83 FR 29842 - Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Relocate the Exchange's Rules Pertaining to Co-location and Direct Connectivity

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 123 (June 26, 2018)

Page Range		29842-29843
FR Document		2018-13616
Federal Register, Volume 83 Issue 123 (Tuesday, June 26, 2018)
[Federal Register Volume 83, Number 123 (Tuesday, June 26, 2018)]
[Notices]
[Pages 29842-29843]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13616]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83478; File No. SR-ISE-2018-54]


Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Relocate the 
Exchange's Rules Pertaining to Co-location and Direct Connectivity

June 20, 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 June 5, 2018, Nasdaq ISE, LLC (``ISE'' or ``Exchange'') filed with 
the Securities and Exchange Commission (``Commission'') the proposed 
rule change as described in Items I and II below, which Items have been 
prepared by the Exchange. The Commission is publishing this notice to 
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to relocate the Exchange's rules pertaining 
to co-location and direct connectivity, which are presently at Section 
VI, subsections E (co-location) and F-H (direct connectivity) of the 
Exchange's Schedule of Fees, to the Exchange's new rulebook shell, 
entitled ``General Rules,'' at new General 8 (``Connectivity''), 
Sections 1 and 2, respectively.
    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 Exchange proposes to relocate its rules governing co-location 
and direct connectivity services, which presently comprise Section VI, 
subsections E (co-location) and F-H (direct connectivity) of the 
Exchange's Schedule of Fees. The Exchange proposes to establish, within 
its new rulebook shell,\3\ a new General 8 heading, entitled 
``Connectivity,'' to renumber Section VI, subsection E as Section 1 
thereunder, and to renumber Section VI, subsections F, G, and H as 
Section 2(a), (b), and (c) thereunder.\4\ The Exchange also proposes to 
update internal cross-references in the renumbered Rules.
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    \3\ Recently, the Exchange added a shell structure to its 
Rulebook with the purpose of improving efficiency and readability 
and to align its rules closer to those of its five sister exchanges: 
The Nasdaq Stock Exchange, LLC; Nasdaq BX, Inc.; Nasdaq PHLX LLC; 
Nasdaq GEMX, LLC; and Nasdaq MRX, LLC (together with ISE, the 
``Affiliated Exchanges''). See Securities Exchange Act Release No. 
82173 (November 29, 2017), 82 FR 57505 (December 5, 2017) (SR-ISE-
2017-102).
    \4\ The Exchange notes that as a consequence of this proposal, 
it will list its fees, in part, in Section VI of the Rulebook and, 
in part, in General 8.
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    The Exchange considers it appropriate to relocate these Rules to 
better organize its Rulebook. The other Affiliated Exchanges intend to 
propose similar reorganizations of their co-location and direct 
connectivity rules so that these rules will be harmonized among all of 
the Affiliated Exchanges.
    The relocation of the co-location and direct connectivity rules is 
part of the Exchange's continued effort to promote efficiency and 
conformity of its processes with those of its Affiliated Exchanges. The 
Exchange believes that moving the co-location and direct connectivity 
rules to their new location will facilitate the use of the Rulebook by 
Members of the Exchange who are members of other Affiliated Exchanges. 
Moreover, the proposed changes are of a non-substantive nature and will 
not amend the relocated rules other than to update their numbers and 
make conforming cross-reference changes.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act,\5\ in general, and furthers the objectives of Section 
6(b)(5) of the Act,\6\ in particular, in that it is designed to promote 
just and equitable principles of trade, to remove impediments to and 
perfect the mechanism of a free and open market and a national market 
system, and, in general to protect investors and the public interest, 
by improving the way its Rulebook is organized, providing ease of 
reference in locating co-location and direct connectivity rules, and 
harmonizing the Exchange's Rules with those of the other Affiliated 
Exchanges. As previously stated, the proposed Rule relocation is non-
substantive.
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    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
impose any burden on intermarket or intra-market competition that is 
not necessary or appropriate in furtherance of the purposes of the Act. 
The proposed changes do not impose a burden on competition because, as 
previously stated, they (i) are of a non-substantive nature, (ii) are 
intended to harmonize the Exchange's rules with those of its Affiliated 
Exchanges, and (iii) are intended to organize the Rulebook in a way 
that it will ease the Members' navigation and reading of the rules 
across the Affiliated Exchanges.

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

[[Page 29843]]

19(b)(3)(A) of the Act \7\ and Rule 19b-4(f)(6) thereunder.\8\
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    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) 
requires a self-regulatory organization to give the Commission 
written notice of its intent to file the proposed rule change, along 
with a brief description and text of the proposed rule change, at 
least five business days prior to the date of filing of the proposed 
rule change, or such shorter time as designated by the Commission. 
The Exchange has satisfied this requirement.
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    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the 
Act \9\ normally does not become operative for 30 days after the date 
of its filing. However, Rule 19b-4(f)(6)(iii) \10\ permits the 
Commission to designate a shorter time if such action is consistent 
with the protection of investors and the public interest. The Exchange 
has requested that the Commission waive the 30-day operative delay so 
that the proposed rule change may become operative upon filing. The 
proposed rule change merely relocates the co-location and direct 
connectivity rules in the Exchange's Schedule of Fees, as well as 
corrects a technical error.\11\ Accordingly, the Commission believes 
that waiver of the 30-day operative delay is consistent with the 
protection of investors and the public interest and hereby waives the 
operative delay and designates the proposed rule change operative upon 
filing.\12\
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    \9\ 17 CFR 240.19b-4(f)(6).
    \10\ 17 CFR 240.19b-4(f)(6)(iii).
    \11\ Specifically, with respect to Point of Presence (POP) 
Connectivity, the Exchange corrects an incorrect reference to GEMX 
in the rule text to ISE.
    \12\ For purposes only of waiving the 30-day operative delay, 
the Commission also has considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
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    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 change 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-2018-54 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-2018-54. 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-2018-54, and should be submitted on 
or before July 17, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-13616 Filed 6-25-18; 8:45 am]
BILLING CODE 8011-01-P
29842 Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Notices

Commission, c/o Candace Kenner, 100 F II. Self-Regulatory Organization’s members of other Affiliated Exchanges.
Street NE, Washington, DC 20549 or by Statement of the Purpose of, and Moreover, the proposed changes are of
sending an email to PRA_Mailbox@ Statutory Basis for, the Proposed Rule a non-substantive nature and will not
sec.gov. Comments must be submitted to Change amend the relocated rules other than to
OMB within 30 days of this notice. In its filing with the Commission, the update their numbers and make
Exchange included statements conforming cross-reference changes.
Dated: June 21, 2018.
Eduardo A. Aleman, concerning the purpose of and basis for 2. Statutory Basis
the proposed rule change and discussed
Assistant Secretary. The Exchange believes that its
any comments it received on the
[FR Doc. 2018–13680 Filed 6–25–18; 8:45 am] proposal is consistent with Section 6(b)
proposed rule change. The text of these
of the Act,5 in general, and furthers the
BILLING CODE 8011–01–P statements may be examined at the
objectives of Section 6(b)(5) of the Act,6
places specified in Item IV below. The
in particular, in that it is designed to
Exchange has prepared summaries, set
SECURITIES AND EXCHANGE promote just and equitable principles of
forth in sections A, B, and C below, of
COMMISSION trade, to remove impediments to and
the most significant aspects of such
perfect the mechanism of a free and
statements.
open market and a national market
[Release No. 34–83478; File No. SR–ISE–
A. Self-Regulatory Organization’s system, and, in general to protect
2018–54]
Statement of the Purpose of, and investors and the public interest, by
Self-Regulatory Organizations; Nasdaq Statutory Basis for, the Proposed Rule improving the way its Rulebook is
ISE, LLC; Notice of Filing and Change organized, providing ease of reference in
locating co-location and direct
Immediate Effectiveness of Proposed 1. Purpose
connectivity rules, and harmonizing the
Rule Change To Relocate the The Exchange proposes to relocate its Exchange’s Rules with those of the other
Exchange’s Rules Pertaining to Co- rules governing co-location and direct Affiliated Exchanges. As previously
location and Direct Connectivity connectivity services, which presently stated, the proposed Rule relocation is
June 20, 2018.
comprise Section VI, subsections E (co- non-substantive.
location) and F–H (direct connectivity)
Pursuant to Section 19(b)(1) of the of the Exchange’s Schedule of Fees. The B. Self-Regulatory Organization’s
Securities Exchange Act of 1934 Exchange proposes to establish, within Statement on Burden on Competition
(‘‘Act’’),1 and Rule 19b–4 thereunder,2 its new rulebook shell,3 a new General The Exchange does not believe that
notice is hereby given that on June 5, 8 heading, entitled ‘‘Connectivity,’’ to the proposed rule change will impose
2018, Nasdaq ISE, LLC (‘‘ISE’’ or renumber Section VI, subsection E as any burden on intermarket or intra-
‘‘Exchange’’) filed with the Securities Section 1 thereunder, and to renumber market competition that is not necessary
and Exchange Commission Section VI, subsections F, G, and H as or appropriate in furtherance of the
(‘‘Commission’’) the proposed rule Section 2(a), (b), and (c) thereunder.4 purposes of the Act. The proposed
change as described in Items I and II The Exchange also proposes to update changes do not impose a burden on
below, which Items have been prepared internal cross-references in the competition because, as previously
by the Exchange. The Commission is renumbered Rules. stated, they (i) are of a non-substantive
publishing this notice to solicit The Exchange considers it appropriate nature, (ii) are intended to harmonize
comments on the proposed rule change to relocate these Rules to better organize the Exchange’s rules with those of its
from interested persons. its Rulebook. The other Affiliated Affiliated Exchanges, and (iii) are
Exchanges intend to propose similar intended to organize the Rulebook in a
I. Self-Regulatory Organization’s reorganizations of their co-location and way that it will ease the Members’
Statement of the Terms of Substance of direct connectivity rules so that these navigation and reading of the rules
the Proposed Rule Change rules will be harmonized among all of across the Affiliated Exchanges.
the Affiliated Exchanges.
The Exchange proposes to relocate the The relocation of the co-location and C. Self-Regulatory Organization’s
Exchange’s rules pertaining to co- direct connectivity rules is part of the Statement on Comments on the
location and direct connectivity, which Exchange’s continued effort to promote Proposed Rule Change Received From
are presently at Section VI, subsections efficiency and conformity of its Members, Participants, or Others
E (co-location) and F–H (direct processes with those of its Affiliated No written comments were either
connectivity) of the Exchange’s Exchanges. The Exchange believes that solicited or received.
Schedule of Fees, to the Exchange’s new moving the co-location and direct
III. Date of Effectiveness of the
rulebook shell, entitled ‘‘General connectivity rules to their new location
Proposed Rule Change and Timing for
Rules,’’ at new General 8 will facilitate the use of the Rulebook by
Commission Action
(‘‘Connectivity’’), Sections 1 and 2, Members of the Exchange who are
Because the foregoing proposed rule
respectively.
3 Recently, the Exchange added a shell structure change does not: (i) Significantly affect
The text of the proposed rule change to its Rulebook with the purpose of improving the protection of investors or the public
is available on the Exchange’s website at efficiency and readability and to align its rules interest; (ii) impose any significant
closer to those of its five sister exchanges: The
sradovich on DSK3GMQ082PROD with NOTICES

http://ise.cchwallstreet.com/, at the Nasdaq Stock Exchange, LLC; Nasdaq BX, Inc.; burden on competition; and (iii) become
principal office of the Exchange, and at Nasdaq PHLX LLC; Nasdaq GEMX, LLC; and operative for 30 days from the date on
the Commission’s Public Reference Nasdaq MRX, LLC (together with ISE, the which it was filed, or such shorter time
Room. ‘‘Affiliated Exchanges’’). See Securities Exchange as the Commission may designate, it has
Act Release No. 82173 (November 29, 2017), 82 FR
57505 (December 5, 2017) (SR–ISE–2017–102). become effective pursuant to Section
4 The Exchange notes that as a consequence of
1 15 U.S.C. 78s(b)(1). 5 15
this proposal, it will list its fees, in part, in Section U.S.C. 78f(b).
2 17 CFR 240.19b–4. VI of the Rulebook and, in part, in General 8. 6 15 U.S.C. 78f(b)(5).

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Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Notices 29843

19(b)(3)(A) of the Act 7 and Rule 19b– Electronic Comments SECURITIES AND EXCHANGE
4(f)(6) thereunder.8 COMMISSION
• Use the Commission’s internet
A proposed rule change filed comment form (http://www.sec.gov/ [Release No. 34–83485; File No. SR–OCC–
pursuant to Rule 19b–4(f)(6) under the rules/sro.shtml); or 2017–021]
Act 9 normally does not become
operative for 30 days after the date of its • Send an email to rule-comments@ Self-Regulatory Organizations;
filing. However, Rule 19b–4(f)(6)(iii) 10 sec.gov. Please include File Number SR– Options Clearing Corporation; Notice
permits the Commission to designate a ISE–2018–54 on the subject line. of Designation of Longer Period for
shorter time if such action is consistent Commission Action on Proceedings To
Paper Comments
with the protection of investors and the Determine Whether To Approve or
public interest. The Exchange has • Send paper comments in triplicate Disapprove a Proposed Rule
requested that the Commission waive to Secretary, Securities and Exchange Concerning Updates to and
the 30-day operative delay so that the Commission, 100 F Street NE, Formalization of OCC’s Recovery and
proposed rule change may become Washington, DC 20549–1090. Orderly Wind-Down Plan
operative upon filing. The proposed rule June 20, 2018.
change merely relocates the co-location All submissions should refer to File
Number SR–ISE–2018–54. This file On December 8, 2017, The Options
and direct connectivity rules in the Clearing Corporation (‘‘OCC’’) filed with
Exchange’s Schedule of Fees, as well as number should be included on the
subject line if email is used. To help the the Securities and Exchange
corrects a technical error.11 Commission (‘‘Commission’’) proposed
Accordingly, the Commission believes Commission process and review your
rule change SR–OCC–2017–021
that waiver of the 30-day operative comments more efficiently, please use
(‘‘Proposed Rule Change’’) pursuant to
delay is consistent with the protection only one method. The Commission will
Section 19(b)(1) of the Securities
of investors and the public interest and post all comments on the Commission’s
Exchange Act of 1934 (‘‘Act’’),1 and
hereby waives the operative delay and internet website (http://www.sec.gov/ Rule 19b-4 thereunder,2 concerning
designates the proposed rule change rules/sro.shtml). Copies of the enhanced and new tools for recovery
operative upon filing.12 submission, all subsequent scenarios.3 The Proposed Rule Change
At any time within 60 days of the amendments, all written statements was published for comment in the
filing of the proposed rule change, the with respect to the proposed rule Federal Register on December 26,
Commission summarily may change that are filed with the 2017.4 To date, the Commission has
temporarily suspend such rule change if Commission, and all written received one comment letter to the
it appears to the Commission that such communications relating to the Proposed Rule Change.5 On March 22,
action is necessary or appropriate in the proposed rule change between the 2018, the Commission instituted
public interest, for the protection of Commission and any person, other than proceedings under Section 19(b)(2)(B)(i)
investors, or otherwise in furtherance of those that may be withheld from the of the Act 6 to determine whether to
the purposes of the Act. If the public in accordance with the approve or disapprove the Proposed
Commission takes such action, the provisions of 5 U.S.C. 552, will be Rule Change.7
Commission shall institute proceedings available for website viewing and Section 19(b)(2)(B)(ii) of the Act
to determine whether the proposed rule printing in the Commission’s Public provides that, after initiating
change should be approved or Reference Room, 100 F Street NE, proceedings, the Commission shall issue
disapproved. Washington, DC 20549 on official an order approving or disapproving the
business days between the hours of
IV. Solicitation of Comments 1 15 U.S.C. 78s(b)(1).
10:00 a.m. and 3:00 p.m. Copies of the 2 17 CFR 240.19b–4.
Interested persons are invited to filing also will be available for 3 On December 8, 2017, OCC also filed a related

submit written data, views, and inspection and copying at the principal advance notice (SR–OCC–2017–810) with the
arguments concerning the foregoing, office of the Exchange. All comments Commission pursuant to Section 806(e)(1) of Title
VIII of the Dodd-Frank Wall Street Reform and
including whether the proposed rule received will be posted without change. Consumer Protection Act, entitled the Payment,
change is consistent with the Act. Persons submitting comments are Clearing, and Settlement Supervision Act of 2010
Comments may be submitted by any of cautioned that we do not redact or edit and Rule 19b–4(n)(1)(i) under the Act (‘‘Advance
the following methods: personal identifying information from Notice’’). 12 U.S.C. 5465(e)(1) and 17 CFR 240.19b–
4(n)(1)(i), respectively. The Advance Notice was
comment submissions. You should published in the Federal Register on January 23,
7 15 U.S.C. 78s(b)(3)(A). submit only information that you wish 2018. Securities Exchange Act Release No. 82513
8 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– (Jan. 17, 2018), 83 FR 3224 (Jan. 23, 2018) (SR–
to make available publicly. All
4(f)(6)(iii) requires a self-regulatory organization to OCC–2017–810).
give the Commission written notice of its intent to
submissions should refer to File 4 Securities Exchange Act Release No. 82352 (Dec.
file the proposed rule change, along with a brief Number SR–ISE–2018–54, and should 19, 2017), 82 FR 61072 (Dec. 26, 2017) (SR–OCC–
description and text of the proposed rule change, be submitted on or before July 17, 2018. 2017–021) (‘‘Notice’’).
at least five business days prior to the date of filing 5 See Letter from Jacqueline H. Mesa, Senior Vice
of the proposed rule change, or such shorter time For the Commission, by the Division of President of Global Policy, FIA, dated Jan. 16, 2018,
as designated by the Commission. The Exchange Trading and Markets, pursuant to delegated available at https://www.sec.gov/comments/sr-occ-
has satisfied this requirement. authority.13 2017-020/occ2017020.htm. Since the proposal
9 17 CFR 240.19b–4(f)(6).
contained in the Proposed Rule Change was also
sradovich on DSK3GMQ082PROD with NOTICES

10 17 CFR 240.19b–4(f)(6)(iii). Eduardo A. Aleman, filed as an Advance Notice, the Commission is
11 Specifically, with respect to Point of Presence Assistant Secretary. considering all public comments received on the
(POP) Connectivity, the Exchange corrects an [FR Doc. 2018–13616 Filed 6–25–18; 8:45 am] proposal regardless of whether the comments are
incorrect reference to GEMX in the rule text to ISE. submitted to the Proposed Rule Change or the
12 For purposes only of waiving the 30-day BILLING CODE 8011–01–P Advance Notice.
6 15 U.S.C. 78s(b)(2)(B)(i).
operative delay, the Commission also has
considered the proposed rule’s impact on 7 See Securities Exchange Act Release No. 82927

efficiency, competition, and capital formation. See (March 22, 2018), 83 FR 13176 (March 27, 2018)
15 U.S.C. 78c(f). 13 17 CFR 200.30–3(a)(12). (SR–OCC–2018–021).

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Document Created: 2018-06-26 00:51:34
Document Modified: 2018-06-26 00:51:34
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		83 FR 29842