83_FR_43114 83 FR 42949 - Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Rule 6.53, Certain Types of Orders Defined and Rule 6.53C, Complex Orders on the Hybrid System

83 FR 42949 - Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Rule 6.53, Certain Types of Orders Defined and Rule 6.53C, Complex Orders on the Hybrid System

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 165 (August 24, 2018)

Page Range42949-42954
FR Document2018-18295

Federal Register, Volume 83 Issue 165 (Friday, August 24, 2018)
[Federal Register Volume 83, Number 165 (Friday, August 24, 2018)]
[Notices]
[Pages 42949-42954]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-18295]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83891; File No. SR-CBOE-2018-058]


Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend 
Rule 6.53, Certain Types of Orders Defined and Rule 6.53C, Complex 
Orders on the Hybrid System

August 20, 2018.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given 
that on August 10, 2018, Cboe Exchange, Inc. (the ``Exchange'') filed 
with the Securities and Exchange Commission (the ``Commission'') the 
proposed rule change as described in Items I and II below, which Items 
have been prepared by the Exchange. The Exchange filed the proposal 
pursuant to Section 19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-
4(f)(6) thereunder.\4\ 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.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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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 6.53 (Certain Types of Orders 
Defined) and Rule 6.53C (Complex Orders on the Hybrid System) to add 
Qualified Contingent Cross (``QCC'') with Stock Order functionality.

(additions are italicized; deletions are [bracketed])
* * * * *

Cboe Exchange, Inc. Rules

* * * * *

Rule 6.53. Certain Types of Orders Defined

    One or more of the following order types may be made available on a 
class-by-class basis. Certain order types may not be made available for 
all Exchange systems. The classes and/or systems for which the order 
types shall be available will be as provided in the Rules, as the 
context may indicate, or as otherwise specified via Regulatory 
Circular.
    (a)-(t) No Change.
    (u) Qualified Contingent Cross Order: A qualified contingent cross 
(``QCC'') order is an initiating order to buy (sell) at least 1,000 
standard option contracts or 10,000 mini-option contracts that is 
identified as being part of a qualified contingent trade coupled with a 
contra-side order or orders totaling an equal number of contracts. 
[Qualified contingent cross]QCC orders with one option leg may only be 
entered in the standard increments applicable to simple orders in the 
options class under Rule 6.42. [Qualified contingent cross]QCC orders 
with more than one option leg may be entered in the increments 
specified for complex orders under Rule 6.42. For purposes of this 
order type:
    (i)-(ii) No Change.
    (iii) QCC with Stock Orders. A ``QCC with Stock Order'' is a 
qualified contingent cross order, as defined above, entered with a 
stock component to be electronically communicated by the Exchange to a 
designated broker-dealer for execution on behalf of the submitting 
Trading Permit Holder pursuant to Rule 6.53C, Interpretation and Policy 
.06(g).
* * * * *

Rule 6.53C. Complex Orders on the Hybrid System

* * * * *
    . . . Interpretations and Policies:
    .01-.05 No Change.
    .06 Special Provisions Applicable to Stock-Option Orders: Stock-
option orders may be executed against other automated stock-option 
orders. Stock-option orders will not be legged against the individual 
component legs, except as provided in paragraph (d) below, and leg 
orders will not be generated pursuant to paragraph (c)(iv) of this Rule 
for stock-option orders.
    (a)-(f) No Change.
    (g) QCC with Stock Orders. The System processes QCC with Stock 
Orders as follows:
    (1) Entry of QCC with Stock Order. When a Trading Permit Holder 
enters a QCC with Stock Order on the Exchange, it enters a QCC order 
pursuant to Rule 6.53(u) with a stock component (pursuant to Rule 
6.53(u)(iii)). When entering a QCC with Stock Order, the Trading Permit 
Holder must:
    (A) include a net price for the stock and option components;
    (B) give up a Clearing Trading Permit Holder in accordance with 
Rule 6.21; and
    (C) designate a specific broker-dealer to which the stock 
components will be

[[Page 42950]]

communicated, which broker-dealer the Exchange must have identified as 
having connectivity to electronically communicate the stock components 
of QCC with Stock Orders to stock trading venues and with which the TPH 
must have entered into a brokerage agreement (the ``designated broker-
dealer''). The Exchange will have no financial arrangements with the 
broker-dealers it has identified with respect to communicating stock 
orders to them.
    (2) Option Component.
    (A) If the option component (i.e., the QCC order) of a QCC with 
Stock Order can execute, the System executes it in accordance with Rule 
6.45(a) or 6.53C(c), as applicable, but does not immediately send the 
Trading Permit Holder a trade execution report. The System then 
automatically communicates the stock component to the designated 
broker-dealer for execution.
    (B) If the option component of a QCC with Stock Order cannot 
execute, the System cancels the QCC with Stock Order, including both 
the stock and option components.
    (3) Stock Component.
    (A) If the System receives an execution report for the stock 
component of a QCC with Stock Order from the designated broker-dealer, 
the Exchange sends the Trading Permit Holder the trade execution report 
for the QCC with Stock Order, including execution information for both 
the stock and option components.
    (B) If the System receives a report from the designated broker-
dealer that the stock component of a QCC with Stock Order cannot 
execute, the Exchange nullifies the option component trade and notifies 
the Trading Permit Holder of the reason for the nullification.
    QCC with Stock Orders are available to Trading Permit Holders on a 
voluntary basis.
* * * * *
    The text of the proposed rule change is also available on the 
Exchange's website (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the 
Secretary, 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 purpose of the proposed rule change is to offer QCC with Stock 
Order functionality to Trading Permit Holders (``TPHs''). QCC with 
Stock Order functionality facilitates the execution of the stock 
component of qualified contingent trades (``QCTs''). Specifically, a 
QCC with Stock Order is a QCC order entered with a stock component to 
be communicated to a designated broker-dealer for execution. QCC with 
Stock Orders will assist TPHs in maintaining compliance with rules 
regarding the execution of the stock components of QCTs, and help 
maintain an audit trail for surveillance of TPHs for compliance with 
such rules. Currently, although the Exchange offers QCC order 
functionality, it does not facilitate electronic communication of the 
stock component of QCC orders for execution. The proposed rule change 
provides TPHs with the option to electronically submit the stock 
component of QCC orders to the Exchange, and describes how the Exchange 
will electronically communicate the stock component to a designated 
broker-dealer for execution on behalf of TPHs.
    A QCC order is comprised of an originating order to buy or sell at 
least 1000 contracts that is identified as being part of a QCT,\5\ 
coupled with a contra-side order or orders totaling an equal number of 
contracts. QCC orders may execute without exposure provided the 
execution (1) is not at the same price as a public customer order 
resting in the electronic book and (2) is at or between the NBBO.\6\ 
QCC orders will be cancelled if they cannot be executed.\7\
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    \5\ See Rule 6.53(u)(i). The proposed rule change also modifies 
Rule 6.53(u) to define Qualified Contingent Cross orders as ``QCC 
orders''. A ``qualified contingent trade'' is a transaction 
consisting of two or more component orders, executed as agent or 
principal, where: (1) At least one component is an NMS stock, as 
defined in Rule 600 of Regulation NMS under the Exchange Act; (2) 
all components are effected with a product or price contingency that 
either has been agreed to by all the respective counterparties or 
arranged for by a broker-dealer as principal or agent; (3) the 
execution of one component is contingent upon the execution of all 
other components at or near the same time; (4) the specific 
relationship between the component orders (e.g., the spread between 
the prices of the component orders) is determined by the time the 
contingent order is placed; (5) the component orders bear a 
derivative relationship to one another, represent different classes 
of shares of the same issuer, or involve the securities of 
participants in mergers or with intentions to merge that have been 
announced or cancelled; and (6) the transaction is fully hedged 
(without regard to any prior existing position) as a result of other 
components of the contingent trade.
    \6\ See Rule 6.53(u)(ii).
    \7\ Id.
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    Since QCC orders represent one component of a QCT, each QCC order 
must be paired with a stock order. When a TPH enters a QCC order, the 
TPH is responsible for executing the associated stock component of the 
QCT within a reasonable period of time after the QCC order is executed. 
The Exchange conducts surveillance of TPHs to ensure that TPHs execute 
the stock component of a QCT at or near the same time as the options 
component. While the Exchange does not specify how the TPH should go 
about executing the stock component of the trade, this process is often 
manual and is therefore a compliance risk for TPHs if they do not 
execute the stock component within a reasonable time period of 
execution of the options component. Thus, the Exchange is proposing to 
offer QCC with Stock Order functionality, pursuant to which the 
Exchange will automatically communicate the stock component of a QCT to 
a designated broker-dealer for execution in connection with the 
execution of a QCC order on the Exchange. This functionality will 
reduce the compliance burden on TPHs by providing an automated means of 
executing the stock component of a QCT, and also will provide benefits 
for the Exchange's surveillance by providing an audit trail for the 
execution of the stock component. QCC with Stock Orders can be entered 
by TPHs through a front-end order and execution management system or 
through a TPH's own electronic connection to the Exchange.
    QCC with Stock Orders will be available to all TPHs on a voluntary 
basis.\8\ Under the proposed rule, when a TPH enters a QCC with Stock 
Order on the Exchange, it enters a QCC order pursuant to current Rule 
6.53(u) with a stock component (pursuant to proposed Rule 
6.53(u)(iii)). When entering a QCC with Stock Order, the TPH must:
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    \8\ See proposed Rule 6.53C, Interpretation and Policy .06(g).
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     Enter a net price for the stock and option components. 
Net-priced QCC with Stock Orders reduce the chance that TPHs will miss 
the market since the Exchange will calculate a price for the stock and 
options components that honors the net price of the package and

[[Page 42951]]

current market prices, if possible. It is also consistent with the use 
of QCTs.\9\ The Exchange will not allow QCC with Stock Orders with a 
specified price for the stock component or the option component;
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    \9\ See Securities Exchange Act Release No. 54389 (August 31, 
2006), 71 FR 52829, 52831 (September 7, 2006) (Order Granting an 
Exemption for Qualified Contingent Trades from Rule 611(a) of 
Regulation NMS Under the Securities Exchange Act of 1934) (``QCT 
Exemption Order''). In its exemption request, the Securities 
Industry Association (``SIA'') indicated parties to a contingent 
transaction are focused on the spread or ratio between the 
transaction prices for each of the component instruments, rather 
than on the absolute price of any single component instrument. The 
SIA also noted the economics of a contingent trade are based on the 
relationship between the prices of the security and related 
derivative or security. See Letter to Nancy M. Morris, Secretary, 
Commission, from Andrew Madoff, SIA Trading Committee, SIA, dated 
June 21, 2006 (``SIA Exemption Request''), at 2.
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     give up a Clearing TPH in accordance with Rule 6.21. 
Pursuant to Rule 6.21, a TPH must give up a Clearing TPH it previously 
identified to the Exchange as Designated Give Up for that TPH for all 
orders it submits to the Exchange. This is currently required for all 
stock-option orders pursuant to Rule 6.53C, Interpretation and Policy 
.06(a); and
     designate a specific broker-dealer to which the stock 
components will be communicated, which broker-dealer the Exchange must 
have identified as having connectivity to electronically communicate 
the stock components of QCC with Stock Orders to stock trading venues 
and with which the TPH must have entered into a brokerage agreement 
(the ``designated broker-dealer''). The Exchange will have no financial 
arrangements with any broker-dealer it has identified with respect to 
communicating stock orders to them.\10\ This is currently required for 
the submission of all stock-option orders pursuant to Rule 6.53C, 
Interpretation and Policy .06(a). The Exchange currently has one 
broker-dealer that has established connectivity for executing the stock 
component of QCC with Stock Orders. If the Exchange adds more in the 
future, and the TPH enters into brokerage agreements with multiple of 
the broker-dealers designated by the Exchange, the TPH must specify to 
which broker-dealer the Exchange should communicate the stock 
components of its QCC with Stock Orders when entering QCC with Stock 
Orders.
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    \10\ The Exchange also represents that broker dealers it 
identifies as having connectivity to electronically communicate the 
stock components of QCC with Stock Orders to stock trading venues do 
not receive other special benefits related to trading on the 
exchange.
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    Current Exchange fees applicable to stock-option orders will apply 
to the stock component of QCC with Stock Orders.\11\ Further, current 
Exchange fees applicable to QCC orders will apply to the options 
component of QCC with Stock Orders.\12\
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    \11\ See Cboe Exchange, Inc. Fees Schedule.
    \12\ Id.
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    If the option component of a QCC with Stock Order satisfies the 
conditions of Rule 6.53(u) upon entry, the System executes the order in 
accordance with Rule 6.45(a) (which describes how simple option orders 
execute) or 6.53C(c) (which describes how complex orders execute). 
However, the Exchange does not immediately send the TPH a trade 
execution report for this option execution.\13\ Because the TPH 
submitted a QCC with Stock Order to execute as a package, the Exchange 
waits to send a trade execution report to the TPH until after it has 
determined whether all components of the QCC with Stock Order have 
executed, as described below. After the QCC order is executed, the 
Exchange will then automatically communicate the stock component to the 
designated broker-dealer for execution.
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    \13\ Even though the Exchange does not send the Trading Permit 
Holder an execution report immediately following execution of the 
option component, the Exchange disseminates the trade at that time 
pursuant to the OPRA Plan and creates a record to be sent to the 
Clearing Corporation.
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    Although the option component (which is a QCC order) of a QCC with 
Stock Order is eligible for automatic execution, it is possible that 
the option component order may not be executable based on market prices 
at the time the order is entered (e.g. the order would execute at the 
same price as a customer). If the QCC order cannot execute after one 
attempt, the System cancels the QCC with Stock Order, including both 
the stock and options components. This prevents execution of the stock 
component of a QCT where the options component has not been 
successfully executed, consistent with the purpose of contingent trades 
and the QCT exemption.
    As noted above, if the option component executes, the System then 
automatically communicates the stock component to the designated 
broker-dealer for execution. If the System receives an execution report 
for the stock component of a QCC with Stock Order from the designated 
broker-dealer, the Exchange sends the TPH the trade execution report 
for the QCC with Stock Order, including execution information for both 
the stock and option components. However, if the System receives a 
report from the designated broker-dealer that the stock component of 
the QCC with Stock Order cannot execute,\14\ the Exchange nullifies the 
option component trade and notifies the TPH of the reason for the 
nullification.\15\ This proposed rule change prevents execution of the 
option component of a QCT where the stock component has not been 
successfully executed, just as the proposed rule change prevents 
execution of the stock component of a QCT where the option component 
has not been successfully executed by cancelling the stock component if 
the option component cannot execute.
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    \14\ For example, if the stock execution venue to which the 
designated broker-dealer routed the stock component is experiencing 
system issues, the stock component may not be able to execute. 
Additionally, the Exchange understands certain stock execution 
venues apply risk controls to the stock components of QCTs, which 
may prevent execution of the stock components at certain prices.
    \15\ The Exchange will nullify the option component trade in the 
same manner as it currently nullifies any other trades (when 
nullification is permitted under the Rules).
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    Currently, whenever a stock trading venue nullifies the stock leg 
of a stock-option order or whenever the stock leg cannot execute, the 
Exchange will nullify the option leg upon request of one of the parties 
to the transaction or on an Exchange Official's own motion in 
accordance with the Rules.\16\ As noted above, to qualify as a QCT, the 
execution of one component is contingent upon the execution of all 
other components at or near the same time.\17\ Given this requirement, 
if the stock component does not execute at or near the same time as the 
option component, it is reasonable to expect a TPH that submitted a QCC 
with Stock Order to request such nullification.\18\ If

[[Page 42952]]

the stock component does not execute, rather than require the TPH that 
submitted the QCC with Stock Order to contact the Exchange to request 
the nullification of the option component execution pursuant to Rule 
6.25 if the stock component cannot execute, the proposed rule change 
simply eliminates this requirement for the submitting TPH to make such 
a request. Instead, the proposed rule states the Exchange will 
automatically nullify the option transaction if the stock component 
does not execute. The Exchange believes such nullification without a 
request from the TPH is consistent with the definitions of QCC and QCT 
orders. The proposed rule change merely automates a process that TPHs 
can manually do today.
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    \16\ See Rule 6.25, Interpretation and Policy .07(c). Pursuant 
to Rule 6.25, other nullifications may generally occur only if both 
parties agree.
    \17\ See QCT Exemption Order, which requires the execution of 
one component of the QCT to be contingent upon the execution of all 
other components at or near the same time to qualify for the 
exemption. In the SIA Exemption Request, the SIA stated that for 
contingent trades, the execution of one order is contingent upon the 
execution of the other order. SIA further stated that, by breaking 
up one or more components of a contingent trade and requiring that 
such components be separately executed, one or more parties may 
trade ``out of hedge.'' See SIA Exemption Request at 3. In other 
words, it takes two (executions) to make a thing (a QCT) go right.
    \18\ As set forth in Rule 6.53(u), when submitting a QCC order, 
a Trading Permit Holder submits an order as well as a contra-side 
order or orders totaling an equal number of contracts, which execute 
against each other if they satisfy the conditions set forth in that 
Rule. As a result, if that Trading Permit Holder requests 
nullification of the QCC order execution (or as proposed, if the 
Exchange automatically nullifies the QCC order execution) if the 
stock component cannot execute, no other party is impacted by the 
nullification.
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    Additionally, the Exchange believes this automatic nullification 
will reduce any compliance risk for the TPH associated with execution 
of a QCC order and lack of execution of a stock order at or near the 
same time.\19\ The Exchange conducts surveillance to ensure a TPH 
executes the stock component of a QCT, which will also apply to QCC 
with Stock Orders, if the option component executed. As a result, if 
the stock component does not execute when initially submitted to a 
stock trading venue by the designated broker-dealer, a TPH may be 
subject to compliance risk if it does not execute the stock component 
within a reasonable time period of the execution of the option 
component. The proposed rule change reduces this compliance risk for 
TPHs.
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    \19\ In the SIA Exemption Request, the SIA stated that parties 
to a contingent trade will not execute one side of the trade without 
the other component or components being executed in full (or in 
ratio) and at the specified spread or ratio. See SIA Exemption 
Request at 2. While a broker-dealer could re-submit the stock 
component to a stock trading venue or execution after it initially 
fails to execute, there is a compliance risk that the time at which 
the stock component executes is not close enough to the time at 
which the option component executed.
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    Example 1:

Stock NBBO: $100 x $101
Option NBBO: $1 x $2

    A TPH submits a QCC with Stock Order buying 1,000 puts and 100,000 
shares of stock with a net price of $101.50. A QCC order is entered on 
the Exchange and executed at a price of $1.50. The Exchange reports 
this trade to OPRA. The Exchange routes the stock component to an 
Exchange-designed broker-dealer at a price of $100. The Exchange 
receives a trade execution report from the designated broker-dealer 
that the stock component executed at $100, and sends a trade execution 
report for both components of the QCC with Stock Order to the TPH.
    Example 2:

Stock NBBO: $100 x $101
Option NBBO: $1 x $2

    A TPH submits a QCC with Stock Order buying 1,000 puts and 100,000 
shares of stock with a net price of $101.50. A QCC order is entered on 
the Exchange and executed at a price of $1.50. The Exchange reports 
this trade to OPRA. The Exchange routes the stock component to an 
Exchange-designed broker-dealer at a price of $100. The Exchange 
receives a report from the designated broker-dealer that the stock 
component did not execute. The Exchange nullifies the option component 
trade, and sends a report to the TPH of the reason for the 
nullification.
    Example 3:

Stock NBBO: $100 x $101
ABBO: $1.00 x $1.05
Exchange BBO: $1.00 (Priority Customer) x 1.01 (Priority Customer)

    A TPH submits a QCC with Stock Order buying 1,000 puts and 100,000 
shares of stock with a net price of 101.01. A QCC order is entered on 
the Exchange at a price of $1.01. Because the QCC order is at the same 
price as a priority customer order resting on the Exchange, the 
Exchange cancels the QCC with Stock Order.
    At a time following the effective and operative date of this rule 
change, the Exchange will announce the availability of QCC with Stock 
Orders via Exchange Notice.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with 
the Securities Exchange Act of 1934 (the ``Act'') and the rules and 
regulations thereunder applicable to the Exchange and, in particular, 
the requirements of Section 6(b) of the Act.\20\ Specifically, the 
Exchange believes the proposed rule change is consistent with the 
Section 6(b)(5) \21\ requirements that the rules of an exchange be 
designed to prevent fraudulent and manipulative acts and practices, to 
promote just and equitable principles of trade, to foster cooperation 
and coordination with persons engaged in regulating, clearing, 
settling, processing information with respect to, and facilitation 
transactions in securities, 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. Additionally, 
the Exchange believes the proposed rule change is consistent with the 
Section 6(b)(5) \22\ requirement that the rules of an exchange not be 
designed to permit unfair discrimination between customers, issuers, 
brokers, or dealers.
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    \20\ 15 U.S.C. 78f(b).
    \21\ 15 U.S.C. 78f(b)(5).
    \22\ Id.
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    The Exchange believes the proposed rule change is designed to 
promote just and equitable principles of trade because it will provide 
TPHs with optional functionality to facilitate the stock component of a 
QCT. The QCC with Stock Order is an optional piece of functionality 
offered to TPHs to communicate the stock component of a QCT to a 
designated broker-dealer for execution. A TPH that does not wish to use 
QCC with Stock Order functionality can continue to execute a QCT by 
entering a QCC order on the Exchange and separately executing the stock 
component of the QCT [sic] another venue, as it may do today. A TPH can 
also build its own technology to electronically communicate the stock 
component of any QCT to a broker-dealer for execution.
    QCC with Stock Orders reduce TPHs' compliance burden because it 
allows for the automatic submission of the stock component of a QCT in 
connection with the execution of the options component(s) as a QCC 
order on the Exchange. QCC with Stock Order functionality also provides 
benefits to the Exchange by establishing an audit trail for the 
execution of the stock component of a QCT within a reasonable period of 
time after the execution of the QCC order. The proposed rule change 
further reduces TPHs' compliance risk by providing that the Exchange 
will, in addition to cancelling the stock component if the option 
component cannot execute, nullify any option component execution when 
the stock component does not execute without a request from the TPH. 
Nullification of the option trade is consistent with the requirement 
that a TPH must execute the stock component of a QCT within a 
reasonable period of time after executing the option component on the 
Exchange as a QCC order. The proposed rule change simply eliminates the 
requirement that one party to the transaction request nullification of 
the option component trade before the Exchange nullifies the option 
trade, because such nullification is consistent with the definitions of 
QCC orders and QCT. The proposed rule change merely automates a process 
that TPHs can manually do today. As noted above, to qualify as a QCT, 
the execution of one component is contingent upon the execution of all

[[Page 42953]]

other components at or near the same time.\23\ Since the purpose of a 
QCC with Stock Order is for all components to trade at or near the same 
time, if the stock component does not execute at or near the same time 
as the option component, it is reasonable to expect a TPH that 
submitted a QCC with Stock Order to request such nullification to avoid 
any compliance risk associated with execution of a QCC order and lack 
of execution of a stock order at or near the same time.\24\
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    \23\ See supra note 13.
    \24\ See supra note 14.
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    The Exchange conducts surveillance to ensure a TPH executes the 
stock component of a QCT, which will also apply to QCC with Stock 
Orders, if the option component executed. As a result, if the stock 
component does not execute when initially submitted to a stock trading 
venue by the designated broker-dealer, a TPH may be subject to 
compliance risk if it does not execute the stock component within a 
reasonable time period of the execution of the option component. The 
proposed rule change reduces this compliance risk for TPHs. The 
Exchange therefore believes the proposed rule change removes 
impediments to and perfects the mechanisms of a free and open market 
and a national market system, and in general, protects investors and 
the public interest.
    The Exchange believes the proposed rule change to require a TPH to 
submit a QCC with Stock Order with a net price will also perfect the 
mechanism of a free and open market and a national market system and 
protect investors, because a net price will reduce the chance that TPHs 
will miss the market since the Exchange will calculate a price for the 
stock and options components that honors the net price of the package 
and current market prices, if possible. As noted above, a TPH that 
wants to enter a net price for the stock and option components can 
execute a QCT by entering a QCC order on the Exchange and separately 
executing the stock component of the QCT another venue, as it may do 
today. As noted above, submission of a QCC with Stock Order is 
consistent with the use of QCTs.\25\
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    \25\ See supra note 8.
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    Additionally, the proposed functionality is similar to 
functionality offered by another options exchange \26\ and consistent 
with the QCT exemption previously approved by the Commission.\27\
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    \26\ See Nasdaq ISE, LLC (``ISE'') Rules 715(t) and 721(c) and 
Supplementary Material.
    \27\ See QCT Exemption Order.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act. QCC with Stock Orders 
facilitate TPHs' compliance with the requirements associated with 
executing QCC orders on the Exchange, and are not designed to impose 
any unnecessary burden on competition. QCC with Stock Order 
functionality is available to TPHs on a voluntary basis, and TPHs are 
not required to use QCC with Stock Orders when executing QCTs. The 
proposed rule change has no impact on TPHs that elect to execute QCTs 
without using QCC with Stock Order functionality. Those TPHs may 
continue to execute QCTS in the same manner as they do today by 
entering a QCC order on the Exchange and separately executing the stock 
component of the QCT another venue. A TPH can also build its own 
technology to electronically communicate the stock component of any QCT 
to a broker-dealer for execution. For TPHs that elect to use QCC with 
Stock Order functionality to execute QCTs, the proposed rule change 
reduces those TPHs' compliance burdens to satisfy their obligation to 
execute the related stock component of the QCT within a reasonable 
period of time after the QCC order is executed on the Exchange, as this 
functionality provides an automated means for satisfying this 
obligation.
    QCC with Stock Orders are available to all TPHs either through a 
front-end order and execution management system or through a TPH's own 
electronic connection to the Exchange. Additionally, the proposed 
functionality is similar to functionality offered by another options 
exchange \28\ and consistent with the QCT exemption previously approved 
by the Commission.\29\
---------------------------------------------------------------------------

    \28\ See ISE Rules 715(t) and 721(c) and Supplementary Material.
    \29\ See QCT Exemption Order.
---------------------------------------------------------------------------

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    The Exchange neither solicited nor received comments on the 
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    Because the foregoing proposed rule change does not: (i) 
Significantly affect the protection of investors or the public 
interest; (ii) impose any significant burden on competition; and (iii) 
become operative for 30 days from the date on which it was filed, or 
such shorter time as the Commission may designate, it has become 
effective pursuant to Section 19(b)(3)(A) of the Act \30\ and Rule 19b-
4(f)(6) thereunder.\31\
---------------------------------------------------------------------------

    \30\ 15 U.S.C. 78s(b)(3)(A).
    \31\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written 
notice of its intent to file the proposed rule change, along with a 
brief description and the text of the proposed rule change, at least 
five business days prior to the date of filing of the proposed rule 
change, or such shorter time as designated by the Commission.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) normally does 
not become operative for 30 days after the date of filing. However, 
Rule 19b-4(f)(6)(iii) \32\ permits the Commission to designate a 
shorter time if such action is consistent with the protection of 
investors and the public interest. In its filing with the Commission, 
the Exchange requests that the Commission waive the 30-day operative 
delay. The Exchange states that its proposal is consistent with QCT 
rules and is designed to (1) help reduce a TPH's compliance burdens by 
providing an automated means to facilitate compliance with the 
obligations applicable to QCC with stock orders and (2) assist the 
Exchange with maintaining an audit trail and conducting surveillance of 
TPHs for compliance with the rules governing these types of trades. In 
addition, the Exchange noted that this functionality is optional, and 
TPHs can continue to execute QCTs manually or though alternative means 
as they do today. According to the Exchange, waiving the operative 
delay will allow the Exchange to update its rules immediately to 
reflect this functionality, to the benefit of members and other market 
participants. The Commission believes that waiving the 30-day operative 
delay is consistent with the protection of investors and the public 
interest because the QCC with Stock Order functionality is designed to 
help Exchange members that choose to use the functionality comply with 
their qualified contingent trade obligations in connection with a QCC 
Order,\33\ as well as help the Exchange surveil its members for 
compliance with the Exchange's rules for QCC Orders. Therefore, the 
Commission designates the proposed rule change operative upon 
filing.\34\
---------------------------------------------------------------------------

    \32\ 17 CFR 240.19b-4(f)(6)(iii).
    \33\ See supra note 5 and accompanying text.
    \34\ For purposes only of waiving the 30-day operative delay, 
the Commission has considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).

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

[[Page 42954]]

    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 change should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-CBOE-2018-058 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-CBOE-2018-058. 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-CBOE-2018-058 and should be submitted on 
or before September 14, 2018.
---------------------------------------------------------------------------

    \35\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\35\
Eduardo A. Aleman
Assistant Secretary.
[FR Doc. 2018-18295 Filed 8-23-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                                             Federal Register / Vol. 83, No. 165 / Friday, August 24, 2018 / Notices                                              42949

                                               Investment Company Act (270 CFR                           Dated: August 21, 2018.                                context may indicate, or as otherwise
                                               270.30b1–5), funds are required to file                 Eduardo A. Aleman,                                       specified via Regulatory Circular.
                                               quarterly reports with the Commission                   Assistant Secretary.                                        (a)–(t) No Change.
                                               on Form N–Q not more than 60 days                       [FR Doc. 2018–18362 Filed 8–23–18; 8:45 am]                 (u) Qualified Contingent Cross Order:
                                               after the close of the first and third                  BILLING CODE 8011–01–P
                                                                                                                                                                A qualified contingent cross (‘‘QCC’’)
                                               quarters of each fiscal year containing                                                                          order is an initiating order to buy (sell)
                                               their complete portfolio holdings.                                                                               at least 1,000 standard option contracts
                                               Additionally, fund management is                        SECURITIES AND EXCHANGE                                  or 10,000 mini-option contracts that is
                                               required to evaluate the effectiveness of               COMMISSION                                               identified as being part of a qualified
                                               the fund’s disclosure controls and                                                                               contingent trade coupled with a contra-
                                                                                                       [Release No. 34–83891; File No. SR–CBOE–                 side order or orders totaling an equal
                                               procedures within the 90-day period                     2018–058]
                                               prior to the filing of a report on Form                                                                          number of contracts. [Qualified
                                               N–Q, and such report must also be                       Self-Regulatory Organizations; Cboe                      contingent cross]QCC orders with one
                                               signed and certified by the fund’s                      Exchange, Inc.; Notice of Filing and                     option leg may only be entered in the
                                               principal executive and financial                       Immediate Effectiveness of a Proposed                    standard increments applicable to
                                               officers.                                               Rule Change To Amend Rule 6.53,                          simple orders in the options class under
                                                  We estimate that there are 11,960                    Certain Types of Orders Defined and                      Rule 6.42. [Qualified contingent
                                               funds required to file reports on Form                  Rule 6.53C, Complex Orders on the                        cross]QCC orders with more than one
                                               N–Q. Based on staff experience and                      Hybrid System                                            option leg may be entered in the
                                               conversations with industry                                                                                      increments specified for complex orders
                                                                                                       August 20, 2018.                                         under Rule 6.42. For purposes of this
                                               representatives, we estimate that it takes
                                                                                                          Pursuant to Section 19(b)(1) of the                   order type:
                                               approximately 26 hours per fund to
                                                                                                       Securities Exchange Act of 1934 (the                        (i)–(ii) No Change.
                                               prepare reports on Form N–Q annually.                                                                               (iii) QCC with Stock Orders. A ‘‘QCC
                                                                                                       ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                               Accordingly, we estimate that the total                                                                          with Stock Order’’ is a qualified
                                                                                                       notice is hereby given that on August
                                               annual burden associated with Form N                                                                             contingent cross order, as defined
                                                                                                       10, 2018, Cboe Exchange, Inc. (the
                                               Q is 310,960 hours (26 hours per fund                                                                            above, entered with a stock component
                                                                                                       ‘‘Exchange’’) filed with the Securities
                                               × 11,960 funds) per year.                                                                                        to be electronically communicated by
                                                                                                       and Exchange Commission (the
                                                  The estimates of average burden hours                ‘‘Commission’’) the proposed rule                        the Exchange to a designated broker-
                                               are made solely for the purposes of the                 change as described in Items I and II                    dealer for execution on behalf of the
                                               Paperwork Reduction Act and are not                     below, which Items have been prepared                    submitting Trading Permit Holder
                                               derived from a comprehensive or even                    by the Exchange. The Exchange filed the                  pursuant to Rule 6.53C, Interpretation
                                               representative survey or study of the                   proposal pursuant to Section                             and Policy .06(g).
                                               cost of Commission rules and forms.                     19(b)(3)(A)(iii) of the Act 3 and Rule                   *       *    *    *     *
                                               The collection of information under                     19b–4(f)(6) thereunder.4 The
                                               Form N–Q is mandatory. The                              Commission is publishing this notice to                  Rule 6.53C. Complex Orders on the
                                               information provided by the form is not                 solicit comments on the proposed rule                    Hybrid System
                                               kept confidential. An agency may not                    change from interested persons.                          *      *     *     *     *
                                               conduct or sponsor, and a person is not                                                                             . . . Interpretations and Policies:
                                               required to respond to, a collection of                 I. Self-Regulatory Organization’s                           .01–.05 No Change.
                                               information unless it displays a                        Statement of the Terms of Substance of                      .06 Special Provisions Applicable to
                                               currently valid control number.                         the Proposed Rule Change                                 Stock-Option Orders: Stock-option
                                                  Written comments are invited on: (a)                    The Exchange proposes to amend                        orders may be executed against other
                                               Whether the proposed collection of                      Rule 6.53 (Certain Types of Orders                       automated stock-option orders. Stock-
                                               information is necessary for the proper                 Defined) and Rule 6.53C (Complex                         option orders will not be legged against
                                               performance of the functions of the                     Orders on the Hybrid System) to add                      the individual component legs, except
                                               agency, including whether the                           Qualified Contingent Cross (‘‘QCC’’)                     as provided in paragraph (d) below, and
                                               information will have practical utility;                with Stock Order functionality.                          leg orders will not be generated
                                               (b) the accuracy of the agency’s estimate               (additions are italicized; deletions are                 pursuant to paragraph (c)(iv) of this
                                               of the burden of the collection of                      [bracketed])                                             Rule for stock-option orders.
                                               information; (c) ways to enhance the                    *     *    *      *     *                                   (a)–(f) No Change.
                                               quality, utility, and clarity of the                                                                                (g) QCC with Stock Orders. The
                                                                                                       Cboe Exchange, Inc. Rules                                System processes QCC with Stock
                                               information collected; and (d) ways to
                                               minimize the burden of the collection of                *          *     *       *      *                        Orders as follows:
                                                                                                                                                                   (1) Entry of QCC with Stock Order.
                                               information on respondents, including                   Rule 6.53. Certain Types of Orders                       When a Trading Permit Holder enters a
                                               through the use of automated collection                 Defined                                                  QCC with Stock Order on the Exchange,
                                               techniques or other forms of information
                                                                                                         One or more of the following order                     it enters a QCC order pursuant to Rule
                                               technology. Consideration will be given
                                                                                                       types may be made available on a class-                  6.53(u) with a stock component
                                               to comments and suggestions submitted
                                                                                                       by-class basis. Certain order types may                  (pursuant to Rule 6.53(u)(iii)). When
                                               in writing within 60 days of this
                                                                                                       not be made available for all Exchange                   entering a QCC with Stock Order, the
                                               publication.
                                                                                                       systems. The classes and/or systems for                  Trading Permit Holder must:
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                                                  Please direct your written comments                  which the order types shall be available                    (A) include a net price for the stock
                                               to Pamela Dyson, Director/Chief                         will be as provided in the Rules, as the                 and option components;
                                               Information Officer, Securities and                                                                                 (B) give up a Clearing Trading Permit
                                               Exchange Commission, C/O Candace                            1 15 U.S.C. 78s(b)(1).                               Holder in accordance with Rule 6.21;
                                               Kenner, 100 F Street NE, Washington,                        2 17 CFR 240.19b–4.                                  and
                                               DC 20549; or send an email to: PRA_                         3 15 U.S.C. 78s(b)(3)(A)(iii).                          (C) designate a specific broker-dealer
                                               Mailbox@sec.gov.                                            4 17 CFR 240.19b–4(f)(6).                            to which the stock components will be


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                                               42950                         Federal Register / Vol. 83, No. 165 / Friday, August 24, 2018 / Notices

                                               communicated, which broker-dealer the                   statements may be examined at the                       side order or orders totaling an equal
                                               Exchange must have identified as                        places specified in Item IV below. The                  number of contracts. QCC orders may
                                               having connectivity to electronically                   Exchange has prepared summaries, set                    execute without exposure provided the
                                               communicate the stock components of                     forth in sections A, B, and C below, of                 execution (1) is not at the same price as
                                               QCC with Stock Orders to stock trading                  the most significant aspects of such                    a public customer order resting in the
                                               venues and with which the TPH must                      statements.                                             electronic book and (2) is at or between
                                               have entered into a brokerage agreement                                                                         the NBBO.6 QCC orders will be
                                               (the ‘‘designated broker-dealer’’). The                 A. Self-Regulatory Organization’s                       cancelled if they cannot be executed.7
                                               Exchange will have no financial                         Statement of the Purpose of, and                          Since QCC orders represent one
                                               arrangements with the broker-dealers it                 Statutory Basis for, the Proposed Rule                  component of a QCT, each QCC order
                                               has identified with respect to                          Change                                                  must be paired with a stock order. When
                                               communicating stock orders to them.                     1. Purpose                                              a TPH enters a QCC order, the TPH is
                                                  (2) Option Component.                                                                                        responsible for executing the associated
                                                  (A) If the option component (i.e., the                  The purpose of the proposed rule
                                                                                                                                                               stock component of the QCT within a
                                               QCC order) of a QCC with Stock Order                    change is to offer QCC with Stock Order
                                                                                                                                                               reasonable period of time after the QCC
                                               can execute, the System executes it in                  functionality to Trading Permit Holders
                                                                                                                                                               order is executed. The Exchange
                                               accordance with Rule 6.45(a) or                         (‘‘TPHs’’). QCC with Stock Order
                                                                                                                                                               conducts surveillance of TPHs to ensure
                                               6.53C(c), as applicable, but does not                   functionality facilitates the execution of
                                                                                                                                                               that TPHs execute the stock component
                                               immediately send the Trading Permit                     the stock component of qualified
                                                                                                                                                               of a QCT at or near the same time as the
                                               Holder a trade execution report. The                    contingent trades (‘‘QCTs’’).
                                                                                                                                                               options component. While the Exchange
                                               System then automatically                               Specifically, a QCC with Stock Order is
                                                                                                                                                               does not specify how the TPH should go
                                               communicates the stock component to                     a QCC order entered with a stock
                                                                                                                                                               about executing the stock component of
                                               the designated broker-dealer for                        component to be communicated to a
                                                                                                                                                               the trade, this process is often manual
                                               execution.                                              designated broker-dealer for execution.
                                                                                                                                                               and is therefore a compliance risk for
                                                  (B) If the option component of a QCC                 QCC with Stock Orders will assist TPHs
                                                                                                                                                               TPHs if they do not execute the stock
                                               with Stock Order cannot execute, the                    in maintaining compliance with rules
                                                                                                                                                               component within a reasonable time
                                               System cancels the QCC with Stock                       regarding the execution of the stock
                                                                                                                                                               period of execution of the options
                                               Order, including both the stock and                     components of QCTs, and help maintain
                                                                                                                                                               component. Thus, the Exchange is
                                               option components.                                      an audit trail for surveillance of TPHs
                                                                                                                                                               proposing to offer QCC with Stock
                                                  (3) Stock Component.                                 for compliance with such rules.
                                                                                                                                                               Order functionality, pursuant to which
                                                  (A) If the System receives an                        Currently, although the Exchange offers
                                                                                                                                                               the Exchange will automatically
                                               execution report for the stock                          QCC order functionality, it does not
                                                                                                                                                               communicate the stock component of a
                                               component of a QCC with Stock Order                     facilitate electronic communication of
                                                                                                                                                               QCT to a designated broker-dealer for
                                               from the designated broker-dealer, the                  the stock component of QCC orders for
                                                                                                                                                               execution in connection with the
                                               Exchange sends the Trading Permit                       execution. The proposed rule change
                                                                                                                                                               execution of a QCC order on the
                                               Holder the trade execution report for the               provides TPHs with the option to
                                                                                                                                                               Exchange. This functionality will
                                               QCC with Stock Order, including                         electronically submit the stock
                                                                                                                                                               reduce the compliance burden on TPHs
                                               execution information for both the stock                component of QCC orders to the
                                                                                                                                                               by providing an automated means of
                                               and option components.                                  Exchange, and describes how the
                                                                                                                                                               executing the stock component of a
                                                  (B) If the System receives a report                  Exchange will electronically
                                                                                                                                                               QCT, and also will provide benefits for
                                               from the designated broker-dealer that                  communicate the stock component to a
                                                                                                                                                               the Exchange’s surveillance by
                                               the stock component of a QCC with                       designated broker-dealer for execution
                                                                                                                                                               providing an audit trail for the
                                               Stock Order cannot execute, the                         on behalf of TPHs.
                                                                                                          A QCC order is comprised of an                       execution of the stock component. QCC
                                               Exchange nullifies the option                                                                                   with Stock Orders can be entered by
                                               component trade and notifies the                        originating order to buy or sell at least
                                                                                                       1000 contracts that is identified as being              TPHs through a front-end order and
                                               Trading Permit Holder of the reason for                                                                         execution management system or
                                               the nullification.                                      part of a QCT,5 coupled with a contra-
                                                                                                                                                               through a TPH’s own electronic
                                                  QCC with Stock Orders are available
                                                                                                                                                               connection to the Exchange.
                                               to Trading Permit Holders on a                             5 See Rule 6.53(u)(i). The proposed rule change
                                                                                                                                                                 QCC with Stock Orders will be
                                               voluntary basis.                                        also modifies Rule 6.53(u) to define Qualified
                                                                                                       Contingent Cross orders as ‘‘QCC orders’’. A            available to all TPHs on a voluntary
                                               *      *     *     *    *                               ‘‘qualified contingent trade’’ is a transaction         basis.8 Under the proposed rule, when
                                                  The text of the proposed rule change                 consisting of two or more component orders,             a TPH enters a QCC with Stock Order
                                               is also available on the Exchange’s                     executed as agent or principal, where: (1) At least
                                                                                                       one component is an NMS stock, as defined in Rule       on the Exchange, it enters a QCC order
                                               website (http://www.cboe.com/                           600 of Regulation NMS under the Exchange Act; (2)       pursuant to current Rule 6.53(u) with a
                                               AboutCBOE/CBOELegalRegulatory                           all components are effected with a product or price     stock component (pursuant to proposed
                                               Home.aspx), at the Exchange’s Office of                 contingency that either has been agreed to by all the   Rule 6.53(u)(iii)). When entering a QCC
                                               the Secretary, and at the Commission’s                  respective counterparties or arranged for by a
                                                                                                       broker-dealer as principal or agent; (3) the            with Stock Order, the TPH must:
                                               Public Reference Room.                                  execution of one component is contingent upon the         • Enter a net price for the stock and
                                               II. Self-Regulatory Organization’s                      execution of all other components at or near the        option components. Net-priced QCC
                                                                                                       same time; (4) the specific relationship between the    with Stock Orders reduce the chance
                                               Statement of the Purpose of, and                        component orders (e.g., the spread between the
                                               Statutory Basis for, the Proposed Rule                  prices of the component orders) is determined by        that TPHs will miss the market since the
                                                                                                                                                               Exchange will calculate a price for the
daltland on DSKBBV9HB2PROD with NOTICES




                                               Change                                                  the time the contingent order is placed; (5) the
                                                                                                       component orders bear a derivative relationship to      stock and options components that
                                                  In its filing with the Commission, the               one another, represent different classes of shares of   honors the net price of the package and
                                               Exchange included statements                            the same issuer, or involve the securities of
                                               concerning the purpose of and basis for                 participants in mergers or with intentions to merge
                                                                                                                                                                 6 See   Rule 6.53(u)(ii).
                                                                                                       that have been announced or cancelled; and (6) the
                                               the proposed rule change and discussed                  transaction is fully hedged (without regard to any        7 Id.
                                               any comments it received on the                         prior existing position) as a result of other             8 See proposed Rule 6.53C, Interpretation and

                                               proposed rule change. The text of these                 components of the contingent trade.                     Policy .06(g).



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                                                                             Federal Register / Vol. 83, No. 165 / Friday, August 24, 2018 / Notices                                                       42951

                                               current market prices, if possible. It is                  Current Exchange fees applicable to                 designated broker-dealer that the stock
                                               also consistent with the use of QCTs.9                  stock-option orders will apply to the                  component of the QCC with Stock Order
                                               The Exchange will not allow QCC with                    stock component of QCC with Stock                      cannot execute,14 the Exchange nullifies
                                               Stock Orders with a specified price for                 Orders.11 Further, current Exchange fees               the option component trade and notifies
                                               the stock component or the option                       applicable to QCC orders will apply to                 the TPH of the reason for the
                                               component;                                              the options component of QCC with                      nullification.15 This proposed rule
                                                  • give up a Clearing TPH in                          Stock Orders.12                                        change prevents execution of the option
                                               accordance with Rule 6.21. Pursuant to                     If the option component of a QCC                    component of a QCT where the stock
                                               Rule 6.21, a TPH must give up a                         with Stock Order satisfies the                         component has not been successfully
                                               Clearing TPH it previously identified to                conditions of Rule 6.53(u) upon entry,                 executed, just as the proposed rule
                                               the Exchange as Designated Give Up for                  the System executes the order in                       change prevents execution of the stock
                                               that TPH for all orders it submits to the               accordance with Rule 6.45(a) (which                    component of a QCT where the option
                                               Exchange. This is currently required for                describes how simple option orders                     component has not been successfully
                                               all stock-option orders pursuant to Rule                execute) or 6.53C(c) (which describes                  executed by cancelling the stock
                                               6.53C, Interpretation and Policy .06(a);                how complex orders execute). However,                  component if the option component
                                               and                                                     the Exchange does not immediately                      cannot execute.
                                                  • designate a specific broker-dealer to              send the TPH a trade execution report
                                                                                                       for this option execution.13 Because the                 Currently, whenever a stock trading
                                               which the stock components will be
                                                                                                       TPH submitted a QCC with Stock Order                   venue nullifies the stock leg of a stock-
                                               communicated, which broker-dealer the
                                                                                                       to execute as a package, the Exchange                  option order or whenever the stock leg
                                               Exchange must have identified as
                                                                                                       waits to send a trade execution report to              cannot execute, the Exchange will
                                               having connectivity to electronically
                                                                                                       the TPH until after it has determined                  nullify the option leg upon request of
                                               communicate the stock components of
                                                                                                       whether all components of the QCC                      one of the parties to the transaction or
                                               QCC with Stock Orders to stock trading
                                                                                                       with Stock Order have executed, as                     on an Exchange Official’s own motion
                                               venues and with which the TPH must
                                                                                                       described below. After the QCC order is                in accordance with the Rules.16 As
                                               have entered into a brokerage agreement
                                                                                                       executed, the Exchange will then                       noted above, to qualify as a QCT, the
                                               (the ‘‘designated broker-dealer’’). The
                                                                                                       automatically communicate the stock                    execution of one component is
                                               Exchange will have no financial
                                                                                                       component to the designated broker-                    contingent upon the execution of all
                                               arrangements with any broker-dealer it
                                                                                                       dealer for execution.                                  other components at or near the same
                                               has identified with respect to
                                                                                                          Although the option component                       time.17 Given this requirement, if the
                                               communicating stock orders to them.10
                                                                                                       (which is a QCC order) of a QCC with                   stock component does not execute at or
                                               This is currently required for the
                                                                                                       Stock Order is eligible for automatic                  near the same time as the option
                                               submission of all stock-option orders
                                                                                                       execution, it is possible that the option              component, it is reasonable to expect a
                                               pursuant to Rule 6.53C, Interpretation
                                                                                                       component order may not be executable                  TPH that submitted a QCC with Stock
                                               and Policy .06(a). The Exchange
                                                                                                       based on market prices at the time the                 Order to request such nullification.18 If
                                               currently has one broker-dealer that has
                                                                                                       order is entered (e.g. the order would
                                               established connectivity for executing
                                                                                                       execute at the same price as a customer).                14 For example, if the stock execution venue to
                                               the stock component of QCC with Stock
                                                                                                       If the QCC order cannot execute after                  which the designated broker-dealer routed the stock
                                               Orders. If the Exchange adds more in                                                                           component is experiencing system issues, the stock
                                                                                                       one attempt, the System cancels the
                                               the future, and the TPH enters into                                                                            component may not be able to execute.
                                                                                                       QCC with Stock Order, including both                   Additionally, the Exchange understands certain
                                               brokerage agreements with multiple of
                                                                                                       the stock and options components. This                 stock execution venues apply risk controls to the
                                               the broker-dealers designated by the
                                                                                                       prevents execution of the stock                        stock components of QCTs, which may prevent
                                               Exchange, the TPH must specify to                                                                              execution of the stock components at certain prices.
                                                                                                       component of a QCT where the options
                                               which broker-dealer the Exchange                                                                                 15 The Exchange will nullify the option
                                                                                                       component has not been successfully
                                               should communicate the stock                                                                                   component trade in the same manner as it currently
                                                                                                       executed, consistent with the purpose of               nullifies any other trades (when nullification is
                                               components of its QCC with Stock
                                                                                                       contingent trades and the QCT                          permitted under the Rules).
                                               Orders when entering QCC with Stock
                                                                                                       exemption.                                               16 See Rule 6.25, Interpretation and Policy .07(c).
                                               Orders.                                                                                                        Pursuant to Rule 6.25, other nullifications may
                                                                                                          As noted above, if the option
                                                                                                                                                              generally occur only if both parties agree.
                                                  9 See Securities Exchange Act Release No. 54389
                                                                                                       component executes, the System then                      17 See QCT Exemption Order, which requires the

                                               (August 31, 2006), 71 FR 52829, 52831 (September        automatically communicates the stock                   execution of one component of the QCT to be
                                               7, 2006) (Order Granting an Exemption for               component to the designated broker-                    contingent upon the execution of all other
                                               Qualified Contingent Trades from Rule 611(a) of         dealer for execution. If the System                    components at or near the same time to qualify for
                                               Regulation NMS Under the Securities Exchange Act                                                               the exemption. In the SIA Exemption Request, the
                                               of 1934) (‘‘QCT Exemption Order’’). In its
                                                                                                       receives an execution report for the                   SIA stated that for contingent trades, the execution
                                               exemption request, the Securities Industry              stock component of a QCC with Stock                    of one order is contingent upon the execution of the
                                               Association (‘‘SIA’’) indicated parties to a            Order from the designated broker-                      other order. SIA further stated that, by breaking up
                                               contingent transaction are focused on the spread or     dealer, the Exchange sends the TPH the                 one or more components of a contingent trade and
                                               ratio between the transaction prices for each of the                                                           requiring that such components be separately
                                               component instruments, rather than on the absolute
                                                                                                       trade execution report for the QCC with                executed, one or more parties may trade ‘‘out of
                                               price of any single component instrument. The SIA       Stock Order, including execution                       hedge.’’ See SIA Exemption Request at 3. In other
                                               also noted the economics of a contingent trade are      information for both the stock and                     words, it takes two (executions) to make a thing (a
                                               based on the relationship between the prices of the     option components. However, if the                     QCT) go right.
                                               security and related derivative or security. See                                                                 18 As set forth in Rule 6.53(u), when submitting
                                               Letter to Nancy M. Morris, Secretary, Commission,
                                                                                                       System receives a report from the
                                                                                                                                                              a QCC order, a Trading Permit Holder submits an
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                                               from Andrew Madoff, SIA Trading Committee, SIA,                                                                order as well as a contra-side order or orders
                                                                                                         11 See   Cboe Exchange, Inc. Fees Schedule.
                                               dated June 21, 2006 (‘‘SIA Exemption Request’’), at                                                            totaling an equal number of contracts, which
                                               2.                                                        12 Id.
                                                                                                                                                              execute against each other if they satisfy the
                                                  10 The Exchange also represents that broker            13 Even though the Exchange does not send the        conditions set forth in that Rule. As a result, if that
                                               dealers it identifies as having connectivity to         Trading Permit Holder an execution report              Trading Permit Holder requests nullification of the
                                               electronically communicate the stock components         immediately following execution of the option          QCC order execution (or as proposed, if the
                                               of QCC with Stock Orders to stock trading venues        component, the Exchange disseminates the trade at      Exchange automatically nullifies the QCC order
                                               do not receive other special benefits related to        that time pursuant to the OPRA Plan and creates a      execution) if the stock component cannot execute,
                                               trading on the exchange.                                record to be sent to the Clearing Corporation.         no other party is impacted by the nullification.



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                                               42952                           Federal Register / Vol. 83, No. 165 / Friday, August 24, 2018 / Notices

                                               the stock component does not execute,                    for both components of the QCC with                     Additionally, the Exchange believes the
                                               rather than require the TPH that                         Stock Order to the TPH.                                 proposed rule change is consistent with
                                               submitted the QCC with Stock Order to                      Example 2:                                            the Section 6(b)(5) 22 requirement that
                                               contact the Exchange to request the                      Stock NBBO: $100 × $101                                 the rules of an exchange not be designed
                                               nullification of the option component                    Option NBBO: $1 × $2                                    to permit unfair discrimination between
                                               execution pursuant to Rule 6.25 if the                     A TPH submits a QCC with Stock                        customers, issuers, brokers, or dealers.
                                               stock component cannot execute, the                      Order buying 1,000 puts and 100,000                        The Exchange believes the proposed
                                               proposed rule change simply eliminates                   shares of stock with a net price of                     rule change is designed to promote just
                                               this requirement for the submitting TPH                  $101.50. A QCC order is entered on the                  and equitable principles of trade
                                               to make such a request. Instead, the                     Exchange and executed at a price of                     because it will provide TPHs with
                                               proposed rule states the Exchange will                   $1.50. The Exchange reports this trade                  optional functionality to facilitate the
                                               automatically nullify the option                         to OPRA. The Exchange routes the stock                  stock component of a QCT. The QCC
                                               transaction if the stock component does                  component to an Exchange-designed                       with Stock Order is an optional piece of
                                               not execute. The Exchange believes                                                                               functionality offered to TPHs to
                                                                                                        broker-dealer at a price of $100. The
                                               such nullification without a request                                                                             communicate the stock component of a
                                                                                                        Exchange receives a report from the
                                               from the TPH is consistent with the                                                                              QCT to a designated broker-dealer for
                                                                                                        designated broker-dealer that the stock
                                               definitions of QCC and QCT orders. The                                                                           execution. A TPH that does not wish to
                                                                                                        component did not execute. The
                                               proposed rule change merely automates                                                                            use QCC with Stock Order functionality
                                                                                                        Exchange nullifies the option
                                               a process that TPHs can manually do                                                                              can continue to execute a QCT by
                                                                                                        component trade, and sends a report to
                                               today.                                                                                                           entering a QCC order on the Exchange
                                                                                                        the TPH of the reason for the
                                                  Additionally, the Exchange believes                                                                           and separately executing the stock
                                                                                                        nullification.
                                               this automatic nullification will reduce                                                                         component of the QCT [sic] another
                                                                                                          Example 3:
                                               any compliance risk for the TPH                                                                                  venue, as it may do today. A TPH can
                                                                                                        Stock NBBO: $100 × $101                                 also build its own technology to
                                               associated with execution of a QCC                       ABBO: $1.00 × $1.05
                                               order and lack of execution of a stock                                                                           electronically communicate the stock
                                                                                                        Exchange BBO: $1.00 (Priority                           component of any QCT to a broker-
                                               order at or near the same time.19 The                      Customer) × 1.01 (Priority Customer)
                                               Exchange conducts surveillance to                                                                                dealer for execution.
                                                                                                          A TPH submits a QCC with Stock                           QCC with Stock Orders reduce TPHs’
                                               ensure a TPH executes the stock
                                                                                                        Order buying 1,000 puts and 100,000                     compliance burden because it allows for
                                               component of a QCT, which will also
                                                                                                        shares of stock with a net price of                     the automatic submission of the stock
                                               apply to QCC with Stock Orders, if the
                                                                                                        101.01. A QCC order is entered on the                   component of a QCT in connection with
                                               option component executed. As a result,
                                                                                                        Exchange at a price of $1.01. Because                   the execution of the options
                                               if the stock component does not execute
                                                                                                        the QCC order is at the same price as a                 component(s) as a QCC order on the
                                               when initially submitted to a stock
                                                                                                        priority customer order resting on the                  Exchange. QCC with Stock Order
                                               trading venue by the designated broker-
                                                                                                        Exchange, the Exchange cancels the                      functionality also provides benefits to
                                               dealer, a TPH may be subject to
                                                                                                        QCC with Stock Order.                                   the Exchange by establishing an audit
                                               compliance risk if it does not execute
                                                                                                          At a time following the effective and                 trail for the execution of the stock
                                               the stock component within a
                                                                                                        operative date of this rule change, the                 component of a QCT within a
                                               reasonable time period of the execution
                                                                                                        Exchange will announce the availability                 reasonable period of time after the
                                               of the option component. The proposed
                                                                                                        of QCC with Stock Orders via Exchange                   execution of the QCC order. The
                                               rule change reduces this compliance
                                                                                                        Notice.                                                 proposed rule change further reduces
                                               risk for TPHs.
                                                                                                                                                                TPHs’ compliance risk by providing that
                                                  Example 1:                                            2. Statutory Basis
                                                                                                                                                                the Exchange will, in addition to
                                               Stock NBBO: $100 × $101                                     The Exchange believes the proposed                   cancelling the stock component if the
                                               Option NBBO: $1 × $2                                     rule change is consistent with the                      option component cannot execute,
                                                  A TPH submits a QCC with Stock                        Securities Exchange Act of 1934 (the                    nullify any option component execution
                                               Order buying 1,000 puts and 100,000                      ‘‘Act’’) and the rules and regulations                  when the stock component does not
                                               shares of stock with a net price of                      thereunder applicable to the Exchange                   execute without a request from the TPH.
                                               $101.50. A QCC order is entered on the                   and, in particular, the requirements of                 Nullification of the option trade is
                                               Exchange and executed at a price of                      Section 6(b) of the Act.20 Specifically,                consistent with the requirement that a
                                               $1.50. The Exchange reports this trade                   the Exchange believes the proposed rule                 TPH must execute the stock component
                                               to OPRA. The Exchange routes the stock                   change is consistent with the Section                   of a QCT within a reasonable period of
                                               component to an Exchange-designed                        6(b)(5) 21 requirements that the rules of               time after executing the option
                                               broker-dealer at a price of $100. The                    an exchange be designed to prevent                      component on the Exchange as a QCC
                                               Exchange receives a trade execution                      fraudulent and manipulative acts and                    order. The proposed rule change simply
                                               report from the designated broker-dealer                 practices, to promote just and equitable                eliminates the requirement that one
                                               that the stock component executed at                     principles of trade, to foster cooperation              party to the transaction request
                                               $100, and sends a trade execution report                 and coordination with persons engaged                   nullification of the option component
                                                                                                        in regulating, clearing, settling,                      trade before the Exchange nullifies the
                                                  19 In the SIA Exemption Request, the SIA stated       processing information with respect to,                 option trade, because such nullification
                                               that parties to a contingent trade will not execute      and facilitation transactions in                        is consistent with the definitions of QCC
                                               one side of the trade without the other component                                                                orders and QCT. The proposed rule
                                                                                                        securities, to remove impediments to
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                                               or components being executed in full (or in ratio)
                                               and at the specified spread or ratio. See SIA            and perfect the mechanism of a free and                 change merely automates a process that
                                               Exemption Request at 2. While a broker-dealer            open market and a national market                       TPHs can manually do today. As noted
                                               could re-submit the stock component to a stock           system, and, in general, to protect                     above, to qualify as a QCT, the
                                               trading venue or execution after it initially fails to                                                           execution of one component is
                                               execute, there is a compliance risk that the time at
                                                                                                        investors and the public interest.
                                               which the stock component executes is not close                                                                  contingent upon the execution of all
                                                                                                          20 15   U.S.C. 78f(b).
                                               enough to the time at which the option component
                                               executed.                                                  21 15   U.S.C. 78f(b)(5).                               22 Id.




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                                                                              Federal Register / Vol. 83, No. 165 / Friday, August 24, 2018 / Notices                                                   42953

                                               other components at or near the same                    B. Self-Regulatory Organization’s                     the protection of investors or the public
                                               time.23 Since the purpose of a QCC with                 Statement on Burden on Competition                    interest; (ii) impose any significant
                                               Stock Order is for all components to                       The Exchange does not believe that                 burden on competition; and (iii) become
                                               trade at or near the same time, if the                  the proposed rule change will impose                  operative for 30 days from the date on
                                               stock component does not execute at or                  any burden on competition that is not                 which it was filed, or such shorter time
                                               near the same time as the option                        necessary or appropriate in furtherance               as the Commission may designate, it has
                                               component, it is reasonable to expect a                 of the purposes of the Act. QCC with                  become effective pursuant to Section
                                               TPH that submitted a QCC with Stock                     Stock Orders facilitate TPHs’                         19(b)(3)(A) of the Act 30 and Rule 19b–
                                               Order to request such nullification to                  compliance with the requirements                      4(f)(6) thereunder.31
                                               avoid any compliance risk associated                    associated with executing QCC orders                     A proposed rule change filed under
                                               with execution of a QCC order and lack                  on the Exchange, and are not designed                 Rule 19b–4(f)(6) normally does not
                                               of execution of a stock order at or near                to impose any unnecessary burden on                   become operative for 30 days after the
                                               the same time.24                                        competition. QCC with Stock Order                     date of filing. However, Rule 19b–
                                                  The Exchange conducts surveillance                   functionality is available to TPHs on a               4(f)(6)(iii) 32 permits the Commission to
                                                                                                       voluntary basis, and TPHs are not                     designate a shorter time if such action
                                               to ensure a TPH executes the stock
                                                                                                       required to use QCC with Stock Orders                 is consistent with the protection of
                                               component of a QCT, which will also
                                                                                                       when executing QCTs. The proposed                     investors and the public interest. In its
                                               apply to QCC with Stock Orders, if the
                                                                                                       rule change has no impact on TPHs that                filing with the Commission, the
                                               option component executed. As a result,
                                                                                                       elect to execute QCTs without using                   Exchange requests that the Commission
                                               if the stock component does not execute
                                                                                                       QCC with Stock Order functionality.                   waive the 30-day operative delay. The
                                               when initially submitted to a stock
                                                                                                       Those TPHs may continue to execute                    Exchange states that its proposal is
                                               trading venue by the designated broker-
                                                                                                       QCTS in the same manner as they do                    consistent with QCT rules and is
                                               dealer, a TPH may be subject to
                                                                                                       today by entering a QCC order on the                  designed to (1) help reduce a TPH’s
                                               compliance risk if it does not execute
                                                                                                       Exchange and separately executing the                 compliance burdens by providing an
                                               the stock component within a
                                                                                                       stock component of the QCT another                    automated means to facilitate
                                               reasonable time period of the execution                                                                       compliance with the obligations
                                               of the option component. The proposed                   venue. A TPH can also build its own
                                                                                                       technology to electronically                          applicable to QCC with stock orders and
                                               rule change reduces this compliance                                                                           (2) assist the Exchange with maintaining
                                               risk for TPHs. The Exchange therefore                   communicate the stock component of
                                                                                                       any QCT to a broker-dealer for                        an audit trail and conducting
                                               believes the proposed rule change                                                                             surveillance of TPHs for compliance
                                               removes impediments to and perfects                     execution. For TPHs that elect to use
                                                                                                       QCC with Stock Order functionality to                 with the rules governing these types of
                                               the mechanisms of a free and open                                                                             trades. In addition, the Exchange noted
                                               market and a national market system,                    execute QCTs, the proposed rule change
                                                                                                       reduces those TPHs’ compliance                        that this functionality is optional, and
                                               and in general, protects investors and                                                                        TPHs can continue to execute QCTs
                                               the public interest.                                    burdens to satisfy their obligation to
                                                                                                       execute the related stock component of                manually or though alternative means as
                                                  The Exchange believes the proposed                                                                         they do today. According to the
                                               rule change to require a TPH to submit                  the QCT within a reasonable period of
                                                                                                                                                             Exchange, waiving the operative delay
                                               a QCC with Stock Order with a net price                 time after the QCC order is executed on
                                                                                                                                                             will allow the Exchange to update its
                                               will also perfect the mechanism of a free               the Exchange, as this functionality
                                                                                                                                                             rules immediately to reflect this
                                               and open market and a national market                   provides an automated means for
                                                                                                                                                             functionality, to the benefit of members
                                               system and protect investors, because a                 satisfying this obligation.
                                                                                                          QCC with Stock Orders are available                and other market participants. The
                                               net price will reduce the chance that                                                                         Commission believes that waiving the
                                                                                                       to all TPHs either through a front-end
                                               TPHs will miss the market since the                                                                           30-day operative delay is consistent
                                                                                                       order and execution management
                                               Exchange will calculate a price for the                                                                       with the protection of investors and the
                                                                                                       system or through a TPH’s own
                                               stock and options components that                                                                             public interest because the QCC with
                                                                                                       electronic connection to the Exchange.
                                               honors the net price of the package and                                                                       Stock Order functionality is designed to
                                                                                                       Additionally, the proposed functionality
                                               current market prices, if possible. As                                                                        help Exchange members that choose to
                                                                                                       is similar to functionality offered by
                                               noted above, a TPH that wants to enter                                                                        use the functionality comply with their
                                                                                                       another options exchange 28 and
                                               a net price for the stock and option                                                                          qualified contingent trade obligations in
                                                                                                       consistent with the QCT exemption
                                               components can execute a QCT by                                                                               connection with a QCC Order,33 as well
                                                                                                       previously approved by the
                                               entering a QCC order on the Exchange                                                                          as help the Exchange surveil its
                                                                                                       Commission.29
                                               and separately executing the stock                                                                            members for compliance with the
                                               component of the QCT another venue,                     C. Self-Regulatory Organization’s                     Exchange’s rules for QCC Orders.
                                               as it may do today. As noted above,                     Statement on Comments on the                          Therefore, the Commission designates
                                               submission of a QCC with Stock Order                    Proposed Rule Change Received From                    the proposed rule change operative
                                               is consistent with the use of QCTs.25                   Members, Participants, or Others                      upon filing.34
                                                  Additionally, the proposed                             The Exchange neither solicited nor
                                                                                                                                                               30 15  U.S.C. 78s(b)(3)(A).
                                               functionality is similar to functionality               received comments on the proposed                       31 17  CFR 240.19b–4(f)(6). As required under Rule
                                               offered by another options exchange 26                  rule change.                                          19b–4(f)(6)(iii), the Exchange provided the
                                               and consistent with the QCT exemption                                                                         Commission with written notice of its intent to file
                                                                                                       III. Date of Effectiveness of the
                                               previously approved by the                                                                                    the proposed rule change, along with a brief
                                                                                                       Proposed Rule Change and Timing for                   description and the text of the proposed rule
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                                               Commission.27
                                                                                                       Commission Action                                     change, at least five business days prior to the date
                                                                                                                                                             of filing of the proposed rule change, or such
                                                 23 See supra note 13.                                    Because the foregoing proposed rule                shorter time as designated by the Commission.
                                                 24 See supra note 14.                                 change does not: (i) Significantly affect               32 17 CFR 240.19b–4(f)(6)(iii).
                                                 25 See supra note 8.                                                                                          33 See supra note 5 and accompanying text.
                                                 26 See Nasdaq ISE, LLC (‘‘ISE’’) Rules 715(t) and       28 See ISE Rules 715(t) and 721(c) and                34 For purposes only of waiving the 30-day
                                               721(c) and Supplementary Material.                      Supplementary Material.                               operative delay, the Commission has considered the
                                                 27 See QCT Exemption Order.                             29 See QCT Exemption Order.                                                                    Continued




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                                               42954                         Federal Register / Vol. 83, No. 165 / Friday, August 24, 2018 / Notices

                                                  At any time within 60 days of the                    office of the Exchange. All comments                  the Commission’s Public Reference
                                               filing of the proposed rule change, the                 received will be posted without change.               Room.
                                               Commission summarily may                                Persons submitting comments are
                                                                                                                                                             II. Self-Regulatory Organization’s
                                               temporarily suspend such rule change if                 cautioned that we do not redact or edit
                                                                                                                                                             Statement of the Purpose of, and
                                               it appears to the Commission that such                  personal identifying information from
                                                                                                                                                             Statutory Basis for, the Proposed Rule
                                               action is: (i) Necessary or appropriate in              comment submissions. You should
                                                                                                                                                             Change
                                               the public interest; (ii) for the protection            submit only information that you wish
                                               of investors; or (iii) otherwise in                     to make available publicly. All                          In its filing with the Commission, the
                                               furtherance of the purposes of the Act.                 submissions should refer to File                      Exchange included statements
                                               If the Commission takes such action, the                Number SR–CBOE–2018–058 and                           concerning the purpose of and basis for
                                               Commission shall institute proceedings                  should be submitted on or before                      the proposed rule change and discussed
                                               to determine whether the proposed rule                  September 14, 2018.                                   any comments it received on the
                                               change should be approved or                                                                                  proposed rule change. The text of these
                                                                                                         For the Commission, by the Division of
                                               disapproved.                                            Trading and Markets, pursuant to delegated            statements may be examined at the
                                                                                                       authority.35                                          places specified in Item IV below. The
                                               IV. Solicitation of Comments                                                                                  Exchange has prepared summaries, set
                                                                                                       Eduardo A. Aleman
                                                 Interested persons are invited to                                                                           forth in sections A, B, and C below, of
                                                                                                       Assistant Secretary.
                                               submit written data, views, and                                                                               the most significant aspects of such
                                                                                                       [FR Doc. 2018–18295 Filed 8–23–18; 8:45 am]
                                               arguments concerning the foregoing,                                                                           statements.
                                               including whether the proposed rule                     BILLING CODE 8011–01–P
                                                                                                                                                             A. Self-Regulatory Organization’s
                                               change is consistent with the Act.
                                                                                                                                                             Statement of the Purpose of, and
                                               Comments may be submitted by any of
                                                                                                       SECURITIES AND EXCHANGE                               Statutory Basis for, the Proposed Rule
                                               the following methods:
                                                                                                       COMMISSION                                            Change
                                               Electronic Comments
                                                                                                       [Release No. 34–83888; File No. SR–                   1. Purpose
                                                 • Use the Commission’s internet                       NASDAQ–2018–069]
                                               comment form (http://www.sec.gov/                                                                                The Exchange proposes to adopt new
                                               rules/sro.shtml); or                                                                                          rule text at Chapter VI, Section 21 to
                                                                                                       Self-Regulatory Organizations; The
                                                 • Send an email to rule-comments@                                                                           codify the Financial Information
                                                                                                       Nasdaq Stock Market LLC; Notice of
                                               sec.gov. Please include File Number SR–                                                                       eXchange (‘‘FIX’’) and Specialized
                                                                                                       Filing and Immediate Effectiveness of
                                               CBOE–2018–058 on the subject line.                                                                            Quote Feed (‘‘SQF’’) protocols. The
                                                                                                       Proposed Rule Change To Codify the
                                                                                                                                                             Exchange proposes to adopt a new
                                               Paper Comments                                          Definitions of the Protocols to Enter
                                                                                                                                                             protocol and name it ‘‘Ouch to Trade
                                                                                                       Quotes and Orders
                                                  • Send paper comments in triplicate                                                                        Options’’ (‘‘OTTO’’) and rename and
                                               to Secretary, Securities and Exchange                   August 20, 2018.                                      amend the current OTTO protocol on
                                               Commission, 100 F Street NE,                               Pursuant to Section 19(b)(1) of the                NOM as ‘‘Quote Using Orders’’ or
                                               Washington, DC 20549–1090.                              Securities Exchange Act of 1934                       ‘‘QUO’’.3 The Exchange believes that
                                               All submissions should refer to File                    (‘‘Act’’),1 and Rule 19b–4 thereunder,2               codifying definitions of current and new
                                               Number SR–CBOE–2018–058. This file                      notice is hereby given that on August                 protocols in its rules will increase
                                               number should be included on the                        17, 2018, The Nasdaq Stock Market LLC                 transparency around its operations.
                                               subject line if email is used. To help the              (‘‘Nasdaq’’ or ‘‘Exchange’’) filed with the           Furthermore, the proposed definitions
                                               Commission process and review your                      Securities and Exchange Commission                    will be harmonized where appropriate
                                               comments more efficiently, please use                   (‘‘SEC’’ or ‘‘Commission’’) the proposed              with definitions contained in the rules
                                               only one method. The Commission will                    rule change as described in Items I, II,              of the Exchange’s affiliated options
                                               post all comments on the Commission’s                   and III, below, which Items have been                 markets,4 by using consistent terms to
                                               internet website (http://www.sec.gov/                   prepared by the Exchange. The                         define the buckets of information
                                               rules/sro.shtml). Copies of the                         Commission is publishing this notice to               transmitted, or the features available, on
                                               submission, all subsequent                              solicit comments on the proposed rule                 each protocol. The protocols used by
                                               amendments, all written statements                      change from interested persons.                       NOM Participants to submit quotes and
                                               with respect to the proposed rule                                                                             orders play an important role in the
                                                                                                       I. Self-Regulatory Organization’s                     operation of the System.
                                               change that are filed with the
                                                                                                       Statement of the Terms of Substance of                   The Exchange notes it has two
                                               Commission, and all written
                                                                                                       the Proposed Rule Change                              protocols today, SQF and proposed to
                                               communications relating to the
                                               proposed rule change between the                           The Exchange proposes to adopt new                 be renamed QUO (formerly known as
                                               Commission and any person, other than                   rule text within The Nasdaq Options                   OTTO), that NOM Market Makers can
                                               those that may be withheld from the                     Market LLC Rules at Chapter VI, Section               use to meet their quoting obligations.
                                               public in accordance with the                           21. Specifically, the Exchange proposes               All quotes on SQF are counted toward
                                               provisions of 5 U.S.C. 552, will be                     to codify the definitions of the current              market making obligations. While a
                                               available for website viewing and                       protocols that Participants can use to                NOM Market Maker may enter an
                                               printing in the Commission’s Public                     enter quotes and orders on the Exchange               Immediate-or-Cancel Order through
                                               Reference Room, 100 F Street NE,                        and introduce a new protocol.                         SQF this order does not rest on the
                                               Washington, DC 20549 on official                           The text of the proposed rule change               Exchange’s order book and therefore
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                                               business days between the hours of                      is available on the Exchange’s website at             does not count toward quoting
                                               10:00 a.m. and 3:00 p.m. Copies of the                  http://nasdaq.cchwallstreet.com, at the
                                                                                                                                                                3 Today the Exchange offers FIX, SQF and QUO
                                               filing also will be available for                       principal office of the Exchange, and at
                                                                                                                                                             (formerly known as OTTO) to its Participants.
                                               inspection and copying at the principal                                                                          4 Rules have been filed for Nasdaq ISE, LLC
                                                                                                         35 17 CFR 200.30–3(a)(12).                          (‘‘ISE’’), Nasdaq GEMX, LLC (‘‘GEMX’’), Nasdaq
                                                                                                         1 15 U.S.C. 78s(b)(1).
                                               proposed rule’s impact on efficiency, competition,                                                            MRX, LLC (‘‘MRX’’), Nasdaq BX, Inc. and Nasdaq
                                               and capital formation. See 15 U.S.C. 78c(f).              2 17 CFR 240.19b–4.                                 Phlx, LLC.



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Document Created: 2018-08-24 04:13:15
Document Modified: 2018-08-24 04:13:15
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 42949 

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