83_FR_40956 83 FR 40797 - Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing of Proposed Rule Change Relating to Anticipatory Hedging

83 FR 40797 - Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing of Proposed Rule Change Relating to Anticipatory Hedging

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 159 (August 16, 2018)

Page Range40797-40800
FR Document2018-17633

Federal Register, Volume 83 Issue 159 (Thursday, August 16, 2018)
[Federal Register Volume 83, Number 159 (Thursday, August 16, 2018)]
[Notices]
[Pages 40797-40800]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17633]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83826; File No. SR-Phlx-2018-55]


Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing 
of Proposed Rule Change Relating to Anticipatory Hedging

August 10, 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 August 3, 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, II, and III, below, 
which Items have been prepared by the Exchange. The Commission is 
publishing this notice to solicit comments on the proposed rule change 
from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend Rule 1064(d) related to Anticipatory 
Hedging.
    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.

[[Page 40798]]

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 1064(d)(iii)(A) to add a specific eligibility size 
when transacting options on the Nasdaq 100[supreg] Index including 
options with nonstandard expiration dates \3\ (``NDX'' and ``NDXP''). 
The Exchange also proposes to amend an incorrect cross-reference to 
Rule 1064 and replace certain references with a defined term.
---------------------------------------------------------------------------

    \3\ NDX represents A.M.-settled options on the Nasdaq 100 
[supreg] Index. NDXP represent P.M.-settled options on the Nasdaq 
100 [supreg] Index.
---------------------------------------------------------------------------

    Rule 1064(d) describes rules for anticipatory hedging on Phlx. The 
rule provides:

no member organization or person associated with a member or member 
organization who has knowledge of the material terms and conditions 
of a solicited order, an order being facilitated, or orders being 
crossed, the execution of which are imminent, shall enter, based on 
such knowledge, an order to buy or sell an option for the same 
underlying security; an order to buy or sell the security underlying 
such class; or an order to buy or sell any related instrument until 
(i) or (ii) occur: (i) the terms and conditions of the order and any 
changes in the terms of the order of which the member, member 
organization or person associated with a member or member 
organization has knowledge are disclosed to the trading crowd, or 
(ii) the trade can no longer reasonably be considered imminent in 
view of the passage of time since the order was received. For 
purposes of this Rule, an order to buy or sell a ``related 
instrument'' means, in reference to an index option, an order to buy 
or sell securities comprising 10% or more of the component 
securities in the index or an order to buy or sell a futures 
contract on an economically equivalent index.

    Among other conditions, Rule 1064(d)(iii) provides that it does not 
prohibit a member or member organization from buying or selling a 
stock, security futures or futures position following receipt of an 
option order, including a complex order, but prior to announcing such 
order to the trading crowd, provided that the option order is in a 
class designated as eligible for ``tied hedge'' transactions \4\ as 
determined by the Exchange and is within the designated tied hedge 
eligibility size parameters, which parameters shall be determined by 
the Exchange and may not be smaller than 500 contracts per order (there 
shall be no aggregation of multiple orders to satisfy the size 
parameter).
---------------------------------------------------------------------------

    \4\ A tied hedge transaction is described in Rule 
1064(d)(iii)(C)-(H).
---------------------------------------------------------------------------

    When Phlx originally adopted the anticipatory hedge rule in 
2001,\5\ the Exchange believed that the prohibition on anticipatory 
hedging was necessary to prevent members and associated persons from 
using undisclosed non-public information about imminent solicited 
option transactions to trade the relevant option or any closely-related 
instrument in advance of persons represented in the relevant options 
crowd. The Exchange notes that the tied-hedge exception was designed to 
preserve the right to cross orders in advance of submitting a proposal 
to the trading crowd, while at the same time assuring that orders that 
are the subject of crossing are exposed to the auction market (trading 
crowd) in a meaningful way by prohibiting behavior such as anticipatory 
hedging.\6\
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    \5\ See Securities Exchange Act Release No. 44740 (August 23, 
2001), 66 FR 45721 (August 29, 2001) (SR-Phlx-2001-61).
    \6\ See Securities Exchange Act Release No. 61066 (November 25, 
2009), 74 FR 63162 (December 2, 2009) (SR-Phlx-2009-98).
---------------------------------------------------------------------------

    The Exchange notes that the primary purpose of the provision, ``not 
smaller than 500 contracts'' is to limit use of the tied hedge 
procedures to larger orders that might benefit from a member's or 
member organization's ability to execute a facilitating hedge.\7\ When 
adopting the tied hedge exception the Exchange stated that it believes 
that, given the decreased amount of liquidity available at the NBBO, 
the frequency with which quotes may flicker, and differing costs 
associated with accessing liquidity on various markets, as well as for 
ease of administration, the proposed 500 contract minimum should be 
sufficient to address these considerations.\8\
---------------------------------------------------------------------------

    \7\ Id.
    \8\ Id.
---------------------------------------------------------------------------

    The Exchange is proposing to add an exception to the eligibility 
size parameters for options on the Nasdaq 100[supreg] Index including 
options with nonstandard expiration dates (``NDX'' and ``NDXP'') which 
lowers the size eligibility for this index to not smaller than 50 
contracts per order. The Exchange believes that this smaller order 
eligibility size is appropriate for NDX and NDXP because the index 
value for NDX and NDXP is high as compared to other securities 
instruments. An index has a multiplier of 100. The Exchange believes 
that lowering the eligibility size for NDX and NDXP from 500 to 50 
contracts is appropriate because it would reduce the minimal notional 
value of the trade.
    For example NDX, as of July 19, 2018, had an Index Level of 7,356 
and factoring in the contract multiplyer of 100 provides a notional 
value of $735,600 as compared to PowerShares QQQ (``QQQ'') which had an 
equity value of 179.03 with a notional value of $17,903 (100 x 
underlying value) as of July 19, 2018. The premium value of NDX front 
month, at-the-money calls for August 17th midpoint was $130.35. 
Utilizing this value with 500 contracts would equate to a total premium 
for NDX of $6,517,500 and utilizing this value with 50 contracts would 
equate to a total premium for NDX of $651,750. By comparison, the 
premium value of QQQ front month, at-the-money calls for August 17th 
midpoint was $3.43. Utilizing this value with 500 contracts would 
equate to a total premium for QQQ of $171,500 and utilizing this value 
with 50 contracts would equate to a total premium for QQQ of $17,150. 
The example demonstrates the much larger size of NDX as compared to 
QQQ, a highly liquidity equity option. This example reflects the size 
comparison against a large broad based index and demonstrates the size 
of NDX.
    The Exchange notes that this smaller size carve out for NDX is in 
line with the original intent of the selection of the size of the 
contracts, to limit use of the tied hedge procedures to larger orders 
that might benefit from a member's or member organization's ability to 
execute a facilitating hedge. The Exchange notes that a size of 50 
contracts for NDX is still considered a large size order given the 
higher notional value.
    The Exchange notes that it conducts certain surveillances in 
connection with anticipatory hedging. Specifically, the Exchange 
conducts an on-floor surveillance to ensure both the stock and option 
component parts of the trade were exposed in open outcry and there was 
a reasonable opportunity for the trading crowd to participant in the 
transaction. Further, post-trade surveillance is conducted with respect

[[Page 40799]]

to anticipatory hedging rules. The Exchange notes that pursuant to Phlx 
Rule 1064(d)(iii)(G), prior to entering tied hedge orders on behalf of 
customers, the member or member organization must deliver to the 
customer a written notification informing the customer that his order 
may be executed using the Exchange's tied hedge procedures. The written 
notification must disclose the terms and conditions contained herein 
and be in a form approved by the Exchange. The Exchange notes that tied 
hedge transactions does not occur with great frequency on the 
Exchange's trading floor.
Amend Cross Reference and Define Term
    The Exchange proposes to amend Rule 1066(f)(4) entitled ``Tied 
Hedge Order.'' Currently, the rule provides that a tied hedge order is 
an option order that is tied to a hedge transaction as defined in 
Commentary .04 to Rule 1064, following the receipt of an option order 
in a class determined by the Exchange as eligible for ``tied hedge'' 
transactions. The Exchange proposes to replace Commentary .04 to Rule 
1064 within Rule 1066(f)(4) to reference Rule 1064(d)(iii) to correct 
the cross-reference.
    The Exchange also proposes to replace legacy references to the 
Exchange's trading platform in Rule 1066, namely ``PHLX XL'' and ``PHLX 
XL II'' with the term ``System'' which was recently defined by the 
Exchange.\9\
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    \9\ System is defined in Phlx Rule 1000(b)(45).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act,\10\ in general, and furthers the objectives of Section 
6(b)(5) of the Act,\11\ 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 changing the size requirements to assist NDX and NDXP to 
meet the eligibility requirements for Rule 1064(d).
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange's proposed amendment to Rule 1064(d) to permit lower 
size eligibility requirements for NDX and NDXP of not smaller than 50 
contracts per order is consistent with the Act and the protection of 
investors and the public interest because this smaller order 
eligibility size is appropriate for NDX and NDXP. NDX is a broad based 
index that is designed to reflect the movement of a large segment of 
the market. Each of these options represents a notional value equal to 
100 units of the index. NDX is a large-cap growth index with 105 
components. As with other broad based indexes, NDX has a large notional 
value as compared to non-index options. The index value for NDX and 
NDXP is 6400. Based on the index multiplier of 100, an index option 
would equate to 640,000 in notional value, which is high. The Exchange 
believes that lowering the eligibility size for NDX and NDXP from 500 
to 50 contracts is appropriate because it would reduce the notional 
value of one contract to 64,000 in notional value. The proposed rule 
would permit an eligibility size for NDX and NDXP that takes into 
account the notional value for this index. The Exchange believes that 
permitting the lower eligibility size for NDX and NDXP does not 
substantively amend the eligible order size, rather it provides a more 
appropriate mathematical equivalent.
    The Exchange notes that this smaller size carve out for NDX is in 
line with the original intent of the selection of the size of the 
contracts, to limit use of the tied hedge procedures to larger orders 
that might benefit from a member's or member organization's ability to 
execute a facilitating hedge. The Exchange notes that a size of 50 
contracts for NDX is still considered a large size order and in fact, 
in the case of NDX, a larger size than 500 contracts for an option 
contract.
Amend Cross Reference and Define Term
    The Exchange's proposal to replace Commentary .04 to Rule 1064 with 
Rule 1064(d)(iii) to correct the cross-reference and replace ``PHLX 
XL'' and ``PHLX XL II'' with the term ``System'' are consistent with 
the Act because they will provide more clarity as to the Exchange's 
Rules. The Exchange also proposes to replace the words ``PHLX XL'' in 
the title of Phlx Rule 1066 with the newly defined term System. The 
term PHLX XL is the name of the Exchange's trading platform. The term 
``System'' is intended to define the electronic trading platform.

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 Exchange believes that the 
proposed amendment to Rule 1064(d) to permit lower size eligibility 
requirements for NDX and NDXP will apply uniformly to all market 
participants. The Exchange notes that this smaller size carve out for 
NDX is in line with the original intent of the selection of the size of 
the contracts, to limit use of the tied hedge procedures to larger 
orders that might benefit from a member's or member organization's 
ability to execute a facilitating hedge. The Exchange's proposal to 
replace Commentary .04 to Rule 1064 with Rule 1064(d)(iii) to correct 
the cross-reference and replace ``PHLX XL'' and ``PHLX XL II'' with the 
term ``System'' are non-substantive rule changes. The Exchange does not 
believe that this will impact inter-market competition because the 
smaller eligibility size will permit NDX and NDXP to be available to 
market participants for a tied hedge similar to other competing index 
options.

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

    Within 45 days of the date of publication of this notice in the 
Federal Register or within such longer period up to 90 days (i) as the 
Commission may designate if it finds such longer period to be 
appropriate and publishes its reasons for so finding or (ii) as to 
which the Exchange consents, the Commission shall: (a) By order approve 
or disapprove such proposed rule change, or (b) institute proceedings 
to determine whether the proposed rule change should be 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-Phlx-2018-55 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.


[[Page 40800]]


All submissions should refer to File Number SR-Phlx-2018-55. 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-2018-55 and should be submitted on 
or before September 6, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

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

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2018-17633 Filed 8-15-18; 8:45 am]
BILLING CODE 8011-01-P



                                                                               Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Notices                                                  40797

                                                applicants are much more likely not to                  fee, or other charge imposed by the                       10:00 a.m. and 3:00 p.m. Copies of the
                                                complete the listing process.                           Exchange.                                                 filing also will be available for
                                                   The proposed amendment to Section                       At any time within 60 days of the                      inspection and copying at the principal
                                                142 is not unfairly discriminatory and                  filing of such proposed rule change, the                  office of the Exchange. All comments
                                                represents an equitable allocation of                   Commission summarily may                                  received will be posted without change.
                                                reasonable fees, as it will result in a                 temporarily suspend such rule change if                   Persons submitting comments are
                                                SPAC that remains listed on the                         it appears to the Commission that such                    cautioned that we do not redact or edit
                                                Exchange after its Business Combination                 action is necessary or appropriate in the                 personal identifying information from
                                                being treated the same as a SPAC that                   public interest, for the protection of                    comment submissions. You should
                                                transfers to the Exchange from another                  investors, or otherwise in furtherance of                 submit only information that you wish
                                                listing venue. The Exchange also                        the purposes of the Act. If the                           to make available publicly. All
                                                believes the proposed amendment to                      Commission takes such action, the                         submissions should refer to File
                                                Section 142 is not unfairly                             Commission shall institute proceedings                    Number SR–NYSEAMER–2018–37 and
                                                discriminatory and represents an                        under Section 19(b)(2)(B) 13 of the Act to                should be submitted on or before
                                                equitable allocation of reasonable fees                 determine whether the proposed rule                       September 6, 2018.
                                                with respect to listed operating                        change should be approved or
                                                                                                                                                                    For the Commission, by the Division of
                                                companies, as operating companies                       disapproved.
                                                                                                                                                                  Trading and Markets, pursuant to delegated
                                                generally do not have an event in their                 IV. Solicitation of Comments                              authority.14
                                                life cycle parallel to the Business                                                                               Brent J. Fields,
                                                                                                          Interested persons are invited to
                                                Combination for a SPAC which would                                                                                Secretary.
                                                                                                        submit written data, views, and
                                                normally give rise to a reconsideration
                                                                                                        arguments concerning the foregoing,                       [FR Doc. 2018–17629 Filed 8–15–18; 8:45 am]
                                                of the company’s listing venue.
                                                                                                        including whether the proposed rule                       BILLING CODE 8011–01–P
                                                   The proposed removal of text relating                change is consistent with the Act.
                                                to fees that are no longer applicable is                Comments may be submitted by any of
                                                ministerial in nature and has no                        the following methods:                                    SECURITIES AND EXCHANGE
                                                substantive effect.                                                                                               COMMISSION
                                                                                                        Electronic Comments
                                                B. Self-Regulatory Organization’s
                                                Statement on Burden on Competition                         • Use the Commission’s internet
                                                                                                                                                                  [Release No. 34–83826; File No. SR–Phlx–
                                                                                                        comment form (http://www.sec.gov/                         2018–55]
                                                   The Exchange does not believe that                   rules/sro.shtml); or
                                                the proposed rule change will impose                       • Send an email to rule-comments@                      Self-Regulatory Organizations; Nasdaq
                                                any burden on competition that is not                   sec.gov. Please include File Number SR–                   PHLX LLC; Notice of Filing of
                                                necessary or appropriate in furtherance                 NYSEAMER–2018–37 on the subject                           Proposed Rule Change Relating to
                                                of the purpose of the Act. The proposed                 line.                                                     Anticipatory Hedging
                                                amendment to Section 140 does not
                                                impose and burden on competition as it                  Paper Comments
                                                                                                                                                                  August 10, 2018.
                                                merely will allow the Exchange to better                   • Send paper comments in triplicate
                                                                                                        to Brent J. Fields, Secretary, Securities                    Pursuant to Section 19(b)(1) of the
                                                compete with other exchanges for initial
                                                                                                        and Exchange Commission, 100 F Street                     Securities Exchange Act of 1934
                                                listing of SPACs. In addition, the
                                                                                                        NE, Washington, DC 20549–1090.                            (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                proposed amendment to Section 142
                                                                                                                                                                  notice is hereby given that on August 3,
                                                does not impose any burden on                           All submissions should refer to File
                                                                                                                                                                  2018, Nasdaq PHLX LLC (‘‘Phlx’’ or
                                                competition, as it will have the effect of              Number SR–NYSEAMER–2018–37. This
                                                                                                                                                                  ‘‘Exchange’’) filed with the Securities
                                                treating a SPAC that remains listed on                  file number should be included on the
                                                                                                                                                                  and Exchange Commission (‘‘SEC’’ or
                                                the Exchange after its Business                         subject line if email is used. To help the
                                                                                                                                                                  ‘‘Commission’’) the proposed rule
                                                Combination the same for fee purposes                   Commission process and review your
                                                                                                                                                                  change as described in Items I, II, and
                                                as a SPAC that transfers to the Exchange                comments more efficiently, please use
                                                                                                                                                                  III, below, which Items have been
                                                from another listing venue or transfers                 only one method. The Commission will
                                                                                                                                                                  prepared by the Exchange. The
                                                to another listing venue at that time.                  post all comments on the Commission’s
                                                                                                                                                                  Commission is publishing this notice to
                                                C. Self-Regulatory Organization’s                       internet website (http://www.sec.gov/
                                                                                                                                                                  solicit comments on the proposed rule
                                                Statement on Comments on the                            rules/sro.shtml). Copies of the
                                                                                                                                                                  change from interested persons.
                                                Proposed Rule Change Received From                      submission, all subsequent
                                                Members, Participants, or Others                        amendments, all written statements                        I. Self-Regulatory Organization’s
                                                                                                        with respect to the proposed rule                         Statement of the Terms of Substance of
                                                  No written comments were solicited                    change that are filed with the                            the Proposed Rule Change
                                                or received with respect to the proposed                Commission, and all written
                                                rule change.                                            communications relating to the                               The Exchange proposes to amend
                                                                                                        proposed rule change between the                          Rule 1064(d) related to Anticipatory
                                                III. Date of Effectiveness of the                                                                                 Hedging.
                                                                                                        Commission and any person, other than
                                                Proposed Rule Change and Timing for
                                                                                                        those that may be withheld from the                          The text of the proposed rule change
                                                Commission Action
                                                                                                        public in accordance with the                             is available on the Exchange’s website at
                                                  The foregoing rule change is effective
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                        provisions of 5 U.S.C. 552, will be                       http://nasdaqphlx.cchwallstreet.com/,
                                                upon filing pursuant to Section                         available for website viewing and                         at the principal office of the Exchange,
                                                19(b)(3)(A) 11 of the Act and                           printing in the Commission’s Public                       and at the Commission’s Public
                                                subparagraph (f)(2) of Rule 19b–4 12                    Reference Room, 100 F Street NE,                          Reference Room.
                                                thereunder, because it establishes a due,               Washington, DC 20549 on official
                                                                                                        business days between the hours of                          14 17 CFR 200.30–3(a)(12).
                                                  11 15 U.S.C. 78s(b)(3)(A).                                                                                        1 15 U.S.C. 78s(b)(1).
                                                  12 17 CFR 240.19b–4(f)(2).                              13 15   U.S.C. 78s(b)(2)(B).                              2 17 CFR 240.19b–4.




                                           VerDate Sep<11>2014   17:15 Aug 15, 2018   Jkt 244001   PO 00000   Frm 00054     Fmt 4703     Sfmt 4703   E:\FR\FM\16AUN1.SGM    16AUN1


                                                40798                       Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Notices

                                                II. Self-Regulatory Organization’s                         Among other conditions, Rule                       parameters for options on the Nasdaq
                                                Statement of the Purpose of, and                        1064(d)(iii) provides that it does not                100® Index including options with
                                                Statutory Basis for, the Proposed Rule                  prohibit a member or member                           nonstandard expiration dates (‘‘NDX’’
                                                Change                                                  organization from buying or selling a                 and ‘‘NDXP’’) which lowers the size
                                                                                                        stock, security futures or futures                    eligibility for this index to not smaller
                                                  In its filing with the Commission, the
                                                                                                        position following receipt of an option               than 50 contracts per order. The
                                                Exchange included statements
                                                                                                        order, including a complex order, but                 Exchange believes that this smaller
                                                concerning the purpose of and basis for
                                                                                                        prior to announcing such order to the                 order eligibility size is appropriate for
                                                the proposed rule change and discussed
                                                                                                        trading crowd, provided that the option               NDX and NDXP because the index value
                                                any comments it received on the
                                                                                                        order is in a class designated as eligible            for NDX and NDXP is high as compared
                                                proposed rule change. The text of these
                                                                                                        for ‘‘tied hedge’’ transactions 4 as                  to other securities instruments. An
                                                statements may be examined at the
                                                                                                        determined by the Exchange and is                     index has a multiplier of 100. The
                                                places specified in Item IV below. The                                                                        Exchange believes that lowering the
                                                                                                        within the designated tied hedge
                                                Exchange has prepared summaries, set                                                                          eligibility size for NDX and NDXP from
                                                                                                        eligibility size parameters, which
                                                forth in sections A, B, and C below, of                                                                       500 to 50 contracts is appropriate
                                                                                                        parameters shall be determined by the
                                                the most significant aspects of such                                                                          because it would reduce the minimal
                                                                                                        Exchange and may not be smaller than
                                                statements.                                                                                                   notional value of the trade.
                                                                                                        500 contracts per order (there shall be
                                                A. Self-Regulatory Organization’s                       no aggregation of multiple orders to                     For example NDX, as of July 19, 2018,
                                                Statement of the Purpose of, and                        satisfy the size parameter).                          had an Index Level of 7,356 and
                                                Statutory Basis for, the Proposed Rule                     When Phlx originally adopted the                   factoring in the contract multiplyer of
                                                Change                                                  anticipatory hedge rule in 2001,5 the                 100 provides a notional value of
                                                                                                        Exchange believed that the prohibition                $735,600 as compared to PowerShares
                                                1. Purpose                                              on anticipatory hedging was necessary                 QQQ (‘‘QQQ’’) which had an equity
                                                   The Exchange proposes to amend                       to prevent members and associated                     value of 179.03 with a notional value of
                                                Rule 1064 entitled ‘‘Crossing,                          persons from using undisclosed non-                   $17,903 (100 × underlying value) as of
                                                Facilitation and Solicited Orders.’’                    public information about imminent                     July 19, 2018. The premium value of
                                                Specifically, the Exchange proposes to                  solicited option transactions to trade the            NDX front month, at-the-money calls for
                                                amend 1064(d)(iii)(A) to add a specific                 relevant option or any closely-related                August 17th midpoint was $130.35.
                                                eligibility size when transacting options               instrument in advance of persons                      Utilizing this value with 500 contracts
                                                on the Nasdaq 100® Index including                      represented in the relevant options                   would equate to a total premium for
                                                options with nonstandard expiration                     crowd. The Exchange notes that the                    NDX of $6,517,500 and utilizing this
                                                dates 3 (‘‘NDX’’ and ‘‘NDXP’’). The                     tied-hedge exception was designed to                  value with 50 contracts would equate to
                                                Exchange also proposes to amend an                      preserve the right to cross orders in                 a total premium for NDX of $651,750.
                                                incorrect cross-reference to Rule 1064                  advance of submitting a proposal to the               By comparison, the premium value of
                                                and replace certain references with a                   trading crowd, while at the same time                 QQQ front month, at-the-money calls for
                                                defined term.                                           assuring that orders that are the subject             August 17th midpoint was $3.43.
                                                   Rule 1064(d) describes rules for                     of crossing are exposed to the auction                Utilizing this value with 500 contracts
                                                anticipatory hedging on Phlx. The rule                  market (trading crowd) in a meaningful                would equate to a total premium for
                                                provides:                                               way by prohibiting behavior such as                   QQQ of $171,500 and utilizing this
                                                                                                        anticipatory hedging.6                                value with 50 contracts would equate to
                                                no member organization or person associated                                                                   a total premium for QQQ of $17,150.
                                                with a member or member organization who                   The Exchange notes that the primary
                                                                                                        purpose of the provision, ‘‘not smaller               The example demonstrates the much
                                                has knowledge of the material terms and
                                                conditions of a solicited order, an order being         than 500 contracts’’ is to limit use of the           larger size of NDX as compared to QQQ,
                                                facilitated, or orders being crossed, the               tied hedge procedures to larger orders                a highly liquidity equity option. This
                                                execution of which are imminent, shall enter,           that might benefit from a member’s or                 example reflects the size comparison
                                                based on such knowledge, an order to buy or             member organization’s ability to execute              against a large broad based index and
                                                sell an option for the same underlying                  a facilitating hedge.7 When adopting the              demonstrates the size of NDX.
                                                security; an order to buy or sell the security          tied hedge exception the Exchange                        The Exchange notes that this smaller
                                                underlying such class; or an order to buy or                                                                  size carve out for NDX is in line with
                                                                                                        stated that it believes that, given the
                                                sell any related instrument until (i) or (ii)                                                                 the original intent of the selection of the
                                                occur: (i) the terms and conditions of the              decreased amount of liquidity available
                                                                                                        at the NBBO, the frequency with which                 size of the contracts, to limit use of the
                                                order and any changes in the terms of the                                                                     tied hedge procedures to larger orders
                                                order of which the member, member                       quotes may flicker, and differing costs
                                                                                                        associated with accessing liquidity on                that might benefit from a member’s or
                                                organization or person associated with a
                                                member or member organization has                       various markets, as well as for ease of               member organization’s ability to execute
                                                knowledge are disclosed to the trading                  administration, the proposed 500                      a facilitating hedge. The Exchange notes
                                                crowd, or (ii) the trade can no longer                  contract minimum should be sufficient                 that a size of 50 contracts for NDX is
                                                reasonably be considered imminent in view               to address these considerations.8                     still considered a large size order given
                                                of the passage of time since the order was                 The Exchange is proposing to add an                the higher notional value.
                                                received. For purposes of this Rule, an order
                                                                                                        exception to the eligibility size                        The Exchange notes that it conducts
                                                to buy or sell a ‘‘related instrument’’ means,                                                                certain surveillances in connection with
                                                in reference to an index option, an order to                                                                  anticipatory hedging. Specifically, the
                                                                                                          4 A tied hedge transaction is described in Rule
                                                buy or sell securities comprising 10% or                                                                      Exchange conducts an on-floor
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                                                                                                        1064(d)(iii)(C)–(H).
                                                more of the component securities in the                   5 See Securities Exchange Act Release No. 44740     surveillance to ensure both the stock
                                                index or an order to buy or sell a futures
                                                contract on an economically equivalent
                                                                                                        (August 23, 2001), 66 FR 45721 (August 29, 2001)      and option component parts of the trade
                                                                                                        (SR–Phlx–2001–61).                                    were exposed in open outcry and there
                                                index.                                                    6 See Securities Exchange Act Release No. 61066

                                                                                                        (November 25, 2009), 74 FR 63162 (December 2,
                                                                                                                                                              was a reasonable opportunity for the
                                                  3 NDX represents A.M.-settled options on the          2009) (SR–Phlx–2009–98).                              trading crowd to participant in the
                                                Nasdaq 100 ® Index. NDXP represent P.M.-settled           7 Id.                                               transaction. Further, post-trade
                                                options on the Nasdaq 100 ® Index.                        8 Id.                                               surveillance is conducted with respect


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                                                                            Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Notices                                           40799

                                                to anticipatory hedging rules. The                      index that is designed to reflect the                 NDX and NDXP will apply uniformly to
                                                Exchange notes that pursuant to Phlx                    movement of a large segment of the                    all market participants. The Exchange
                                                Rule 1064(d)(iii)(G), prior to entering                 market. Each of these options represents              notes that this smaller size carve out for
                                                tied hedge orders on behalf of                          a notional value equal to 100 units of                NDX is in line with the original intent
                                                customers, the member or member                         the index. NDX is a large-cap growth                  of the selection of the size of the
                                                organization must deliver to the                        index with 105 components. As with                    contracts, to limit use of the tied hedge
                                                customer a written notification                         other broad based indexes, NDX has a                  procedures to larger orders that might
                                                informing the customer that his order                   large notional value as compared to                   benefit from a member’s or member
                                                may be executed using the Exchange’s                    non-index options. The index value for                organization’s ability to execute a
                                                tied hedge procedures. The written                      NDX and NDXP is 6400. Based on the                    facilitating hedge. The Exchange’s
                                                notification must disclose the terms and                index multiplier of 100, an index option              proposal to replace Commentary .04 to
                                                conditions contained herein and be in a                 would equate to 640,000 in notional                   Rule 1064 with Rule 1064(d)(iii) to
                                                form approved by the Exchange. The                      value, which is high. The Exchange                    correct the cross-reference and replace
                                                Exchange notes that tied hedge                          believes that lowering the eligibility size           ‘‘PHLX XL’’ and ‘‘PHLX XL II’’ with the
                                                transactions does not occur with great                  for NDX and NDXP from 500 to 50                       term ‘‘System’’ are non-substantive rule
                                                frequency on the Exchange’s trading                     contracts is appropriate because it                   changes. The Exchange does not believe
                                                floor.                                                  would reduce the notional value of one                that this will impact inter-market
                                                                                                        contract to 64,000 in notional value. The             competition because the smaller
                                                Amend Cross Reference and Define                        proposed rule would permit an                         eligibility size will permit NDX and
                                                Term                                                    eligibility size for NDX and NDXP that                NDXP to be available to market
                                                   The Exchange proposes to amend                       takes into account the notional value for             participants for a tied hedge similar to
                                                Rule 1066(f)(4) entitled ‘‘Tied Hedge                   this index. The Exchange believes that                other competing index options.
                                                Order.’’ Currently, the rule provides that              permitting the lower eligibility size for
                                                a tied hedge order is an option order                   NDX and NDXP does not substantively                   C. Self-Regulatory Organization’s
                                                that is tied to a hedge transaction as                  amend the eligible order size, rather it              Statement on Comments on the
                                                defined in Commentary .04 to Rule                       provides a more appropriate                           Proposed Rule Change Received From
                                                1064, following the receipt of an option                mathematical equivalent.                              Members, Participants, or Others
                                                order in a class determined by the                         The Exchange notes that this smaller                 No written comments were either
                                                Exchange as eligible for ‘‘tied hedge’’                 size carve out for NDX is in line with                solicited or received.
                                                transactions. The Exchange proposes to                  the original intent of the selection of the
                                                                                                        size of the contracts, to limit use of the            III. Date of Effectiveness of the
                                                replace Commentary .04 to Rule 1064
                                                                                                        tied hedge procedures to larger orders                Proposed Rule Change and Timing for
                                                within Rule 1066(f)(4) to reference Rule
                                                                                                        that might benefit from a member’s or                 Commission Action
                                                1064(d)(iii) to correct the cross-
                                                reference.                                              member organization’s ability to execute                 Within 45 days of the date of
                                                   The Exchange also proposes to                        a facilitating hedge. The Exchange notes              publication of this notice in the Federal
                                                replace legacy references to the                        that a size of 50 contracts for NDX is                Register or within such longer period
                                                Exchange’s trading platform in Rule                     still considered a large size order and in            up to 90 days (i) as the Commission may
                                                1066, namely ‘‘PHLX XL’’ and ‘‘PHLX                     fact, in the case of NDX, a larger size               designate if it finds such longer period
                                                XL II’’ with the term ‘‘System’’ which                  than 500 contracts for an option                      to be appropriate and publishes its
                                                was recently defined by the Exchange.9                  contract.                                             reasons for so finding or (ii) as to which
                                                                                                        Amend Cross Reference and Define                      the Exchange consents, the Commission
                                                2. Statutory Basis
                                                                                                        Term                                                  shall: (a) By order approve or
                                                   The Exchange believes that its                                                                             disapprove such proposed rule change,
                                                proposal is consistent with Section 6(b)                   The Exchange’s proposal to replace                 or (b) institute proceedings to determine
                                                of the Act,10 in general, and furthers the              Commentary .04 to Rule 1064 with Rule                 whether the proposed rule change
                                                objectives of Section 6(b)(5) of the Act,11             1064(d)(iii) to correct the cross-reference           should be disapproved.
                                                in particular, in that it is designed to                and replace ‘‘PHLX XL’’ and ‘‘PHLX XL
                                                promote just and equitable principles of                II’’ with the term ‘‘System’’ are                     IV. Solicitation of Comments
                                                trade, to remove impediments to and                     consistent with the Act because they                    Interested persons are invited to
                                                perfect the mechanism of a free and                     will provide more clarity as to the                   submit written data, views, and
                                                open market and a national market                       Exchange’s Rules. The Exchange also                   arguments concerning the foregoing,
                                                system, and, in general to protect                      proposes to replace the words ‘‘PHLX                  including whether the proposed rule
                                                investors and the public interest, by                   XL’’ in the title of Phlx Rule 1066 with              change is consistent with the Act.
                                                changing the size requirements to assist                the newly defined term System. The                    Comments may be submitted by any of
                                                NDX and NDXP to meet the eligibility                    term PHLX XL is the name of the                       the following methods:
                                                requirements for Rule 1064(d).                          Exchange’s trading platform. The term
                                                   The Exchange’s proposed amendment                    ‘‘System’’ is intended to define the                  Electronic Comments
                                                to Rule 1064(d) to permit lower size                    electronic trading platform.                            • Use the Commission’s internet
                                                eligibility requirements for NDX and                                                                          comment form (http://www.sec.gov/
                                                                                                        B. Self-Regulatory Organization’s
                                                NDXP of not smaller than 50 contracts                                                                         rules/sro.shtml); or
                                                                                                        Statement on Burden on Competition
                                                per order is consistent with the Act and                                                                        • Send an email to rule-comments@
                                                                                                          The Exchange does not believe that
sradovich on DSK3GMQ082PROD with NOTICES




                                                the protection of investors and the                                                                           sec.gov. Please include File Number SR–
                                                public interest because this smaller                    the proposed rule change will impose                  Phlx–2018–55 on the subject line.
                                                order eligibility size is appropriate for               any burden on competition not
                                                                                                        necessary or appropriate in furtherance               Paper Comments
                                                NDX and NDXP. NDX is a broad based
                                                                                                        of the purposes of the Act. The                         • Send paper comments in triplicate
                                                  9 System is defined in Phlx Rule 1000(b)(45).         Exchange believes that the proposed                   to Secretary, Securities and Exchange
                                                  10 15 U.S.C. 78f(b).                                  amendment to Rule 1064(d) to permit                   Commission, 100 F Street NE,
                                                  11 15 U.S.C. 78f(b)(5).                               lower size eligibility requirements for               Washington, DC 20549–1090.


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                                                40800                            Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Notices

                                                All submissions should refer to File                      filed with the Securities and Exchange                 9, 2018.3 The Commission has received
                                                Number SR–Phlx–2018–55. This file                         Commission (‘‘Commission’’), pursuant                  no comments regarding the proposal.
                                                number should be included on the                          to Section 19(b)(1) of the Securities                     Section 19(b)(2) of the Act 4 provides
                                                subject line if email is used. To help the                Exchange Act of 1934 (‘‘Act’’) 1 and Rule              that within 45 days of the publication of
                                                Commission process and review your                        19b–4 thereunder,2 a proposed rule                     notice of the filing of a proposed rule
                                                comments more efficiently, please use                     change to amend Exchange Rule 7.35E                    change, or within such longer period up
                                                only one method. The Commission will                      relating to the Auction Reference Price                to 90 days as the Commission may
                                                post all comments on the Commission’s                     for a Trading Halt Auction following a                 designate if it finds such longer period
                                                internet website (http://www.sec.gov/                     regulatory halt. The proposed rule                     to be appropriate and publishes its
                                                rules/sro.shtml). Copies of the                           change was published for comment in                    reasons for so finding or as to which the
                                                submission, all subsequent                                the Federal Register on June 5, 2018.3                 self-regulatory organization consents,
                                                amendments, all written statements                        On July 18, 2018, pursuant to Section                  the Commission shall either approve the
                                                with respect to the proposed rule                         19(b)(2) of the Act,4 the Commission                   proposed rule change, disapprove the
                                                change that are filed with the                            designated a longer period within which                proposed rule change, or institute
                                                Commission, and all written                               to approve the proposed rule change,                   proceedings to determine whether the
                                                communications relating to the                            disapprove the proposed rule change, or                proposed rule change should be
                                                proposed rule change between the                          institute proceedings to determine                     disapproved. The 45th day for this filing
                                                Commission and any person, other than                     whether to disapprove the proposed                     is August 23, 2018.
                                                those that may be withheld from the                       rule change.5 The Commission has                          The Commission is extending the 45-
                                                public in accordance with the                             received one comment letter in response                day time period for Commission action
                                                provisions of 5 U.S.C. 552, will be                       to the proposed rule change.6                          on the proposed rule change. The
                                                available for website viewing and                            On August 10, 2018, the Exchange                    Commission finds that it is appropriate
                                                printing in the Commission’s Public                       withdrew the proposed rule change                      to designate a longer period within
                                                Reference Room, 100 F Street NE,                          (SR–NYSEAmer–2018–22).                                 which to take action on the proposed
                                                Washington, DC 20549, on official                                                                                rule change so that it has sufficient time
                                                                                                            For the Commission, by the Division of
                                                business days between the hours of                                                                               to consider the proposed rule change.
                                                                                                          Trading and Markets, pursuant to delegated
                                                                                                                                                                    Accordingly, pursuant to Section
                                                10:00 a.m. and 3:00 p.m. Copies of the                    authority.7
                                                                                                                                                                 19(b)(2) of the Act,5 the Commission
                                                filing also will be available for                         Brent J. Fields,
                                                                                                                                                                 designates October 5, 2018, as the date
                                                inspection and copying at the principal                   Secretary.                                             by which the Commission should either
                                                office of the Exchange. All comments                      [FR Doc. 2018–17632 Filed 8–15–18; 8:45 am]            approve or disapprove, or institute
                                                received will be posted without change.                   BILLING CODE 8011–01–P                                 proceedings to determine whether to
                                                Persons submitting comments are
                                                                                                                                                                 disapprove, the proposed rule change
                                                cautioned that we do not redact or edit
                                                                                                                                                                 (File No. SR–ISE–2018–56).
                                                personal identifying information from                     SECURITIES AND EXCHANGE
                                                comment submissions. You should                           COMMISSION                                               For the Commission, by the Division of
                                                submit only information that you wish                                                                            Trading and Markets, pursuant to delegated
                                                                                                          [Release No. 34–83818; File No. SR–ISE–                authority.6
                                                to make available publicly. All
                                                                                                          2018–56]                                               Brent J. Fields,
                                                submissions should refer to File
                                                Number SR–Phlx–2018–55 and should                                                                                Secretary.
                                                                                                          Self-Regulatory Organizations; Nasdaq
                                                be submitted on or before September 6,                                                                           [FR Doc. 2018–17626 Filed 8–15–18; 8:45 am]
                                                                                                          ISE, LLC; Notice of Designation of
                                                2018.                                                     Longer Period for Commission Action                    BILLING CODE 8011–01–P

                                                  For the Commission, by the Division of                  on Proposed Rule Change To Amend
                                                Trading and Markets, pursuant to delegated                Its Rules Related to Complex Orders                    SECURITIES AND EXCHANGE
                                                authority.12
                                                                                                          August 10, 2018.                                       COMMISSION
                                                Robert W. Errett,
                                                                                                             On June 22, 2018, Nasdaq ISE, LLC                   [Release No. 34–83820; File No. SR–IEX–
                                                Deputy Secretary.
                                                                                                          (the ‘‘Exchange’’) filed with the                      2018–17]
                                                [FR Doc. 2018–17633 Filed 8–15–18; 8:45 am]
                                                                                                          Securities and Exchange Commission
                                                BILLING CODE 8011–01–P                                                                                           Self-Regulatory Organizations; Cboe
                                                                                                          (‘‘Commission’’), pursuant to Section
                                                                                                          19(b)(1) of the Securities Exchange Act                Exchange, Inc.; Notice of Filing and
                                                                                                          of 1934 (‘‘Act’’) 1 and Rule 19b–4                     Immediate Effectiveness of a Proposed
                                                SECURITIES AND EXCHANGE                                                                                          Rule Change To Increase the Spread-
                                                                                                          thereunder,2 a proposed rule change to
                                                COMMISSION                                                                                                       Crossing Eligible Remove Fee to
                                                                                                          add greater detail to its rules governing
                                                [Release No. 34–83829; File No. SR–                       the trading of complex orders. The                     $0.0009 Per Share for Executions at or
                                                NYSEAMER–2018–22]                                         proposed rule change was published for                 Above $1.00 That Remove Non-
                                                                                                          comment in the Federal Register on July                Displayed Liquidity
                                                Self-Regulatory Organizations; NYSE
                                                American LLC; Notice of Withdrawal of                                                                            August 10, 2018.
                                                                                                            1  15 U.S.C. 78s(b)(1).
                                                a Proposed Rule Change To Amend                             2  17 CFR 240.19b–4.
                                                                                                                                                                    Pursuant to Section 19(b)(1) 1 of the
                                                Exchange Rule 7.35E Relating to the                          3 See Securities Exchange Act Release No. 83341     Securities Exchange Act of 1934 (the
                                                Auction Reference Price for a Trading                     (May 30, 2018), 83 FR 26121 (Jun. 5, 2018) (Notice).   ‘‘Act’’) 2 and Rule 19b–4 thereunder,3
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                             4 15 U.S.C. 78s(b)(2).
                                                Halt Auction Following a Regulatory                                                                                 3 See Securities Exchange Act Release No. 83576
                                                                                                             5 See Securities Exchange Act Release No. 83668
                                                Halt                                                      (Jul. 18, 2018), 83 FR 35040 (Jul. 24, 2018).          (July 2, 2018), 83 FR 31783.
                                                                                                             6 See Letter from Duane Fiedler, to Secretary,         4 15 U.S.C. 78s(b)(2).
                                                August 10, 2018.                                                                                                    5 15 U.S.C. 78s(b)(2).
                                                                                                          Securities and Exchange Commission (Jun. 23,
                                                  On May 15, 2018, NYSE American                          2018).                                                    6 17 CFR 200.30–3(a)(31).
                                                LLC (‘‘Exchange’’ or ‘‘NYSE American’’)                      7 17 CFR 200.30–3(a)(12).                              1 15 U.S.C. 78s(b)(1).
                                                                                                             1 15 U.S.C. 78s(b)(1).                                 2 15 U.S.C. 78a.
                                                  12 17   CFR 200.30–3(a)(12).                               2 17 CFR 240.19b–4.                                    3 17 CFR 240.19b–4.




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Document Created: 2018-08-16 01:02:26
Document Modified: 2018-08-16 01:02:26
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 40797 

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