83 FR 28039 - Self-Regulatory Organizations; The Nasdaq Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Descriptions of Certain Data Feeds Within the Nasdaq Options Market
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 83, Issue 116 (June 15, 2018)
Federal Register Volume 83, Issue 116 (June 15, 2018)
| Page Range | 28039-28041 | |
| FR Document | 2018-12854 |
[Federal Register Volume 83, Number 116 (Friday, June 15, 2018)] [Notices] [Pages 28039-28041] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-12854] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-83405; File No. SR-NASDAQ-2018-040] Self-Regulatory Organizations; The Nasdaq Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Descriptions of Certain Data Feeds Within the Nasdaq Options Market June 11, 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 May 30, 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. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78s(b)(1). \2\ 17 CFR 240.19b-4. --------------------------------------------------------------------------- [[Page 28040]] I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to amend the descriptions of certain data feeds within the Nasdaq Options Market LLC (``NOM'') Chapter VI, Section 19, entitled ``Data Feeds and Trade Information.'' The Exchange also proposes to correct an error within the fee schedule. 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 amend Chapter VI, Section 19, entitled ``Data Feeds and Trade Information'' to further detail the type of information available on Nasdaq ITCH to Trade Options (ITTO) or Best of Nasdaq Options (BONO) which describes symbol directory information with a more specific description of the options symbol directory that was recently utilized in ISE Rule 718(a).\3\ The Exchange also proposes to correct an inadvertent omission within Chapter XV, Section 3 pertaining to an options port fee. --------------------------------------------------------------------------- \3\ The data provided for each options series includes the symbols (series and underlying security), put or call indicator, expiration date, the strike price of the series, and whether the option series is available for trading on ISE and identifies if the series is available for closing transactions only. --------------------------------------------------------------------------- Chapter VI, Section 19 The Exchange desires to amend the description of ITTO which currently provides, ``ITTO is a data feed that provides quotation information for individual orders on the NOM book, last sale information for trades executed on NOM, and Order Imbalance Information as set forth in NOM Rules Chapter VI, Section 8.'' The Exchange proposes to amend this sentence to provide, ``ITTO is a data feed that provides full order and quote depth information for individual orders and quotes on the NOM book, last sale information for trades executed on NOM, and Order Imbalance Information as set forth in NOM Rules Chapter VI, Section 8.'' The Exchange proposes this language to make clear that this data feed has full order and quote information and not top of book information. The Exchange believes this proposed language will bring greater clarity to this description. The ITTO feed is not changing. Also, today ITTO and BONO have an options symbol directory within those data feeds. The Exchange proposes to add a sentence to each of those data feeds to describe the data provided for each options series. The data includes the symbol (series and underlying security), put or call indicator, expiration date, the strike price of the series, and whether the option series is available for trading on NOM and identifies if the series is available for closing transactions only. The Exchange inadvertently excluded this information when it originally filed the description for these feeds. The Exchange believes that adding this language will bring greater clarity to each of these feeds. The Exchange also proposes to replace the word ``Exchange'' with ``NOM'' in Section 19(a). Chapter XV, Section 3 The Exchange filed a rule change to reorganize its port fees.\4\ The Exchange added a new section 3(i) which included the order and quote protocols are available on NOM. The Exchange noted in that rule change that it was not amending any pricing related to the protocols, rather the Exchange relocated and reorganized certain fees including the OTTO Port Fee. The Exchange relocated the OTTO port fee to section 3(i) and noted the OTTO Port Fee was $750, per port, per month. The Exchange did not properly carry over the description of the OTTO Port Fee, which was $750, per port, per month, per mnemonic. The Exchange proposes to correct this error by adding ``per mnemonic'' back to this fee as it never intended to amend the manner in which an OTTO Port was billed. --------------------------------------------------------------------------- \4\ Securities and Exchange Act Release No. 83193 (May 9, 2018), 83 FR 22539 (May 15, 2018) (SR-NASDAQ-2018-036). --------------------------------------------------------------------------- 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with Section 6(b) of the Securities Exchange Act of 1934,\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 to the data feed information offered on NOM. The Exchange's proposal to add more detail to both the ITTO and BONO data feeds will bring greater transparency to the Exchange's Rules. The Exchange believes that the proposed rule change is consistent with the protection of investors and the public interest as it provides information relating to the data available on the Exchange for the benefit of its Members within its Rules and adds greater transparency to these offerings. Finally, the amendments seek to add greater clarity to the data offerings and conform the text of the offerings across its Nasdaq affiliated markets. --------------------------------------------------------------------------- \5\ 15 U.S.C. 78f(b). \6\ 15 U.S.C. 78f(b)(5). --------------------------------------------------------------------------- The Exchange's proposal to correct an inadvertent error within Chapter XV, Section 3 will clarify the manner in which OTTO Ports are billed today on NOM. The Exchange did not properly carry over the description of the OTTO Port Fee, which was $750, per port, per month, per mnemonic. The Exchange proposes to correct this error by adding ``per mnemonic'' back to this fee as it never intended to amend the manner in which an OTTO Port was billed. The Exchange believes that this correct to the OTTO feed within Chapter XV, Section 3 is consistent with the Act and the protection of investors and the public interest because it will make clear how OTTO Ports are billed today. B. Self-Regulatory Organization's Statement on Burden on Competition In accordance with Section 6(b)(8) of the Act,\7\ 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 data feed offerings are available to any market participant. The Exchange's proposal to amend the description of the data offerings will bring greater transparency to the Rulebook. The amendments seek to add greater clarity to the data [[Page 28041]] offerings and conform the text of the offerings. The Exchange's proposal to correct an inadvertent error within Chapter XV, Section 3 will clarify the manner in which OTTO Ports are billed today on NOM. All OTTO Ports will continue to be billed in a uniform manner. --------------------------------------------------------------------------- \7\ 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 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 \8\ and Rule 19b- 4(f)(6) thereunder.\9\ --------------------------------------------------------------------------- \8\ 15 U.S.C. 78s(b)(3)(A). \9\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) requires the Exchange to give the Commission written notice 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. --------------------------------------------------------------------------- A proposed rule change filed under Rule 19b-4(f)(6) \10\ normally does not become operative for 30 days after the date of filing. However, pursuant to Rule 19b-4(f)(6)(iii),\11\ 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 upon filing. The Exchange states that such waiver will allow it to update its rules to provide more detail regarding its data offerings and properly reflect the manner in which an OTTO Port is currently billed. The Exchange believes this will further the protection of investors and the public interest because it will provide greater transparency as to the data offerings available to members and avoid confusion by correcting an error on its fee schedule. 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.\12\ --------------------------------------------------------------------------- \10\ 17 CFR 240.19b-4(f)(6). \11\ 17 CFR 240.19b-4(f)(6)(iii). \12\ 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 CommentsUse the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or Send an email to [email protected]. Please include File Number SR-NASDAQ-2018-040 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-2018-040. 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-2018-040 and should be submitted on or before July 6, 2018. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\13\ --------------------------------------------------------------------------- \13\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Eduardo A. Aleman, Assistant Secretary. [FR Doc. 2018-12854 Filed 6-14-18; 8:45 am] BILLING CODE 8011-01-P
![Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Notices 28039
proposed change would result in expected to have any impact on proposed rule change between the
potentially higher contribution competition. Commission and any person, other than
requirements for Clearing Members with those that may be withheld from the
(C) Clearing Agency’s Statement on
large shares of overall margin relative to public in accordance with the
Comments on the Proposed Rule
open interest, which could be the result provisions of 5 U.S.C. 552, will be
Change Received From Members,
of a portfolio that contains directional available for website viewing and
Participants or Others
exposures driving higher margin printing in the Commission’s Public
requirements or accounts that have Written comments on the proposed Reference Room, 100 F Street NE,
significant exposures in futures subject rule change were not and are not Washington, DC 20549, on official
to customer gross margining intended to be solicited with respect to business days between the hours of
requirements. OCC believes that this the proposed rule change and none have 10:00 a.m. and 3:00 p.m. Copies of such
change is prudent from a risk been received. filing also will be available for
management perspective as it would III. Date of Effectiveness of the inspection and copying at the principal
better align each Clearing Member’s Proposed Rule Change and Timing for office of OCC and on OCC’s website at
contribution requirement with the risk it Commission Action https://www.theocc.com/components/
presents to OCC by requiring those docs/legal/rules_and_bylaws/sr_occ_18_
members that bring elevated levels of Within 45 days of the date of 008.pdf.
risk to contribute more to the Clearing publication of this notice in the Federal All comments received will be posted
Fund and thereby incentivize those Register or within such longer period without change. Persons submitting
firms to reduce the risk of their up to 90 days (i) as the Commission may comments are cautioned that we do not
exposures. As a result, OCC believes designate if it finds such longer period redact or edit personal identifying
that any impact on competition would to be appropriate and publishes its information from comment submissions.
be necessary and appropriate in reasons for so finding or (ii) as to which You should submit only information
furtherance of the purposes of the self-regulatory organization that you wish to make available
protecting investors and the public consents, the Commission will: publicly.
interest under the Act. (A) By order approve or disapprove All submissions should refer to File
the proposed rule change, or Number SR–OCC–2018–008 and should
OCC also proposes to modify the
(B) institute proceedings to determine be submitted on or before July 6, 2018.
volume component of its Clearing Fund
whether the proposed rule change
contribution allocation weighting For the Commission, by the Division of
should be disapproved.
methodology to provide that OCC would Trading and Markets, pursuant to delegated
use cleared volume, as opposed to IV. Solicitation of Comments authority.102
executed volume, in allocating Clearing Interested persons are invited to Eduardo A. Aleman,
Fund contribution requirements. OCC submit written data, views and Assistant Secretary.
believes that the proposed change also arguments concerning the foregoing, [FR Doc. 2018–12855 Filed 6–14–18; 8:45 am]
is designed to more appropriately including whether the proposed rule BILLING CODE 8011–01–P
allocate contribution requirements change is consistent with the Act.
commensurate to the risks posed by its Comments may be submitted by any of
Clearing Members by basing the volume the following methods: SECURITIES AND EXCHANGE
component of the allocation on where COMMISSION
the position is ultimately cleared, and Electronic Comments
where the risk is ultimately maintained, • Use the Commission’s internet [Release No. 34–83405; File No. SR–
as opposed to where it was executed. NASDAQ–2018–040]
comment form (http://www.sec.gov/
OCC notes that the Clearing Members rules/sro.shtml); or Self-Regulatory Organizations; The
most directly impacted by the proposed • Send an email to rule-comments@ Nasdaq Stock Market LLC; Notice of
change are execution-only Clearing sec.gov. Please include File Number SR– Filing and Immediate Effectiveness of
Members that directly give up trades OCC–2018–008 on the subject line. Proposed Rule Change To Amend the
through transfers to other Clearing
Paper Comments Descriptions of Certain Data Feeds
Members and do not to clear or carry
• Send paper comments in triplicate Within the Nasdaq Options Market
positions on a routine basis, and would
therefore generally see reduced to Brent J. Fields, Secretary, Securities June 11, 2018.
contribution requirements due to the and Exchange Commission, 100 F Street Pursuant to Section 19(b)(1) of the
change from executed volume to cleared NE, Washington, DC 20549–1090. Securities Exchange Act of 1934 (the
volume. OCC believes the overall All submissions should refer to File ‘‘Act’’),1 and Rule 19b–4 thereunder,2
impact to non-execution-only Clearing Number SR–OCC–2018–008. This file notice is hereby given that on May 30,
Members due only to the change to number should be included on the 2018, The Nasdaq Stock Market LLC
cleared volume would be minimal. As a subject line if email is used. To help the (‘‘Nasdaq’’ or ‘‘Exchange’’) filed with the
result, OCC does not believe the Commission process and review your Securities and Exchange Commission
proposed change would have an impact comments more efficiently, please use (‘‘Commission’’) the proposed rule
or impose a burden on competition. only one method. The Commission will change as described in Items I and II
OCC also proposes a number of non- post all comments on the Commission’s below, which Items have been prepared
material changes, such as relocating internet website (http://www.sec.gov/
sradovich on DSK3GMQ082PROD with NOTICES
by the Exchange. The Commission is
provisions of OCC’s By-Laws rules/sro.shtml). Copies of the publishing this notice to solicit
concerning the Clearing Fund to its submission, all subsequent comments on the proposed rule change
Rules, making other clarifying and amendments, all written statements from interested persons.
conforming changes to its Rules, Policy with respect to the proposed rule
and procedures, and clarifying certain change that are filed with the 102 17CFR 200.30–3(a)(12).
pro-cyclicality measures in its existing Commission, and all written 1 15 U.S.C. 78s(b)(1).
margin methodology, which are not communications relating to the 2 17 CFR 240.19b–4.
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![Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Notices 28041
offerings and conform the text of the 30-day operative delay is consistent printing in the Commission’s Public
offerings. The Exchange’s proposal to with the protection of investors and the Reference Room, 100 F Street NE,
correct an inadvertent error within public interest and, therefore, the Washington, DC 20549, on official
Chapter XV, Section 3 will clarify the Commission designates the proposed business days between the hours of
manner in which OTTO Ports are billed rule change to be operative upon 10:00 a.m. and 3:00 p.m. Copies of the
today on NOM. All OTTO Ports will filing.12 filing also will be available for
continue to be billed in a uniform At any time within 60 days of the inspection and copying at the principal
manner. filing of the proposed rule change, the office of the Exchange. All comments
Commission summarily may received will be posted without change.
C. Self-Regulatory Organization’s temporarily suspend such rule change if
Statement on Comments on the Persons submitting comments are
it appears to the Commission that such cautioned that we do not redact or edit
Proposed Rule Change Received From action is necessary or appropriate in the
Members, Participants, or Others personal identifying information from
public interest, for the protection of comment submissions. You should
No written comments were either investors, or otherwise in furtherance of submit only information that you wish
solicited or received. the purposes of the Act. If the to make available publicly. All
III. Date of Effectiveness of the Commission takes such action, the submissions should refer to File
Proposed Rule Change and Timing for Commission shall institute proceedings Number SR–NASDAQ–2018–040 and
Commission Action to determine whether the proposed rule should be submitted on or before July 6,
should be approved or disapproved. 2018.
Because the proposed rule change
does not: (i) Significantly affect the IV. Solicitation of Comments For the Commission, by the Division of
protection of investors or the public Interested persons are invited to Trading and Markets, pursuant to delegated
interest; (ii) impose any significant submit written data, views, and authority.13
burden on competition; and (iii) become arguments concerning the foregoing, Eduardo A. Aleman,
operative for 30 days from the date on including whether the proposed rule Assistant Secretary.
which it was filed, or such shorter time change is consistent with the Act.
[FR Doc. 2018–12854 Filed 6–14–18; 8:45 am]
as the Commission may designate, if Comments may be submitted by any of
consistent with the protection of the following methods: BILLING CODE 8011–01–P
investors and the public interest, the
proposed rule change has become Electronic Comments
effective pursuant to Section 19(b)(3)(A) • Use the Commission’s internet SECURITIES AND EXCHANGE
of the Act 8 and Rule 19b–4(f)(6) comment form (http://www.sec.gov/ COMMISSION
thereunder.9 rules/sro.shtml); or
A proposed rule change filed under • Send an email to rule-comments@ [Release No. 34–83402; File No. SR–
Rule 19b–4(f)(6) 10 normally does not sec.gov. Please include File Number SR– NYSEAMER–2018–23]
become operative for 30 days after the NASDAQ–2018–040 on the subject line.
date of filing. However, pursuant to Self-Regulatory Organizations; NYSE
Paper Comments
Rule 19b–4(f)(6)(iii),11 the Commission American LLC; Notice of Filing and
may designate a shorter time if such • Send paper comments in triplicate Immediate Effectiveness of Proposed
action is consistent with the protection to Secretary, Securities and Exchange Change To Amend the NYSE American
of investors and the public interest. The Commission, 100 F Street NE, Equities Price List and the NYSE
Exchange has asked the Commission to Washington, DC 20549–1090. American Options Fee Schedule
waive the 30-day operative delay so that All submissions should refer to File Related to Co-Location Services in
the proposal may become operative Number SR–NASDAQ–2018–040. This Connection With the Re-Launch of
upon filing. The Exchange states that file number should be included on the Trading on NYSE National, Inc. and
such waiver will allow it to update its subject line if email is used. To help the Proposed NYSE National Co-Location
rules to provide more detail regarding Commission process and review your Services
its data offerings and properly reflect comments more efficiently, please use
the manner in which an OTTO Port is only one method. The Commission will June 11, 2018.
currently billed. The Exchange believes post all comments on the Commission’s Pursuant to Section 19(b)(1) 1 of the
this will further the protection of internet website (http://www.sec.gov/ Securities Exchange Act of 1934 (the
investors and the public interest rules/sro.shtml). Copies of the ‘‘Act’’) 2 and Rule 19b–4 thereunder,3
because it will provide greater submission, all subsequent notice is hereby given that, on May 30,
transparency as to the data offerings amendments, all written statements 2018, NYSE American LLC (the
available to members and avoid with respect to the proposed rule ‘‘Exchange’’ or ‘‘NYSE American’’) filed
confusion by correcting an error on its change that are filed with the with the Securities and Exchange
fee schedule. For this reason, the Commission, and all written Commission (the ‘‘Commission’’) the
Commission believes that waiving the communications relating to the proposed rule change as described in
proposed rule change between the Items I and II below, which Items have
8 15 U.S.C. 78s(b)(3)(A). Commission and any person, other than been prepared by the self-regulatory
9 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– those that may be withheld from the organization. The Commission is
4(f)(6)(iii) requires the Exchange to give the public in accordance with the
sradovich on DSK3GMQ082PROD with NOTICES
Commission written notice the Exchange’s intent to publishing this notice to solicit
file the proposed rule change, along with a brief provisions of 5 U.S.C. 552, will be comments on the proposed rule change
description and text of the proposed rule change at available for website viewing and from interested persons.
least five business days prior to the date of filing
of the proposed rule change, or such shorter time 12 For purposes only of waiving the 30-day
13 17 CFR 200.30–3(a)(12).
as designated by the Commission. The Exchange operative delay, the Commission has also
has satisfied this requirement. considered the proposed rule’s impact on
1 15 U.S.C. 78s(b)(1).
10 17 CFR 240.19b–4(f)(6). 2 15 U.S.C. 78a.
efficiency, competition, and capital formation. See
11 17 CFR 240.19b–4(f)(6)(iii). 15 U.S.C. 78c(f). 3 17 CFR 240.19b–4.
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Document Created: 2018-11-02 12:00:46
Document Modified: 2018-11-02 12:00:46
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
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| Section | Notices | |
| FR Citation | 83 FR 28039 |
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