rather than the more limited market                       • Send an email to rule-comments@
                                               participant identifier standard applied                 sec.gov. Please include File Number SR–                   [Release No. 34–83279; File No. SR–GEMX–
                                               today. The new functionality, which                                                                               2018–09]
                                                                                                       ISE–2018–45 on the subject line.
                                               provides similar flexibility to that
                                                                                                       Paper Comments                                            Self-Regulatory Organizations; Nasdaq
                                               offered on Phlx, NOM, and BZX, is also
                                                                                                                                                                 GEMX, LLC; Notice of Filing of
                                               completely voluntary, and members that                    • Send paper comments in triplicate
                                                                                                                                                                 Amendment No. 1 and Order Granting
                                               wish to use the current functionality can               to Secretary, Securities and Exchange
                                                                                                                                                                 Accelerated Approval of a Proposed
                                               also continue to do so. The Exchange                    Commission, 100 F Street NE,
                                                                                                                                                                 Rule Change, as Modified by
                                               does not believe that providing more                    Washington, DC 20549–1090.
                                                                                                                                                                 Amendment No. 1, To Introduce the
                                               flexibility to members will have any                    All submissions should refer to File                      ATR Protection for Orders That Are
                                               significant impact on competition. In                   Number SR–ISE–2018–45. This file                          Routed to Away Markets
                                               fact, the Exchange believes that the                    number should be included on the
                                               proposed rule change is evidence of the                 subject line if email is used. To help the                May 17, 2018.
                                               competitive environment in the options                  Commission process and review your
                                               industry where exchanges must                                                                                     I. Introduction
                                                                                                       comments more efficiently, please use
                                               continually improve their offerings to                  only one method. The Commission will                         On February 26, 2018, Nasdaq GEMX,
                                               maintain competitive standing.                          post all comments on the Commission’s                     LLC (‘‘GEMX’’ or ‘‘Exchange’’) filed
                                                                                                       internet website (http://www.sec.gov/                     with the Securities and Exchange
                                               C. Self-Regulatory Organization’s                                                                                 Commission (‘‘Commission’’), pursuant
                                               Statement on Comments on the                                                                                      to Section 19(b)(1) of the Securities
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                         12 15  U.S.C. 78s(b)(3)(A)(iii).
                                               Proposed Rule Change Received From                        13 17                                                   Exchange Act of 1934 (‘‘Act’’) 1 and Rule
                                                                                                                CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                               Members, Participants, or Others                        4(f)(6) requires a self-regulatory organization to give   19b–4 thereunder,2 a proposed rule
                                                 No written comments were either                       the Commission written notice of its intent to file       change to amend Exchange Rule 714
                                                                                                       the proposed rule change at least five business days
                                               solicited or received.                                  prior to the date of filing of the proposed rule
                                                                                                                                                                   14 17 CFR 200.30–3(a)(12).
                                                                                                       change, or such shorter time as designated by the
                                                 10 See supra notes 4 and 7.                                                                                       1 15 U.S.C. 78s(b)(1).
                                                                                                       Commission. The Exchange has satisfied this
                                                 11 15 U.S.C. 78f(b)(8).                               requirement.                                                2 17 CFR 240.19b–4.




                                          VerDate Sep<11>2014   17:33 May 22, 2018   Jkt 244001   PO 00000   Frm 00069   Fmt 4703   Sfmt 4703    E:\FR\FM\23MYN1.SGM       23MYN1



Document Created: 2018-05-22 23:49:06
Document Modified: 2018-05-22 23:49:06
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 23950 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR