83_FR_41284 83 FR 41124 - Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Exchange's Schedule of Fees Relating to Crossing Orders and Responses to Crossing Orders in Index Options on the Nasdaq 100 Reduced Value Index

83 FR 41124 - Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Exchange's Schedule of Fees Relating to Crossing Orders and Responses to Crossing Orders in Index Options on the Nasdaq 100 Reduced Value Index

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 160 (August 17, 2018)

Page Range41124-41126
FR Document2018-17738

Federal Register, Volume 83 Issue 160 (Friday, August 17, 2018)
[Federal Register Volume 83, Number 160 (Friday, August 17, 2018)]
[Notices]
[Pages 41124-41126]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17738]


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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83830; File No. SR-ISE-2018-66]


Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Amend the 
Exchange's Schedule of Fees Relating to Crossing Orders and Responses 
to Crossing Orders in Index Options on the Nasdaq 100 Reduced Value 
Index

August 13, 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 1, 2018, Nasdaq ISE, LLC (``ISE'' or ``Exchange'') filed with 
the Securities and Exchange Commission (``Commission'') the proposed 
rule change as described in Items I and II below, which Items have been 
prepared by the Exchange. The Commission is publishing this notice to 
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \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 the Exchange's Schedule of Fees to 
provide further explanation on how the Exchange charges Crossing Orders 
and Responses to Crossing Orders in index options on the Nasdaq 100 
Reduced Value Index (``NQX'').
    The text of the proposed rule change is available on the Exchange's 
website at http://ise.cchwallstreet.com/, at the principal office of 
the Exchange, and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements 
concerning the purpose of and basis for the proposed rule change and 
discussed any comments it received on the proposed rule change. The 
text of these statements may be examined at the places specified in 
Item IV below. The Exchange has prepared summaries, set forth in 
sections A, B, and C below, of the most significant aspects of such 
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange recently adopted transaction fees and rebates for 
adding or removing liquidity from ISE (i.e., maker/taker fees and 
rebates) in NQX options, which apply to executions in both the regular 
and complex order book, according to the following schedule: \3\
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 83639 (July 16, 
2018) (SR-ISE-2018-61).

------------------------------------------------------------------------
                                            Maker  fee/     Taker  fee/
           Market participant                 rebate          rebate
------------------------------------------------------------------------
Market Maker............................         ($0.25)           $0.00
Market Maker (for orders sent by                  (0.25)            0.00
 Electronic Access Members).............
Non-Nasdaq ISE Market Maker (FarMM).....            0.25            0.25
Firm Proprietary/Broker-Dealer..........            0.25            0.25
Professional Customer...................            0.25            0.25
Priority Customer.......................            0.00            0.00
------------------------------------------------------------------------

    In SR-ISE-2018-61, the Exchange stated that the above pricing would 
apply to all executions in NQX, including Non-Priority Customer \4\ 
Crossing Orders \5\ in NQX. The Exchange now proposes to clarify that 
the taker fee applies to Crossing Orders (i.e., both the originating 
and contra side of the order) in NQX as well as responses to such 
orders by noting the following in Section III.B: ``Fee will also apply 
to the originating and contra side of Crossing Orders, and to Responses 
to Crossing Orders.'' \6\
---------------------------------------------------------------------------

    \4\ ``Non-Priority Customers'' include Market Makers, Non-Nasdaq 
ISE Market Makers, Firm Proprietary/Broker-Dealers, and Professional 
Customers.
    \5\ A ``Crossing Order'' is an order executed in the Exchange's 
Facilitation Mechanism, Solicited Order Mechanism, Price Improvement 
Mechanism (PIM) or submitted as a Qualified Contingent Cross order. 
For purposes of the fee schedule, orders executed in the Block Order 
Mechanism are also considered Crossing Orders.
    \6\ ``Responses to Crossing Order'' is any contra-side interest 
submitted after the commencement of an auction in the Exchange's 
Facilitation Mechanism, Solicited Order Mechanism, Block Order 
Mechanism or PIM.
---------------------------------------------------------------------------

    The Exchange does not seek to amend the manner in which Crossing 
Orders in NQX and responses thereto are currently charged, rather the 
Exchange

[[Page 41125]]

seeks to more clearly state in its Schedule of Fees that taker pricing 
applies for such orders. While the Exchange is not aware of any member 
confusion with respect to this fee, the Exchange believes this 
specificity will help preclude any potential confusion in how its fees 
will apply.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act,\7\ in general, and furthers the objectives of Sections 
6(b)(4) and 6(b)(5) of the Act,\8\ in particular, in that it provides 
for the equitable allocation of reasonable dues, fees, and other 
charges among members and issuers and other persons using any facility, 
and is not designed to permit unfair discrimination between customers, 
issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed language relating to the 
application of taker fees to Crossing Orders and Responses to Crossing 
Orders in NQX is reasonable because the proposed rule text will bring 
greater transparency to the manner in which the Exchange charges NQX 
orders submitted in ISE's various crossing mechanisms. As discussed 
above, the Exchange charges members the applicable taker fee to both 
the originating and contra side of Crossing Orders in NQX as well 
charging the NQX taker pricing for Responses to Crossing Orders. The 
Exchange believes it is reasonable and appropriate to charge taker and 
not maker pricing for these orders because the Exchange seeks to 
encourage market making activity in NQX by providing the $0.25 per 
contract maker rebate to Market Maker orders that post liquidity in the 
Exchange's new proprietary product during the initial months of 
trading. Furthermore, the manner in which the Exchange applies the NQX 
taker fees in Section III.B is not changing with this proposal, and the 
proposed changes are intended to bring greater clarity to ISE's 
Schedule of Fees, to the benefit of all market participants.
    The Exchange's proposal to add the clarifying language is also 
equitable and not unfairly discriminatory because the Exchange will 
continue to apply the taker fees for Crossing Orders and Responses to 
Crossing Orders in NQX in a uniform manner for all similarly situated 
participants. The Exchange also believes that it is equitable and not 
unfairly discriminatory to assess no taker fees to Market Maker 
Crossing Orders and Responses to Crossing Orders in NQX as compared to 
other Non-Priority Customers, who are currently assessed the $0.25 per 
contract taker fee for such orders. Market Makers, unlike other market 
participants, take on a number of obligations, including quoting 
obligations, that other market participants do not have. Further, the 
Exchange believes that it is equitable and not unfairly discriminatory 
to assess no transaction fees to Priority Customer \9\ Crossing Orders 
and Responses to Crossing Orders in NQX because Priority Customer order 
flow enhances liquidity on the Exchange for the benefit of all market 
participants. Priority Customer liquidity provides more trading 
opportunities, which attracts Market Makers. An increase in the 
activity of these market participants in turn facilitates tighter 
spreads, which may cause an additional corresponding increase in order 
flow from other market participants.
---------------------------------------------------------------------------

    \9\ A ``Priority Customer'' is a person or entity that is not a 
broker/dealer in securities, and does not place more than 390 orders 
in listed options per day on average during a calendar month for its 
own beneficial account(s), as defined in Nasdaq ISE Rule 
100(a)(37A).
---------------------------------------------------------------------------

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. As discussed above, the 
proposal is intended to eliminate ambiguity from the Schedule of Fees 
by further explaining how ISE charges the originating and contra side 
of Crossing Orders in NQX as well as Responses to Crossing Orders in 
NQX. The proposal does not amend the current manner in which the 
Exchange assesses fees for Crossing Orders and Responses to Crossing 
Orders in NQX, and the Exchange will continue to assess the applicable 
taker fees in Section III.B for such NQX orders in a uniform manner to 
all market participants. For the foregoing reasons, the Exchange 
believes that the proposed changes do not impose an undue burden on 
competition.

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

    The foregoing rule change has become effective pursuant to Section 
19(b)(3)(A)(ii) of the Act \10\ and Rule 19b-4(f)(2) \11\ thereunder. 
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.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \11\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-ISE-2018-66 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities 
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.

All submissions should refer to File Number SR-ISE-2018-66. 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

[[Page 41126]]

Reference Room, 100 F Street NE, Washington, DC 20549, on official 
business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of 
the filing also will be available for inspection and copying at the 
principal office of the Exchange. All comments received will be posted 
without change. Persons submitting comments are cautioned that we do 
not redact or edit personal identifying information from comment 
submissions. You should submit only information that you wish to make 
available publicly. All submissions should refer to File Number SR-ISE-
2018-66 and should be submitted on or before September 7, 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. 2018-17738 Filed 8-16-18; 8:45 am]
 BILLING CODE 8011-01-P



                                              41124                                    Federal Register / Vol. 83, No. 160 / Friday, August 17, 2018 / Notices

                                              comments more efficiently, please use                                     SECURITIES AND EXCHANGE                                                    principal office of the Exchange, and at
                                              only one method. The Commission will                                      COMMISSION                                                                 the Commission’s Public Reference
                                              post all comments on the Commission’s                                                                                                                Room.
                                              internet website (http://www.sec.gov/                                     [Release No. 34–83830; File No. SR–ISE–
                                              rules/sro.shtml). Copies of the                                           2018–66]                                                                   II. Self-Regulatory Organization’s
                                              submission, all subsequent                                                                                                                           Statement of the Purpose of, and
                                                                                                                        Self-Regulatory Organizations; Nasdaq                                      Statutory Basis for, the Proposed Rule
                                              amendments, all written statements
                                                                                                                        ISE, LLC; Notice of Filing and                                             Change
                                              with respect to the proposed rule
                                                                                                                        Immediate Effectiveness of Proposed
                                              change that are filed with the
                                                                                                                        Rule Change To Amend the                                                     In its filing with the Commission, the
                                              Commission, and all written
                                              communications relating to the                                            Exchange’s Schedule of Fees Relating                                       Exchange included statements
                                              proposed rule change between the                                          to Crossing Orders and Responses to                                        concerning the purpose of and basis for
                                              Commission and any person, other than                                     Crossing Orders in Index Options on                                        the proposed rule change and discussed
                                              those that may be withheld from the                                       the Nasdaq 100 Reduced Value Index                                         any comments it received on the
                                              public in accordance with the                                             August 13, 2018.                                                           proposed rule change. The text of these
                                              provisions of 5 U.S.C. 552, will be                                          Pursuant to Section 19(b)(1) of the                                     statements may be examined at the
                                              available for website viewing and                                         Securities Exchange Act of 1934                                            places specified in Item IV below. The
                                              printing in the Commission’s Public                                       (‘‘Act’’),1 and Rule 19b–4 thereunder,2                                    Exchange has prepared summaries, set
                                              Reference Room, 100 F Street NE,                                          notice is hereby given that on August 1,                                   forth in sections A, B, and C below, of
                                              Washington, DC 20549, on official                                         2018, Nasdaq ISE, LLC (‘‘ISE’’ or                                          the most significant aspects of such
                                              business days between the hours of                                        ‘‘Exchange’’) filed with the Securities                                    statements.
                                              10:00 a.m. and 3:00 p.m. Copies of the                                    and Exchange Commission
                                              filing also will be available for                                                                                                                    A. Self-Regulatory Organization’s
                                                                                                                        (‘‘Commission’’) the proposed rule                                         Statement of the Purpose of, and
                                              inspection and copying at the principal                                   change as described in Items I and II
                                              office of the Exchange. All comments                                                                                                                 Statutory Basis for, the Proposed Rule
                                                                                                                        below, which Items have been prepared
                                              received will be posted without change.                                                                                                              Change
                                                                                                                        by the Exchange. The Commission is
                                              Persons submitting comments are                                           publishing this notice to solicit                                          1. Purpose
                                              cautioned that we do not redact or edit                                   comments on the proposed rule change
                                              personal identifying information from                                     from interested persons.                                                      The Exchange recently adopted
                                              comment submissions. You should                                                                                                                      transaction fees and rebates for adding
                                              submit only information that you wish                                     I. Self-Regulatory Organization’s                                          or removing liquidity from ISE (i.e.,
                                              to make available publicly. All                                           Statement of the Terms of Substance of                                     maker/taker fees and rebates) in NQX
                                              submissions should refer to File                                          the Proposed Rule Change                                                   options, which apply to executions in
                                              Number SR–BX–2018–037 and should                                             The Exchange proposes to amend the                                      both the regular and complex order
                                              be submitted on or before September 7,                                    Exchange’s Schedule of Fees to provide                                     book, according to the following
                                              2018.                                                                     further explanation on how the                                             schedule: 3
                                                For the Commission, by the Division of                                  Exchange charges Crossing Orders and
                                              Trading and Markets, pursuant to delegated                                Responses to Crossing Orders in index
                                              authority.13                                                              options on the Nasdaq 100 Reduced
                                              Robert W. Errett,                                                         Value Index (‘‘NQX’’).
                                              Deputy Secretary.                                                            The text of the proposed rule change
                                              [FR Doc. 2018–17742 Filed 8–16–18; 8:45 am]                               is available on the Exchange’s website at
                                              BILLING CODE 8011–01–P                                                    http://ise.cchwallstreet.com/, at the

                                                                                                                                                                                                                           Maker          Taker
                                                                                                                    Market participant                                                                                   fee/rebate     fee/rebate

                                              Market Maker ...........................................................................................................................................................        ($0.25)           $0.00
                                              Market Maker (for orders sent by Electronic Access Members) .............................................................................                                        (0.25)            0.00
                                              Non-Nasdaq ISE Market Maker (FarMM) ...............................................................................................................                                0.25            0.25
                                              Firm Proprietary/Broker-Dealer ................................................................................................................................                    0.25            0.25
                                              Professional Customer ............................................................................................................................................                 0.25            0.25
                                              Priority Customer .....................................................................................................................................................            0.00            0.00



                                                In SR–ISE–2018–61, the Exchange                                         the taker fee applies to Crossing Orders                                   of Crossing Orders, and to Responses to
                                              stated that the above pricing would                                       (i.e., both the originating and contra side                                Crossing Orders.’’ 6
                                              apply to all executions in NQX,                                           of the order) in NQX as well as                                              The Exchange does not seek to amend
                                              including Non-Priority Customer 4                                         responses to such orders by noting the                                     the manner in which Crossing Orders in
                                              Crossing Orders 5 in NQX. The                                             following in Section III.B: ‘‘Fee will also                                NQX and responses thereto are
                                              Exchange now proposes to clarify that                                     apply to the originating and contra side                                   currently charged, rather the Exchange
amozie on DSK3GDR082PROD with NOTICES1




                                                13 17  CFR 200.30–3(a)(12).                                             Proprietary/Broker-Dealers, and Professional                               in the Block Order Mechanism are also considered
                                                1 15  U.S.C. 78s(b)(1).                                                 Customers.                                                                 Crossing Orders.
                                                 2 17 CFR 240.19b–4.                                                      5 A ‘‘Crossing Order’’ is an order executed in the                         6 ‘‘Responses to Crossing Order’’ is any contra-
                                                 3 See Securities Exchange Act Release No. 83639                        Exchange’s Facilitation Mechanism, Solicited Order                         side interest submitted after the commencement of
                                              (July 16, 2018) (SR–ISE–2018–61).                                         Mechanism, Price Improvement Mechanism (PIM)                               an auction in the Exchange’s Facilitation
                                                 4 ‘‘Non-Priority Customers’’ include Market                            or submitted as a Qualified Contingent Cross order.                        Mechanism, Solicited Order Mechanism, Block
                                              Makers, Non-Nasdaq ISE Market Makers, Firm                                For purposes of the fee schedule, orders executed                          Order Mechanism or PIM.



                                         VerDate Sep<11>2014         17:17 Aug 16, 2018         Jkt 244001      PO 00000       Frm 00083        Fmt 4703      Sfmt 4703       E:\FR\FM\17AUN1.SGM              17AUN1


                                                                                   Federal Register / Vol. 83, No. 160 / Friday, August 17, 2018 / Notices                                             41125

                                              seeks to more clearly state in its                         Orders in NQX as compared to other                        III. Date of Effectiveness of the
                                              Schedule of Fees that taker pricing                        Non-Priority Customers, who are                           Proposed Rule Change and Timing for
                                              applies for such orders. While the                         currently assessed the $0.25 per contract                 Commission Action
                                              Exchange is not aware of any member                        taker fee for such orders. Market                            The foregoing rule change has become
                                              confusion with respect to this fee, the                    Makers, unlike other market                               effective pursuant to Section
                                              Exchange believes this specificity will                    participants, take on a number of                         19(b)(3)(A)(ii) of the Act 10 and Rule
                                              help preclude any potential confusion                      obligations, including quoting                            19b–4(f)(2) 11 thereunder. At any time
                                              in how its fees will apply.                                obligations, that other market                            within 60 days of the filing of the
                                              2. Statutory Basis                                         participants do not have. Further, the                    proposed rule change, the Commission
                                                                                                         Exchange believes that it is equitable                    summarily may temporarily suspend
                                                 The Exchange believes that its
                                                                                                         and not unfairly discriminatory to                        such rule change if it appears to the
                                              proposal is consistent with Section 6(b)
                                                                                                         assess no transaction fees to Priority                    Commission that such action is: (i)
                                              of the Act,7 in general, and furthers the
                                                                                                         Customer 9 Crossing Orders and                            Necessary or appropriate in the public
                                              objectives of Sections 6(b)(4) and 6(b)(5)
                                                                                                         Responses to Crossing Orders in NQX                       interest; (ii) for the protection of
                                              of the Act,8 in particular, in that it
                                                                                                         because Priority Customer order flow                      investors; or (iii) otherwise in
                                              provides for the equitable allocation of
                                                                                                         enhances liquidity on the Exchange for                    furtherance of the purposes of the Act.
                                              reasonable dues, fees, and other charges
                                                                                                                                                                   If the Commission takes such action, the
                                              among members and issuers and other                        the benefit of all market participants.
                                                                                                                                                                   Commission shall institute proceedings
                                              persons using any facility, and is not                     Priority Customer liquidity provides
                                                                                                                                                                   to determine whether the proposed rule
                                              designed to permit unfair                                  more trading opportunities, which                         should be approved or disapproved.
                                              discrimination between customers,                          attracts Market Makers. An increase in
                                              issuers, brokers, or dealers.                              the activity of these market participants                 IV. Solicitation of Comments
                                                 The Exchange believes that the                          in turn facilitates tighter spreads, which                  Interested persons are invited to
                                              proposed language relating to the                          may cause an additional corresponding                     submit written data, views, and
                                              application of taker fees to Crossing                      increase in order flow from other market                  arguments concerning the foregoing,
                                              Orders and Responses to Crossing                                                                                     including whether the proposed rule
                                                                                                         participants.
                                              Orders in NQX is reasonable because                                                                                  change is consistent with the Act.
                                              the proposed rule text will bring greater                  B. Self-Regulatory Organization’s                         Comments may be submitted by any of
                                              transparency to the manner in which                        Statement on Burden on Competition                        the following methods:
                                              the Exchange charges NQX orders
                                              submitted in ISE’s various crossing                           The Exchange does not believe that                     Electronic Comments
                                              mechanisms. As discussed above, the                        the proposed rule change will impose                        • Use the Commission’s internet
                                              Exchange charges members the                               any burden on competition not                             comment form (http://www.sec.gov/
                                              applicable taker fee to both the                           necessary or appropriate in furtherance                   rules/sro.shtml); or
                                              originating and contra side of Crossing                    of the purposes of the Act. As discussed                    • Send an email to rule-comments@
                                              Orders in NQX as well charging the                         above, the proposal is intended to                        sec.gov. Please include File Number SR–
                                              NQX taker pricing for Responses to                         eliminate ambiguity from the Schedule                     ISE–2018–66 on the subject line.
                                              Crossing Orders. The Exchange believes                     of Fees by further explaining how ISE
                                              it is reasonable and appropriate to                                                                                  Paper Comments
                                                                                                         charges the originating and contra side
                                              charge taker and not maker pricing for                     of Crossing Orders in NQX as well as                        • Send paper comments in triplicate
                                              these orders because the Exchange seeks                    Responses to Crossing Orders in NQX.                      to Secretary, Securities and Exchange
                                              to encourage market making activity in                     The proposal does not amend the                           Commission, 100 F Street NE,
                                              NQX by providing the $0.25 per                                                                                       Washington, DC 20549–1090.
                                                                                                         current manner in which the Exchange
                                              contract maker rebate to Market Maker                      assesses fees for Crossing Orders and                     All submissions should refer to File
                                              orders that post liquidity in the                          Responses to Crossing Orders in NQX,                      Number SR–ISE–2018–66. This file
                                              Exchange’s new proprietary product                                                                                   number should be included on the
                                                                                                         and the Exchange will continue to
                                              during the initial months of trading.                                                                                subject line if email is used. To help the
                                                                                                         assess the applicable taker fees in
                                              Furthermore, the manner in which the                                                                                 Commission process and review your
                                              Exchange applies the NQX taker fees in                     Section III.B for such NQX orders in a                    comments more efficiently, please use
                                              Section III.B is not changing with this                    uniform manner to all market                              only one method. The Commission will
                                              proposal, and the proposed changes are                     participants. For the foregoing reasons,                  post all comments on the Commission’s
                                              intended to bring greater clarity to ISE’s                 the Exchange believes that the proposed                   internet website (http://www.sec.gov/
                                              Schedule of Fees, to the benefit of all                    changes do not impose an undue burden                     rules/sro.shtml). Copies of the
                                              market participants.                                       on competition.                                           submission, all subsequent
                                                 The Exchange’s proposal to add the                      C. Self-Regulatory Organization’s                         amendments, all written statements
                                              clarifying language is also equitable and                                                                            with respect to the proposed rule
                                                                                                         Statement on Comments on the
                                              not unfairly discriminatory because the                                                                              change that are filed with the
                                                                                                         Proposed Rule Change Received From
                                              Exchange will continue to apply the                                                                                  Commission, and all written
                                                                                                         Members, Participants, or Others
                                              taker fees for Crossing Orders and                                                                                   communications relating to the
                                              Responses to Crossing Orders in NQX in                       No written comments were either                         proposed rule change between the
                                              a uniform manner for all similarly                         solicited or received.                                    Commission and any person, other than
                                              situated participants. The Exchange also                                                                             those that may be withheld from the
amozie on DSK3GDR082PROD with NOTICES1




                                              believes that it is equitable and not                                                                                public in accordance with the
                                              unfairly discriminatory to assess no                          9 A ‘‘Priority Customer’’ is a person or entity that
                                                                                                                                                                   provisions of 5 U.S.C. 552, will be
                                              taker fees to Market Maker Crossing                        is not a broker/dealer in securities, and does not        available for website viewing and
                                              Orders and Responses to Crossing                           place more than 390 orders in listed options per day      printing in the Commission’s Public
                                                                                                         on average during a calendar month for its own
                                                7 15   U.S.C. 78f(b).                                    beneficial account(s), as defined in Nasdaq ISE Rule       10 15   U.S.C. 78s(b)(3)(A)(ii).
                                                8 15   U.S.C. 78f(b)(4) and (5).                         100(a)(37A).                                               11 17   CFR 240.19b–4(f)(2).



                                         VerDate Sep<11>2014      17:17 Aug 16, 2018   Jkt 244001   PO 00000   Frm 00084   Fmt 4703   Sfmt 4703   E:\FR\FM\17AUN1.SGM        17AUN1


                                              41126                          Federal Register / Vol. 83, No. 160 / Friday, August 17, 2018 / Notices

                                              Reference Room, 100 F Street NE,                        office, and at the Commission’s Public                  Maker using the same MPID via the
                                              Washington, DC 20549, on official                       Reference Room.                                         MEO Interface or the FIX Interface.8 In
                                              business days between the hours of                                                                              such a case, the System 9 will cancel the
                                                                                                      II. Self-Regulatory Organization’s
                                              10:00 a.m. and 3:00 p.m. Copies of the                                                                          oldest of the orders back to the entering
                                                                                                      Statement of the Purpose of, and
                                              filing also will be available for                                                                               party prior to execution.
                                                                                                      Statutory Basis for, the Proposed Rule                     Members of the Exchange may either
                                              inspection and copying at the principal
                                              office of the Exchange. All comments                    Change                                                  be Market Makers or Electronic
                                              received will be posted without change.                   In its filing with the Commission, the                Exchange Members.10 Each Market
                                              Persons submitting comments are                         Exchange included statements                            Maker and Electronic Exchange Member
                                              cautioned that we do not redact or edit                 concerning the purpose of and basis for                 is assigned an MPID by the Exchange for
                                              personal identifying information from                   the proposed rule change and discussed                  identification purposes. A Member may
                                              comment submissions. You should                         any comments it received on the                         have multiple Market Maker MPIDs on
                                              submit only information that you wish                   proposed rule change. The text of these                 the Exchange, therefore the possibility
                                              to make available publicly. All                         statements may be examined at the                       exists that a Member may cross its own
                                              submissions should refer to File                        places specified in Item IV below. The                  Market Maker’s orders.11
                                              Number SR–ISE–2018–66 and should be                     Exchange has prepared summaries, set                       The Exchange now proposes to allow
                                              submitted on or before September 7,                     forth in sections A, B, and C below, of                 members to choose to have this
                                              2018.                                                   the most significant aspects of such                    protection applied at either the MPID
                                                For the Commission, by the Division of                statements.                                             level, as currently implemented, or at
                                              Trading and Markets, pursuant to delegated                                                                      the member firm level. If members
                                                                                                      A. Self-Regulatory Organization’s                       choose to have this protection applied at
                                              authority.12
                                                                                                      Statement of the Purpose of, and                        the member firm level, the System will
                                              Robert W. Errett,
                                                                                                      Statutory Basis for, the Proposed Rule                  prohibit orders entered from different
                                              Deputy Secretary.                                       Change                                                  MPIDs within the Member’s firm from
                                              [FR Doc. 2018–17738 Filed 8–16–18; 8:45 am]
                                                                                                      1. Purpose                                              trading against one another. The
                                              BILLING CODE 8011–01–P
                                                                                                                                                              Exchange believes that the proposed
                                                                                                         The Exchange proposes to amend                       enhancement will provide Members
                                                                                                      Exchange Rule 514, Priority on the                      with more tailored self-trade
                                              SECURITIES AND EXCHANGE                                 Exchange. Specifically, the Exchange                    functionality that will allow Members to
                                              COMMISSION                                              proposes to amend subsection (c), Self-                 manage their trading as appropriate
                                              [Release No. 34–83835; File No. SR–                     Trade Protection, to broaden the                        based on the Member’s business needs.
                                              PEARL–2018–15]                                          protection afforded under the current                   While the Exchange believes that some
                                                                                                      rule by giving Members 3 the option to                  firms will want to restrict trading
                                              Self-Regulatory Organizations; MIAX                     have this protection apply at the market                interest from the same MPID, (as
                                              PEARL, LLC; Notice of Filing and                        participant identifier (‘‘MPID’’) 4 level               currently implemented), the Exchange
                                              Immediate Effectiveness of a Proposed                   (i.e., currently existing functionality), or            believes that other firms will find it
                                              Rule Change to the Exchange Rule 514                    at the firm level. The Exchange believes                helpful to apply self-trade protection
                                              Priority on the Exchange                                that this enhancement will provide                      across all MPIDs of the same firm.
                                              August 13, 2018.
                                                                                                      helpful flexibility for market making                      The Exchange note that similar
                                                 Pursuant to the provisions of Section                firms that wish to prevent trading                      functionality also exists on the Nasdaq
                                              19(b)(1) of the Securities Exchange Act                 against all orders entered by their firm                Stock Market (‘‘NASDAQ’’) which
                                              of 1934 (‘‘Act’’) 1 and Rule 19b–4                      under any MPID, instead of just those                   prevents self-trades by MPID, or
                                              thereunder,2 notice is hereby given that                entered under the same MPID.                            alternatively, if selected by the member,
                                              on August 1, 2018, MIAX PEARL, LLC                         Currently, the rule prevents orders                  self-trade protection for all MPIDs of the
                                              (‘‘MIAX PEARL’’ or ‘‘Exchange’’) filed                  entered by a Market Maker 5 via the                     firm.12 Cboe BZX Exchange
                                              with the Securities and Exchange                        MEO Interface 6 or the FIX Interface 7                  (‘‘CboeBZX’’) also has a similar rule in
                                              Commission (‘‘Commission’’) a                           using the same MPID from executing                      place which provides members the
                                              proposed rule change as described in                    against orders entered on the opposite                  ability to apply Match Trade Prevention
                                              Items I, II, and III below, which Items                 side of the market by the same Market                   (‘‘MTP’’) modifiers (CboeBZX’s version
                                              have been prepared by the Exchange.                        3 The term ‘‘Member’’ means an individual or           8 See  Exchange Rule 514(c)(1).
                                              The Commission is publishing this                       organization that is registered with the Exchange         9 The  term ‘‘System’’ means the automated
                                              notice to solicit comments on the                       pursuant to Chapter II of MIAX PEARL Rules for          trading system used by the Exchange for the trading
                                              proposed rule change from interested                    purposes of trading on the Exchange as an               of securities. See Exchange Rule 100.
                                              persons.                                                ‘‘Electronic Exchange Member’’ or ‘‘Market Maker.’’        10 The term ‘‘Electronic Exchange Member’’ or
                                                                                                      Members are deemed ‘‘members’’ under the                ‘‘EEM’’ means the holder of a Trading Permit who
                                              I. Self-Regulatory Organization’s                       Exchange Act. See Exchange Rule 100.                    is a Member representing as agent Public Customer
                                                                                                         4 The term ‘‘MPID’’ means unique market
                                              Statement of the Terms of Substance of                                                                          Orders or Non-Customer Orders on the Exchange
                                                                                                      participant identifier. See Exchange Rule 100.          and those non-Market Maker Members conducting
                                              the Proposed Rule Change                                   5 The term ‘‘Market Maker’’ or ‘‘MM’’ means a        proprietary trading. Electronic Exchange Members
                                                 The Exchange is filing a proposal to                 Member registered with the Exchange for the             are deemed ‘‘members’’ under the Exchange Act.
                                              amend Exchange Rule 514, Priority on                    purpose of making markets in options contracts          See Exchange Rule 100.
                                                                                                      traded on the Exchange and that is vested with the         11 The Exchange notes that if requested by an
                                              the Exchange.                                           rights and responsibilities specified in Chapter VI     EEM, orders entered by an EEM via the MEO
                                                 The text of the proposed rule change
amozie on DSK3GDR082PROD with NOTICES1




                                                                                                      of the MIAX PEARL Rules. See Exchange Rule 100.         Interface using the same MPID will not be executed
                                              is available on the Exchange’s website at                  6 The term ‘‘MEO Interface’’ means a binary order    against orders entered on the opposite side of the
                                              http://www.miaxoptions.com/rule-                        interface used for submitting certain order types (as   market by the same EEM using the same MPID via
                                                                                                      set forth in Rule 516) to the MIAX PEARL System.        the MEO Interface. In such a case, the System will
                                              filings/pearl at MIAX PEARL’s principal                 See Exchange Rule 100.                                  cancel the oldest of the orders back to the entering
                                                                                                         7 The term ‘‘FIX Interface’’ means the Financial     party prior to execution. See Exchange Rule
                                                12 17 CFR 200.30–3(a)(12).                            Information Exchange interface used for submitting      514(c)(2).
                                                1 15 U.S.C. 78s(b)(1).                                certain order types (as set forth in Rule 516) to the      12 See Nasdaq Stock Market Rule, Chapter VI, Sec.
                                                2 17 CFR 240.19b–4.                                   MIAX PEARL System. See Exchange Rule 100.               18(c)(1).



                                         VerDate Sep<11>2014   17:17 Aug 16, 2018   Jkt 244001   PO 00000   Frm 00085   Fmt 4703   Sfmt 4703   E:\FR\FM\17AUN1.SGM      17AUN1



Document Created: 2018-08-17 03:25:06
Document Modified: 2018-08-17 03:25:06
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation83 FR 41124 

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