83_FR_31329 83 FR 31201 - Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Firm Participation Guarantee for a Floor Broker

83 FR 31201 - Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Firm Participation Guarantee for a Floor Broker

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 128 (July 3, 2018)

Page Range31201-31203
FR Document2018-14301

Federal Register, Volume 83 Issue 128 (Tuesday, July 3, 2018)
[Federal Register Volume 83, Number 128 (Tuesday, July 3, 2018)]
[Notices]
[Pages 31201-31203]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-14301]


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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83547; File No. SR-Phlx-2018-48]


Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Amend the Firm 
Participation Guarantee for a Floor Broker

June 28, 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 14, 2018, Nasdaq PHLX LLC (``Phlx'' or ``Exchange'') filed with 
the Securities and Exchange Commission (``SEC'' or ``Commission'') the 
proposed rule change as described in Items I and II, below, which Items 
have been prepared by the Exchange. The Commission is publishing this 
notice to solicit comments on the proposed rule change from interested 
persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend Commentary .02 to Rule 1064.
    The text of the proposed rule change is available on the Exchange's 
website at http://nasdaqphlx.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 amend Rule 1064 entitled ``Crossing, 
Facilitation and Solicited Orders.'' Specifically, the Exchange 
proposes to amend Commentary .02(ii) to Rule 1064 to amend the firm 
participation guarantee for a Floor Broker.
    Today, Phlx offers certain firm participation guarantees to a Floor 
Broker who holds an equity, index or U.S. dollar-settled foreign 
currency option order of the eligible order size or greater (``original 
order''), the Floor Broker is entitled to cross a certain percentage of 
the original order with other orders that he is holding or in the case 
of a public customer order, with a facilitation order of the 
originating firm (i.e., the firm from which the original customer order 
originated). Today, the Exchange may determine, on an option by option 
basis, the eligible size for an order that may be transacted pursuant 
to this Commentary, however, the eligible order size may not be less 
than 500 contracts. Orders for less than 500 contracts may be crossed 
pursuant to Rule 1064 but are not subject to Commentary .02, subsection 
(iii) to Rule 1064 pertaining to participation guarantees. Similar to 
Cboe Exchange, Inc. (``CBOE'') the Exchange proposes to lower the 
eligible minimum order size from 500 to not less than 50 contracts.\3\ 
The Commission noted in an approval of the reduction from 500 to 50 for 
CBOE that it had already approved the facilitation mechanism of ISE, 
which guarantees 40% of orders to facilitating firms for order sizes of 
50 or more contracts.\4\ In that approval order the Exchange approved 
the reduction in the size requirement, from 500 to 50 contracts, 
because the CBOE proposal raised no new regulatory issues.\5\ The 
Commission noted that it will benefit options market participants by 
allowing

[[Page 31202]]

for substantially consistent treatment of crossing mechanisms under the 
rules of the ISE and the CBOE, and will allow the CBOE to compete 
without disadvantage for facilitation orders.\6\
---------------------------------------------------------------------------

    \3\ See CBOE Rule 6.74(d).
    \4\ See Securities Exchange Act Release No. 42835 (May 26, 
2000), 65 FR 35683 (June 5, 2000) (SR-CBOE-99-10) (Order Approving 
Proposed Rule Change and Notice of Filing and Order Granting 
Accelerated Approval to Amendment Nos. 1, 2, and 3 to the Proposed 
Rule Change by the Chicago Board Options Exchange, Inc., Relating to 
Participation Rights for Firms Crossing Orders.)
    \5\ Id.
    \6\ Id.
---------------------------------------------------------------------------

    The Exchange notes that, today, Rule 1064, Commentary .02 provides 
that if the same member organization is the originating firm and also 
the specialist for the particular class of options to which the order 
relates, then the specialist is not entitled to any Enhanced Specialist 
Participation with respect to the particular cross transaction. The 
Exchange notes that this limitation is not being amended with this 
proposal. The specialist would not be able to obtain an allocation in 
excess of the 40% allocation.
    The Exchange believes that this reduction from 500 to 50 contracts 
for the firm participation guarantee will continue to incentivize floor 
brokers to execute crossing orders on Phlx. The Exchange continues to 
reward the market participant that brought together market participants 
and executed orders on its trading floor. Further, the reduced contract 
size will benefit options market participants by allowing for 
substantially consistent treatment of crossing mechanisms with 
competing options venues. As noted in the CBOE proposal, today other 
competing mechanisms offer guarantees of 40% of orders to facilitating 
firms for order sizes of 50 or more contracts.\7\ The Exchange believes 
that the ability to obtain a 40% guarantee on smaller sized orders will 
incentivize market participants to competitively price trades in order 
to execute a greater number of smaller orders. The Exchange believes 
that the incentive encourages competition on Phlx and in turn benefits 
market participants in terms of competitive pricing for those orders.
---------------------------------------------------------------------------

    \7\ See note 4 above.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act,\8\ in general, and furthers the objectives of Section 
6(b)(5) of the Act,\9\ in particular, in that it is designed to promote 
just and equitable principles of trade and to protect investors and the 
public interest by amending the eligible minimum order size within 
Commentary .02(ii) of Rule 1064, from 500 to not less than 50 
contracts, to promote competition.
---------------------------------------------------------------------------

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

    The Exchange's proposal to lower the current eligible minimum order 
size in Commentary .02(ii) of Rule 1064 from 500 to not less than 50 
contracts is consistent with the Act as it should promote just and 
equitable principles of trade by allowing for substantially consistent 
treatment of crossing mechanisms with CBOE. Phlx market participants 
would be permitted to compete without disadvantage for facilitation 
orders with CBOE which today has the eligibility size proposed by 
Phlx.\10\
---------------------------------------------------------------------------

    \10\ See note 4 above.
---------------------------------------------------------------------------

    The Exchange believes that this reduction from 500 to 50 contracts 
for the firm participation guarantee will continue to incentivize floor 
brokers to execute crossing orders on Phlx. The Exchange continues to 
reward the market participant that brought together market participants 
and executed orders on its trading floor. Further, the reduced contract 
size will benefit options market participants by allowing for 
substantially consistent treatment of crossing mechanisms with 
competing options venues.

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

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition not necessary or appropriate in 
furtherance of the purposes of the Act. The amendment to Commentary 
.02(ii) of Rule 1064 does not impose an undue burden on intra-market 
competition because the proposed rule change will apply uniformly to 
all market participants. The Exchange currently has a competitive 
market for orders of 500 contracts or more, notwithstanding the current 
40% firm participation guarantee for these orders, and therefore 
believes that extending this treatment to orders of 50 contracts or 
more (similar to other markets) will not have a significant impact on 
competition. The firm participation guarantee is designed as an 
incentive to market participants that bring order flow to the Phlx 
floor and is similar to allocation entitlements that exist on other 
floor based and electronic markets. The Commission has consistently 
found that rules entitling a market participant or participants up to 
40% of an order are not inconsistent with the statutory standards of 
competition and free and open markets, including in approving the 
Exchange's own firm participation guarantee.\11\ The Exchange believes 
that adopting a lower size threshold for this guarantee will benefit 
Phlx market participants by encouraging greater order flow and 
therefore increased opportunities for all market participants to trade, 
while ensuring that the trading crowd can still compete for a large 
portion of such orders. Furthermore, the proposal does not create an 
undue burden on inter-market competition because market participants 
would be permitted to compete without disadvantage for facilitation 
orders with CBOE. As noted in the CBOE proposal, today other competing 
mechanisms offer guarantees of 40% of orders to facilitating firms for 
order sizes of 50 or more contracts.\12\ The Exchange believes the 
guarantee may incentivize an increase in the flow of smaller orders to 
the trading floor because it will encourage market participants to 
offer competitive pricing in order to interact with that order flow.
---------------------------------------------------------------------------

    \11\ See Securities Exchange Act Release No. 47819 (May 8, 
2003), 68 FR 25924 (May 14, 2003) (SR-Phlx-2002-17) (Approval 
Order).
    \12\ See note 4 above.
---------------------------------------------------------------------------

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 \13\ and 
subparagraph (f)(6) of Rule 19b-4 thereunder.\14\
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \14\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6) 
requires a self-regulatory organization to give the Commission 
written notice of its intent to file the proposed rule change at 
least five business days prior to the date of filing of the proposed 
rule change, or such shorter time as designated by the Commission. 
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \15\ normally 
does not become operative prior to 30 days after the date of the 
filing. However, pursuant to Rule 19b4(f)(6)(iii),\16\ the Commission 
may designate a shorter time if such action is consistent with the 
protection of investors and the public interest. The Exchange requests 
that the Commission waive the 30-day operative delay so that the 
proposed rule changes may become operative immediately upon filing. The 
Exchange believes that waiver of the operative delay would allow the 
Exchange to more effectively compete

[[Page 31203]]

with CBOE by offering a firm participation allocation with the same 
eligibility size that CBOE currently offers. Additionally, the 
Commission notes that the proposed rule change is based on the current 
rules of CBOE \17\ and that it recently approved a similar rule change 
for the BOX Options Exchange LLC.\18\ As such, the Commission believes 
that waiving the 30-day operative delay is consistent with the 
protection of investors and the public interest. Accordingly, the 
Commission waives the 30-day operative delay and designates the 
proposed rule change operative upon filing.\19\
---------------------------------------------------------------------------

    \15\ 17 CFR 240.19b-4(f)(6).
    \16\ 17 CFR 240.19b-4(f)(6)(iii).
    \17\ See supra note 4.
    \18\ See Securities Exchange Act Release No. 82456 (January, 8, 
2008), 83 FR 1651 (January 12, 2018) (SR-BOX-2017-33) (Approval 
Order).
    \19\ For purposes only of waiving the 30-day operative delay, 
the Commission has considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is: (i) 
Necessary or appropriate in the public interest; (ii) for the 
protection of investors; or (iii) otherwise in furtherance of the 
purposes of the Act. If the Commission takes such action, the 
Commission shall institute proceedings to determine whether the 
proposed rule should be approved or disapproved.

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 rule-comments@sec.gov. Please include 
File Number SR-Phlx-2018-48 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-Phlx-2018-48. 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-Phlx-2018-48 and should be submitted on 
or before July 24, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\20\
---------------------------------------------------------------------------

    \20\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-14301 Filed 7-2-18; 8:45 am]
BILLING CODE 8011-01-P



                                                                                 Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Notices                                                     31201

                                                Commission summarily may                                 submit only information that you wish                    statements may be examined at the
                                                temporarily suspend such rule change if                  to make available publicly. All                          places specified in Item IV below. The
                                                it appears to the Commission that such                   submissions should refer to File                         Exchange has prepared summaries, set
                                                action is: (i) Necessary or appropriate in               Number SR–CboeBZX–2018–042, and                          forth in sections A, B, and C below, of
                                                the public interest; (ii) for the protection             should be submitted on or before July                    the most significant aspects of such
                                                of investors; or (iii) otherwise in                      24, 2018.                                                statements.
                                                furtherance of the purposes of the Act.                    For the Commission, by the Division of                 A. Self-Regulatory Organization’s
                                                If the Commission takes such action, the                 Trading and Markets, pursuant to delegated               Statement of the Purpose of, and
                                                Commission shall institute proceedings                   authority.36                                             Statutory Basis for, the Proposed Rule
                                                to determine whether the proposed rule                   Eduardo A. Aleman,                                       Change
                                                should be approved or disapproved.                       Assistant Secretary.
                                                                                                                                                                  1. Purpose
                                                IV. Solicitation of Comments                             [FR Doc. 2018–14297 Filed 7–2–18; 8:45 am]
                                                                                                         BILLING CODE 8011–01–P                                      The Exchange proposes to amend
                                                  Interested persons are invited to
                                                                                                                                                                  Rule 1064 entitled ‘‘Crossing,
                                                submit written data, views, and
                                                                                                                                                                  Facilitation and Solicited Orders.’’
                                                arguments concerning the foregoing,
                                                                                                         SECURITIES AND EXCHANGE                                  Specifically, the Exchange proposes to
                                                including whether the proposed rule
                                                                                                         COMMISSION                                               amend Commentary .02(ii) to Rule 1064
                                                change is consistent with the Act.
                                                                                                                                                                  to amend the firm participation
                                                Comments may be submitted by any of                      [Release No. 34–83547; File No. SR–Phlx–
                                                                                                         2018–48]                                                 guarantee for a Floor Broker.
                                                the following methods:                                                                                               Today, Phlx offers certain firm
                                                Electronic Comments                                      Self-Regulatory Organizations; Nasdaq                    participation guarantees to a Floor
                                                  • Use the Commission’s internet                        PHLX LLC; Notice of Filing and                           Broker who holds an equity, index or
                                                comment form (http://www.sec.gov/                        Immediate Effectiveness of Proposed                      U.S. dollar-settled foreign currency
                                                rules/sro.shtml); or                                     Rule Change To Amend the Firm                            option order of the eligible order size or
                                                  • Send an email to rule-comments@                      Participation Guarantee for a Floor                      greater (‘‘original order’’), the Floor
                                                sec.gov. Please include File Number SR–                  Broker                                                   Broker is entitled to cross a certain
                                                CboeBZX–2018–042 on the subject line.                                                                             percentage of the original order with
                                                                                                         June 28, 2018.                                           other orders that he is holding or in the
                                                Paper Comments                                              Pursuant to Section 19(b)(1) of the                   case of a public customer order, with a
                                                   • Send paper comments in triplicate                   Securities Exchange Act of 1934                          facilitation order of the originating firm
                                                to Secretary, Securities and Exchange                    (‘‘Act’’),1 and Rule 19b–4 thereunder,2                  (i.e., the firm from which the original
                                                Commission, 100 F Street NE,                             notice is hereby given that on June 14,                  customer order originated). Today, the
                                                Washington, DC 20549–1090.                               2018, Nasdaq PHLX LLC (‘‘Phlx’’ or                       Exchange may determine, on an option
                                                All submissions should refer to File                     ‘‘Exchange’’) filed with the Securities                  by option basis, the eligible size for an
                                                Number SR–CboeBZX–2018–042. This                         and Exchange Commission (‘‘SEC’’ or                      order that may be transacted pursuant to
                                                file number should be included on the                    ‘‘Commission’’) the proposed rule                        this Commentary, however, the eligible
                                                subject line if email is used. To help the               change as described in Items I and II,                   order size may not be less than 500
                                                Commission process and review your                       below, which Items have been prepared                    contracts. Orders for less than 500
                                                comments more efficiently, please use                    by the Exchange. The Commission is                       contracts may be crossed pursuant to
                                                only one method. The Commission will                     publishing this notice to solicit                        Rule 1064 but are not subject to
                                                post all comments on the Commission’s                    comments on the proposed rule change                     Commentary .02, subsection (iii) to Rule
                                                internet website (http://www.sec.gov/                    from interested persons.                                 1064 pertaining to participation
                                                rules/sro.shtml). Copies of the                                                                                   guarantees. Similar to Cboe Exchange,
                                                                                                         I. Self-Regulatory Organization’s                        Inc. (‘‘CBOE’’) the Exchange proposes to
                                                submission, all subsequent                               Statement of the Terms of Substance of
                                                amendments, all written statements                                                                                lower the eligible minimum order size
                                                                                                         the Proposed Rule Change                                 from 500 to not less than 50 contracts.3
                                                with respect to the proposed rule
                                                                                                            The Exchange proposes to amend                        The Commission noted in an approval
                                                change that are filed with the
                                                                                                         Commentary .02 to Rule 1064.                             of the reduction from 500 to 50 for
                                                Commission, and all written                                 The text of the proposed rule change
                                                communications relating to the                                                                                    CBOE that it had already approved the
                                                                                                         is available on the Exchange’s website at                facilitation mechanism of ISE, which
                                                proposed rule change between the                         http://nasdaqphlx.cchwallstreet.com/,
                                                Commission and any person, other than                                                                             guarantees 40% of orders to facilitating
                                                                                                         at the principal office of the Exchange,                 firms for order sizes of 50 or more
                                                those that may be withheld from the                      and at the Commission’s Public
                                                public in accordance with the                                                                                     contracts.4 In that approval order the
                                                                                                         Reference Room.                                          Exchange approved the reduction in the
                                                provisions of 5 U.S.C. 552, will be
                                                available for website viewing and                        II. Self-Regulatory Organization’s                       size requirement, from 500 to 50
                                                printing in the Commission’s Public                      Statement of the Purpose of, and                         contracts, because the CBOE proposal
                                                Reference Room, 100 F Street NE,                         Statutory Basis for, the Proposed Rule                   raised no new regulatory issues.5 The
                                                Washington, DC 20549, on official                        Change                                                   Commission noted that it will benefit
                                                business days between the hours of                                                                                options market participants by allowing
                                                                                                            In its filing with the Commission, the
                                                10:00 a.m. and 3:00 p.m. Copies of the                   Exchange included statements                               3 See  CBOE Rule 6.74(d).
                                                filing also will be available for
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                         concerning the purpose of and basis for                    4 See  Securities Exchange Act Release No. 42835
                                                inspection and copying at the principal                  the proposed rule change and discussed                   (May 26, 2000), 65 FR 35683 (June 5, 2000) (SR–
                                                office of the Exchange. All comments                     any comments it received on the                          CBOE–99–10) (Order Approving Proposed Rule
                                                received will be posted without change.                  proposed rule change. The text of these                  Change and Notice of Filing and Order Granting
                                                Persons submitting comments are                                                                                   Accelerated Approval to Amendment Nos. 1, 2, and
                                                                                                                                                                  3 to the Proposed Rule Change by the Chicago
                                                cautioned that we do not redact or edit                       36 17 CFR 200.30–3(a)(12) and (59).                 Board Options Exchange, Inc., Relating to
                                                personal identifying information from                         1 15 U.S.C. 78s(b)(1).                              Participation Rights for Firms Crossing Orders.)
                                                comment submissions. You should                               2 17 CFR 240.19b–4.                                    5 Id.




                                           VerDate Sep<11>2014   17:07 Jul 02, 2018   Jkt 244001   PO 00000     Frm 00085   Fmt 4703   Sfmt 4703    E:\FR\FM\03JYN1.SGM     03JYN1


                                                31202                             Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Notices

                                                for substantially consistent treatment of                 500 to not less than 50 contracts is                    therefore increased opportunities for all
                                                crossing mechanisms under the rules of                    consistent with the Act as it should                    market participants to trade, while
                                                the ISE and the CBOE, and will allow                      promote just and equitable principles of                ensuring that the trading crowd can still
                                                the CBOE to compete without                               trade by allowing for substantially                     compete for a large portion of such
                                                disadvantage for facilitation orders.6                    consistent treatment of crossing                        orders. Furthermore, the proposal does
                                                   The Exchange notes that, today, Rule                   mechanisms with CBOE. Phlx market                       not create an undue burden on inter-
                                                1064, Commentary .02 provides that if                     participants would be permitted to                      market competition because market
                                                the same member organization is the                       compete without disadvantage for                        participants would be permitted to
                                                originating firm and also the specialist                  facilitation orders with CBOE which                     compete without disadvantage for
                                                for the particular class of options to                    today has the eligibility size proposed                 facilitation orders with CBOE. As noted
                                                which the order relates, then the                         by Phlx.10                                              in the CBOE proposal, today other
                                                specialist is not entitled to any                            The Exchange believes that this                      competing mechanisms offer guarantees
                                                Enhanced Specialist Participation with                    reduction from 500 to 50 contracts for                  of 40% of orders to facilitating firms for
                                                respect to the particular cross                           the firm participation guarantee will                   order sizes of 50 or more contracts.12
                                                transaction. The Exchange notes that                      continue to incentivize floor brokers to                The Exchange believes the guarantee
                                                this limitation is not being amended                      execute crossing orders on Phlx. The                    may incentivize an increase in the flow
                                                with this proposal. The specialist would                  Exchange continues to reward the                        of smaller orders to the trading floor
                                                not be able to obtain an allocation in                    market participant that brought together                because it will encourage market
                                                excess of the 40% allocation.                             market participants and executed orders                 participants to offer competitive pricing
                                                   The Exchange believes that this                        on its trading floor. Further, the reduced              in order to interact with that order flow.
                                                reduction from 500 to 50 contracts for                    contract size will benefit options market               C. Self-Regulatory Organization’s
                                                the firm participation guarantee will                     participants by allowing for                            Statement on Comments on the
                                                continue to incentivize floor brokers to                  substantially consistent treatment of                   Proposed Rule Change Received From
                                                execute crossing orders on Phlx. The                      crossing mechanisms with competing                      Members, Participants, or Others
                                                Exchange continues to reward the                          options venues.
                                                market participant that brought together                                                                            No written comments were either
                                                market participants and executed orders                   B. Self-Regulatory Organization’s                       solicited or received.
                                                on its trading floor. Further, the reduced                Statement on Burden on Competition
                                                                                                                                                                  III. Date of Effectiveness of the
                                                contract size will benefit options market                    The Exchange does not believe that                   Proposed Rule Change and Timing for
                                                participants by allowing for                              the proposed rule change will impose                    Commission Action
                                                substantially consistent treatment of                     any burden on competition not
                                                                                                          necessary or appropriate in furtherance                    Because the foregoing proposed rule
                                                crossing mechanisms with competing
                                                                                                          of the purposes of the Act. The                         change does not: (i) Significantly affect
                                                options venues. As noted in the CBOE
                                                                                                          amendment to Commentary .02(ii) of                      the protection of investors or the public
                                                proposal, today other competing
                                                                                                          Rule 1064 does not impose an undue                      interest; (ii) impose any significant
                                                mechanisms offer guarantees of 40% of
                                                                                                          burden on intra-market competition                      burden on competition; and (iii) become
                                                orders to facilitating firms for order
                                                                                                          because the proposed rule change will                   operative for 30 days from the date on
                                                sizes of 50 or more contracts.7 The
                                                                                                                                                                  which it was filed, or such shorter time
                                                Exchange believes that the ability to                     apply uniformly to all market
                                                                                                                                                                  as the Commission may designate, it has
                                                obtain a 40% guarantee on smaller sized                   participants. The Exchange currently
                                                                                                                                                                  become effective pursuant to Section
                                                orders will incentivize market                            has a competitive market for orders of
                                                                                                                                                                  19(b)(3)(A)(iii) of the Act 13 and
                                                participants to competitively price                       500 contracts or more, notwithstanding
                                                                                                                                                                  subparagraph (f)(6) of Rule 19b–4
                                                trades in order to execute a greater                      the current 40% firm participation
                                                                                                                                                                  thereunder.14
                                                number of smaller orders. The Exchange                    guarantee for these orders, and therefore                  A proposed rule change filed under
                                                believes that the incentive encourages                    believes that extending this treatment to               Rule 19b–4(f)(6) 15 normally does not
                                                competition on Phlx and in turn                           orders of 50 contracts or more (similar                 become operative prior to 30 days after
                                                benefits market participants in terms of                  to other markets) will not have a                       the date of the filing. However, pursuant
                                                competitive pricing for those orders.                     significant impact on competition. The                  to Rule 19b4(f)(6)(iii),16 the Commission
                                                                                                          firm participation guarantee is designed                may designate a shorter time if such
                                                2. Statutory Basis                                        as an incentive to market participants                  action is consistent with the protection
                                                   The Exchange believes that its                         that bring order flow to the Phlx floor                 of investors and the public interest. The
                                                proposal is consistent with Section 6(b)                  and is similar to allocation entitlements               Exchange requests that the Commission
                                                of the Act,8 in general, and furthers the                 that exist on other floor based and                     waive the 30-day operative delay so that
                                                objectives of Section 6(b)(5) of the Act,9                electronic markets. The Commission has                  the proposed rule changes may become
                                                in particular, in that it is designed to                  consistently found that rules entitling a               operative immediately upon filing. The
                                                promote just and equitable principles of                  market participant or participants up to                Exchange believes that waiver of the
                                                trade and to protect investors and the                    40% of an order are not inconsistent                    operative delay would allow the
                                                public interest by amending the eligible                  with the statutory standards of                         Exchange to more effectively compete
                                                minimum order size within                                 competition and free and open markets,
                                                Commentary .02(ii) of Rule 1064, from                     including in approving the Exchange’s                     12 See  note 4 above.
                                                500 to not less than 50 contracts, to                     own firm participation guarantee.11 The                   13 15  U.S.C. 78s(b)(3)(A)(iii).
                                                promote competition.                                      Exchange believes that adopting a lower                   14 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–
sradovich on DSK3GMQ082PROD with NOTICES




                                                   The Exchange’s proposal to lower the                   size threshold for this guarantee will                  4(f)(6) requires a self-regulatory organization to give
                                                current eligible minimum order size in                                                                            the Commission written notice of its intent to file
                                                                                                          benefit Phlx market participants by                     the proposed rule change at least five business days
                                                Commentary .02(ii) of Rule 1064 from                      encouraging greater order flow and                      prior to the date of filing of the proposed rule
                                                                                                                                                                  change, or such shorter time as designated by the
                                                  6 Id.                                                        10 See
                                                                                                                  note 4 above.                                   Commission. The Exchange has satisfied this
                                                  7 See note 4 above.                                          11 See                                             requirement.
                                                                                                                  Securities Exchange Act Release No. 47819
                                                  8 15 U.S.C. 78f(b).                                                                                               15 17 CFR 240.19b–4(f)(6).
                                                                                                          (May 8, 2003), 68 FR 25924 (May 14, 2003) (SR–
                                                  9 15 U.S.C. 78f(b)(5).                                  Phlx–2002–17) (Approval Order).                           16 17 CFR 240.19b–4(f)(6)(iii).




                                           VerDate Sep<11>2014    17:07 Jul 02, 2018   Jkt 244001   PO 00000     Frm 00086   Fmt 4703   Sfmt 4703   E:\FR\FM\03JYN1.SGM     03JYN1


                                                                                 Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Notices                                                   31203

                                                with CBOE by offering a firm                             internet website (http://www.sec.gov/                   by the Exchange. The Commission is
                                                participation allocation with the same                   rules/sro.shtml). Copies of the                         publishing this notice to solicit
                                                eligibility size that CBOE currently                     submission, all subsequent                              comments on the proposed rule change
                                                offers. Additionally, the Commission                     amendments, all written statements                      from interested persons.
                                                notes that the proposed rule change is                   with respect to the proposed rule
                                                                                                         change that are filed with the                          I. Self-Regulatory Organization’s
                                                based on the current rules of CBOE 17
                                                                                                         Commission, and all written                             Statement of the Terms of Substance of
                                                and that it recently approved a similar
                                                                                                         communications relating to the                          the Proposed Rule Change
                                                rule change for the BOX Options
                                                Exchange LLC.18 As such, the                             proposed rule change between the                           The Exchange proposes to extend the
                                                Commission believes that waiving the                     Commission and any person, other than                   pilot period for the Exchange’s Retail
                                                30-day operative delay is consistent                     those that may be withheld from the                     Price Improvement (‘‘RPI’’) Program (the
                                                with the protection of investors and the                 public in accordance with the                           ‘‘Program’’), which is set to expire on
                                                public interest. Accordingly, the                        provisions of 5 U.S.C. 552, will be                     June 30, 2018, for an additional period,
                                                Commission waives the 30-day                             available for website viewing and                       to expire on December 31, 2018.
                                                operative delay and designates the                       printing in the Commission’s Public                        The Exchange has designated July 1,
                                                proposed rule change operative upon                      Reference Room, 100 F Street NE,                        2018 as the date the proposed rule
                                                filing.19                                                Washington, DC 20549, on official                       change becomes effective.
                                                   At any time within 60 days of the                     business days between the hours of                         The text of the proposed rule change
                                                filing of the proposed rule change, the                  10:00 a.m. and 3:00 p.m. Copies of the                  is available on the Exchange’s website at
                                                Commission summarily may                                 filing also will be available for                       http://nasdaqbx.cchwallstreet.com/, at
                                                temporarily suspend such rule change if                  inspection and copying at the principal                 the principal office of the Exchange, and
                                                it appears to the Commission that such                   office of the Exchange. All comments                    at the Commission’s Public Reference
                                                action is: (i) Necessary or appropriate in               received will be posted without change.                 Room.
                                                the public interest; (ii) for the protection             Persons submitting comments are                         II. Self-Regulatory Organization’s
                                                of investors; or (iii) otherwise in                      cautioned that we do not redact or edit
                                                                                                                                                                 Statement of the Purpose of, and
                                                furtherance of the purposes of the Act.                  personal identifying information from
                                                                                                                                                                 Statutory Basis for, the Proposed Rule
                                                If the Commission takes such action, the                 comment submissions. You should
                                                                                                                                                                 Change
                                                Commission shall institute proceedings                   submit only information that you wish
                                                to determine whether the proposed rule                   to make available publicly. All                            In its filing with the Commission, the
                                                should be approved or disapproved.                       submissions should refer to File                        Exchange included statements
                                                                                                         Number SR–Phlx–2018–48 and should                       concerning the purpose of and basis for
                                                IV. Solicitation of Comments                             be submitted on or before July 24, 2018.                the proposed rule change and discussed
                                                  Interested persons are invited to                        For the Commission, by the Division of
                                                                                                                                                                 any comments it received on the
                                                submit written data, views, and                          Trading and Markets, pursuant to delegated              proposed rule change. The text of these
                                                arguments concerning the foregoing,                      authority.20                                            statements may be examined at the
                                                including whether the proposed rule                      Eduardo A. Aleman,                                      places specified in Item IV below. The
                                                change is consistent with the Act.                       Assistant Secretary.                                    Exchange has prepared summaries, set
                                                Comments may be submitted by any of                      [FR Doc. 2018–14301 Filed 7–2–18; 8:45 am]
                                                                                                                                                                 forth in sections A, B, and C below, of
                                                the following methods:                                                                                           the most significant aspects of such
                                                                                                         BILLING CODE 8011–01–P
                                                                                                                                                                 statements.
                                                Electronic Comments
                                                                                                                                                                 A. Self-Regulatory Organization’s
                                                  • Use the Commission’s internet                        SECURITIES AND EXCHANGE                                 Statement of the Purpose of, and
                                                comment form (http://www.sec.gov/                        COMMISSION                                              Statutory Basis for, the Proposed Rule
                                                rules/sro.shtml); or
                                                  • Send an email to rule-comments@                      [Release No. 34–83539; File No. SR–BX–                  Change
                                                sec.gov. Please include File Number SR–                  2018–026]                                               1. Purpose
                                                Phlx–2018–48 on the subject line.                                                                                   The purpose of this filing is to extend
                                                                                                         Self-Regulatory Organizations; Nasdaq
                                                Paper Comments                                           BX, Inc.; Notice of Filing and                          the pilot period of the RPI Program,3
                                                  • Send paper comments in triplicate                    Immediate Effectiveness of Proposed                     currently scheduled to expire on June
                                                to Secretary, Securities and Exchange                    Rule Change To Extend the Pilot                         30, 2018, for an additional period, to
                                                Commission, 100 F Street NE,                             Period for the Retail Price                             expire on December 31, 2018.
                                                Washington, DC 20549–1090.                               Improvement Program Until December
                                                                                                                                                                 Background
                                                                                                         31, 2018
                                                All submissions should refer to File                                                                                In November 2014, the Commission
                                                Number SR–Phlx–2018–48. This file                        June 28, 2018.                                          approved the RPI Program on a pilot
                                                number should be included on the                            Pursuant to Section 19(b)(1) of the                  basis.4 The Program is designed to
                                                subject line if email is used. To help the               Securities Exchange Act of 1934                         attract retail order flow to the Exchange,
                                                Commission process and review your                       (‘‘Act’’),1 and Rule 19b–4 thereunder,2                 and allow such order flow to receive
                                                comments more efficiently, please use                    notice is hereby given that on June 21,                 potential price improvement. The
                                                only one method. The Commission will                     2018, Nasdaq BX, Inc. (‘‘BX’’ or                        Program is currently limited to trades
                                                post all comments on the Commission’s                    ‘‘Exchange’’), filed with the Securities                occurring at prices equal to or greater
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                         and Exchange Commission (‘‘SEC’’ or                     than $1.00 per share. Under the
                                                  17 See  supra note 4.                                  ‘‘Commission’’) the proposed rule                       Program, a new class of market
                                                  18 See  Securities Exchange Act Release No. 82456      change as described in Items I and II                   participant called a Retail Member
                                                (January, 8, 2008), 83 FR 1651 (January 12, 2018)
                                                (SR–BOX–2017–33) (Approval Order).
                                                                                                         below, which Items have been prepared
                                                   19 For purposes only of waiving the 30-day                                                                      3 Securities Exchange Act Release No. 73702
                                                                                                              20 17 CFR 200.30–3(a)(12).
                                                operative delay, the Commission has considered the                                                               (November 28, 2014), 79 FR 72049 (December 4,
                                                                                                              1 15 U.S.C. 78s(b)(1).                             2014) (‘‘RPI Approval Order’’) (SR–BX–2014–048).
                                                proposed rule’s impact on efficiency, competition,
                                                and capital formation. See 15 U.S.C. 78c(f).                  2 17 CFR 240.19b–4.                                  4 See id.




                                           VerDate Sep<11>2014   17:07 Jul 02, 2018   Jkt 244001   PO 00000     Frm 00087   Fmt 4703   Sfmt 4703   E:\FR\FM\03JYN1.SGM   03JYN1



Document Created: 2018-07-02 23:56:10
Document Modified: 2018-07-02 23:56:10
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 31201 

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR