83_FR_50324 83 FR 50131 - Self-Regulatory Organizations; Nasdaq PHLX LLC; Order Approving a Proposed Rule Change Relating to Anticipatory Hedging

83 FR 50131 - Self-Regulatory Organizations; Nasdaq PHLX LLC; Order Approving a Proposed Rule Change Relating to Anticipatory Hedging

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 193 (October 4, 2018)

Page Range50131-50132
FR Document2018-21586

Federal Register, Volume 83 Issue 193 (Thursday, October 4, 2018)
[Federal Register Volume 83, Number 193 (Thursday, October 4, 2018)]
[Notices]
[Pages 50131-50132]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-21586]



[[Page 50131]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84311; File No. SR-Phlx-2018-55]


Self-Regulatory Organizations; Nasdaq PHLX LLC; Order Approving a 
Proposed Rule Change Relating to Anticipatory Hedging

September 28, 2018.

I. Introduction

    On August 3, 2018, Nasdaq PHLX LLC (``Exchange'' or ``Phlx'') filed 
with the Securities and Exchange Commission (``Commission''), pursuant 
to Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') 
\1\ and Rule 19b-4 thereunder,\2\ a proposed rule change amending 
Phlx's Rule 1064(d), relating to anticipatory hedging of crossing, 
facilitation, and solicited orders. The proposed rule change was 
published for comment in the Federal Register on August 16, 2018.\3\ 
The Commission received no comment letters on the proposed rule change. 
This order approves the proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 83826 (Aug. 10, 
2018), 83 FR 40797 (``Notice'').
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II. Description of the Proposed Rule Change

    The Exchange has proposed to amend Phlx Rule 1064(d), governing 
anticipatory hedging relating to crossing, facilitation, and 
solicitation orders. Specifically, the Exchange has proposed to lower 
the eligibility size for the ``tied hedge'' exception to the 
anticipatory hedging prohibition from 500 contracts to 50 contracts per 
order \4\ for options on the Nasdaq 100 Index, including options with 
nonstandard expiration dates (``NDX'' and ``NDXP'').\5\ The tied hedge 
exception eligibility size for all other options orders will remain at 
500 contracts per order.\6\
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    \4\ See Proposed Phlx Rule 1064(d)(iii)(A).
    \5\ NDX represents A.M.-settled options on the Nasdaq 
100[supreg] Index. NDXP represent P.M.-settled options on the Nasdaq 
100[supreg] Index.
    \6\ See Proposed Phlx Rule 1064(d)(iii)(A).
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    Phlx Rule 1064(d) governing anticipatory hedging prohibits member 
organizations and associated persons of members and member 
organizations who have knowledge of the material terms and conditions 
of a solicited, facilitated, or crossed order that is to be imminently 
executed from entering, based on such knowledge, an order to buy or 
sell the underlying security, an option for the same underlying 
security, or any related instrument \7\ until certain conditions set 
forth in the rule are met.\8\ Specifically, the order may only be 
entered when (i) the terms and conditions of the order and any changes 
in the terms of the order that the member, member organization, or 
associated person has knowledge of are disclosed to the trading crowd, 
or (ii) the trade can no longer reasonably be considered imminent in 
view of the passage of time since the order was received.
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    \7\ See Phlx Rule 1064(d)(ii), which states that an order to buy 
or sell a ``related instrument'' means, in reference to an index 
option, an order to buy or sell securities comprising 10% or more of 
the component securities in the index or an order to buy or sell a 
futures contract on an economically equivalent index.
    \8\ See Phlx Rule 1064(d).
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    Phlx Rule 1064(d)(iii) sets forth an exception to this rule, known 
as the ``tied hedge'' exception. Under such exception, a member or 
member organization is not prohibited from buying or selling a stock, 
security futures, or future position following the receipt of an option 
order, including a complex order, but prior to announcing such order to 
the trading crowd, provided that the option order is in a class 
designated as eligible for ``tied hedge'' transactions,\9\ as 
determined by the Exchange, and is within the designated tied hedge 
eligibility size parameters, also determined by the Exchange and which 
may not be smaller than 500 contracts per order.\10\
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    \9\ See Phlx Rule 1064(d)(iii)(C)-(H).
    \10\ See Phlx Rule 1064(d)(iii)(A). The rule also provides that 
there shall be no aggregation of multiple orders to satisfy the size 
parameters.
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    The Exchange now proposes to lower the minimum tied hedge 
eligibility size threshold for NDX and NDXP, from 500 contracts to 50 
contracts. The Exchange asserts that this smaller eligibility size for 
NDX and NDXP is appropriate because the index value for NDX and NDXP is 
high as compared to other securities instruments and would reduce the 
minimum notional value required for a trade to be eligible for the tied 
hedge exception.
    The Exchange also proposes to amend Phlx Rule 1066 to delete the 
term ``Phlx XL'' and replace it with the term ``System.'' \11\ It also 
proposes to amend an incorrect cross-reference to the tied hedge 
exception, Commentary .04 to Phlx Rule 1064, and replace it with the 
correct cross-reference, Rule 1064(d)(iii).\12\
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    \11\ See Proposed Phlx Rule 1066. See also Phlx Rule 1000(b)(45) 
(defining ``System'').
    \12\ See Proposed Phlx Rule 1066(f)(4).
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III. Discussion and Commission Findings

    After careful review, the Commission finds that the proposed rule 
change is consistent with the requirements of the Act \13\ and the 
rules and regulations thereunder applicable to a national securities 
exchange.\14\ In particular, the Commission finds that the proposed 
rule change is consistent with Section 6(b)(5) of the Act,\15\ which 
requires 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 facilitating 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.
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    \13\ 15 U.S.C. 78f.
    \14\ In approving this proposed rule change, the Commission has 
considered the proposed rule's impact on efficiency, competition, 
and capital formation. See 15 U.S.C. 78c(f).
    \15\ 15 U.S.C. 78f(b)(5).
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    When adopting the tied-hedge exception, Phlx described the 
provision as a limited exception that remained in keeping with the 
original design of the anticipatory hedging prohibition,\16\ while 
responding to increased trading in the over-the-counter market and 
changes in the marketplace that favored volatility trading 
strategies.\17\ The Exchange explained that the primary purpose of the 
500 contracts minimum eligibility size provision of the tied hedge 
exception was to limit the use of the tied hedge procedures to larger 
orders that might benefit from the member's or member organization's 
ability to execute a facilitating hedge.\18\
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    \16\ The Exchange stated that when it originally adopted the 
anticipatory hedging prohibition, it believed the prohibition was 
necessary to prevent members and associated persons from using 
undisclosed, non-public information about imminent solicited options 
transactions to trade in advance of persons represented in the 
options crowd. See Notice, supra note 3, at 40798. See also 
Securities Exchange Act Release No. 44740 (August 23, 2001), 66 FR 
45721 (August 29, 2001) (SR-Phlx-2001-61).
    \17\ See Securities Exchange Act Release No. 61066 (November 25, 
2009), 74 FR 63162 (December 2, 2009) (SR-Phlx-2009-98).
    \18\ Id.

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[[Page 50132]]

    As noted above, the Exchange asserts that a lower tied hedge 
minimum eligibility size is appropriate for options on the Nasdaq 100 
Index because the index value for NDX and NDXP is high compared to the 
index values of other security instruments, adding that a size of 50 
contracts for NDX is still considered a large size order given NDX's 
higher notional value.\19\ To illustrate the high notional value of 
options on the Nasdaq 100 Index, Phlx stated that based on the index 
value, the multiplier, and the premium value, the current 500 minimum 
contract size parameter would require an NDX options transaction with a 
premium of approximately $6.5 million in order to qualify for the 
rule's tied hedge exception.\20\
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    \19\ See Notice, supra note 3, at 40798-99.
    \20\ See Notice, supra note 3, at 40798.
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    The Commission believes that the reduced tied hedge eligibility 
size requirement of 50 contracts for options on the Nasdaq 100 Index is 
in line with the original intent of the provision, as it will continue 
to be limited to larger orders, given the relatively higher index value 
and notional value of NDX and NDXP.\21\ While the reduction in the 
minimum size requirement may allow more transactions to qualify for the 
tied hedge exception, the Commission believes that the proposed change 
is narrow in scope as it relates only to options in NDX and NDXP and 
will continue to provide only a limited exception for larger orders 
meeting the conditions of the rule.\22\
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    \21\ See Notice, supra note 3, at 40798-99. The Commission also 
notes that the Exchange represented that it conducts surveillance in 
connection with anticipatory hedging. Specifically, the Exchange 
represented that it conducts on-floor surveillance to ensure both 
the stock and option components of the trade were exposed in open 
outcry and that the trading crowd had a reasonable opportunity to 
participate in the transaction. The Exchange asserted that it also 
conducts post-trade surveillance. The Exchange also noted that prior 
to entering tied hedge orders on behalf of customers, the member or 
member organization must deliver to the customer a written 
notification informing the customer that his order may be executed 
using the Exchange's tied hedge procedures. See Phlx Rule 
1064(d)(iii)(G).
    \22\ The Commission notes that the Exchange represented that 
tied hedge transactions do not occur with great frequency on the 
Exchange's trading floor. Id.
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    The Commission also finds that the non-substantive changes to Phlx 
Rule 1066 are designed to protect investors and the public interest by 
adding clarity and transparency to the rules.
    For the reasons noted above, the Commission finds that the proposed 
rule change is consistent with the Act.

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the 
Act,\23\ that the proposed rule change (SR-Phlx-2018-55) be, and hereby 
is, approved.
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    \23\ 15 U.S.C. 78s(b)(2).
    \24\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\24\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-21586 Filed 10-3-18; 8:45 am]
 BILLING CODE 8011-01-P



                                                                            Federal Register / Vol. 83, No. 193 / Thursday, October 4, 2018 / Notices                                                  50131

                                               SECURITIES AND EXCHANGE                                 buy or sell the underlying security, an                correct cross-reference, Rule
                                               COMMISSION                                              option for the same underlying security,               1064(d)(iii).12
                                                                                                       or any related instrument 7 until certain
                                               [Release No. 34–84311; File No. SR–Phlx–
                                                                                                       conditions set forth in the rule are met.8             III. Discussion and Commission
                                               2018–55]                                                                                                       Findings
                                                                                                       Specifically, the order may only be
                                               Self-Regulatory Organizations; Nasdaq                   entered when (i) the terms and                            After careful review, the Commission
                                               PHLX LLC; Order Approving a                             conditions of the order and any changes                finds that the proposed rule change is
                                               Proposed Rule Change Relating to                        in the terms of the order that the                     consistent with the requirements of the
                                               Anticipatory Hedging                                    member, member organization, or                        Act 13 and the rules and regulations
                                                                                                       associated person has knowledge of are                 thereunder applicable to a national
                                               September 28, 2018.                                     disclosed to the trading crowd, or (ii)
                                                                                                                                                              securities exchange.14 In particular, the
                                               I. Introduction                                         the trade can no longer reasonably be
                                                                                                                                                              Commission finds that the proposed
                                                                                                       considered imminent in view of the
                                                  On August 3, 2018, Nasdaq PHLX LLC                                                                          rule change is consistent with Section
                                                                                                       passage of time since the order was
                                               (‘‘Exchange’’ or ‘‘Phlx’’) filed with the                                                                      6(b)(5) of the Act,15 which requires that
                                                                                                       received.
                                               Securities and Exchange Commission                         Phlx Rule 1064(d)(iii) sets forth an                the rules of an exchange be designed to
                                               (‘‘Commission’’), pursuant to Section                   exception to this rule, known as the                   prevent fraudulent and manipulative
                                               19(b)(1) of the Securities Exchange Act                 ‘‘tied hedge’’ exception. Under such                   acts and practices, to promote just and
                                               of 1934 (‘‘Act’’) 1 and Rule 19b–4                      exception, a member or member                          equitable principles of trade, to foster
                                               thereunder,2 a proposed rule change                     organization is not prohibited from                    cooperation and coordination with
                                               amending Phlx’s Rule 1064(d), relating                  buying or selling a stock, security                    persons engaged in regulating, clearing,
                                               to anticipatory hedging of crossing,                    futures, or future position following the              settling, processing information with
                                               facilitation, and solicited orders. The                 receipt of an option order, including a                respect to, and facilitating transactions
                                               proposed rule change was published for                  complex order, but prior to announcing                 in securities, to remove impediments to
                                               comment in the Federal Register on                      such order to the trading crowd,                       and perfect the mechanism of a free and
                                               August 16, 2018.3 The Commission                        provided that the option order is in a                 open market and a national market
                                               received no comment letters on the                      class designated as eligible for ‘‘tied                system, and, in general, to protect
                                               proposed rule change. This order                        hedge’’ transactions,9 as determined by                investors and the public interest.
                                               approves the proposed rule change.                      the Exchange, and is within the                           When adopting the tied-hedge
                                                                                                       designated tied hedge eligibility size                 exception, Phlx described the provision
                                               II. Description of the Proposed Rule
                                                                                                       parameters, also determined by the                     as a limited exception that remained in
                                               Change
                                                                                                       Exchange and which may not be smaller                  keeping with the original design of the
                                                  The Exchange has proposed to amend                   than 500 contracts per order.10                        anticipatory hedging prohibition,16
                                               Phlx Rule 1064(d), governing                               The Exchange now proposes to lower                  while responding to increased trading in
                                               anticipatory hedging relating to                        the minimum tied hedge eligibility size                the over-the-counter market and
                                               crossing, facilitation, and solicitation                threshold for NDX and NDXP, from 500                   changes in the marketplace that favored
                                               orders. Specifically, the Exchange has                  contracts to 50 contracts. The Exchange                volatility trading strategies.17 The
                                               proposed to lower the eligibility size for              asserts that this smaller eligibility size             Exchange explained that the primary
                                               the ‘‘tied hedge’’ exception to the                     for NDX and NDXP is appropriate                        purpose of the 500 contracts minimum
                                               anticipatory hedging prohibition from                   because the index value for NDX and                    eligibility size provision of the tied
                                               500 contracts to 50 contracts per order 4               NDXP is high as compared to other                      hedge exception was to limit the use of
                                               for options on the Nasdaq 100 Index,                    securities instruments and would                       the tied hedge procedures to larger
                                               including options with nonstandard                      reduce the minimum notional value                      orders that might benefit from the
                                               expiration dates (‘‘NDX’’ and ‘‘NDXP’’).5               required for a trade to be eligible for the            member’s or member organization’s
                                               The tied hedge exception eligibility size               tied hedge exception.                                  ability to execute a facilitating hedge.18
                                               for all other options orders will remain                   The Exchange also proposes to amend
                                               at 500 contracts per order.6                            Phlx Rule 1066 to delete the term ‘‘Phlx                 12 See  Proposed Phlx Rule 1066(f)(4).
                                                  Phlx Rule 1064(d) governing                          XL’’ and replace it with the term                        13 15  U.S.C. 78f.
                                               anticipatory hedging prohibits member                   ‘‘System.’’ 11 It also proposes to amend                 14 In approving this proposed rule change, the
                                               organizations and associated persons of                 an incorrect cross-reference to the tied               Commission has considered the proposed rule’s
                                               members and member organizations                        hedge exception, Commentary .04 to                     impact on efficiency, competition, and capital
                                               who have knowledge of the material                      Phlx Rule 1064, and replace it with the                formation. See 15 U.S.C. 78c(f).
                                                                                                                                                                15 15 U.S.C. 78f(b)(5).
                                               terms and conditions of a solicited,
                                                                                                                                                                16 The Exchange stated that when it originally
                                               facilitated, or crossed order that is to be               7 See Phlx Rule 1064(d)(ii), which states that an

                                                                                                       order to buy or sell a ‘‘related instrument’’ means,   adopted the anticipatory hedging prohibition, it
                                               imminently executed from entering,
                                                                                                       in reference to an index option, an order to buy or    believed the prohibition was necessary to prevent
                                               based on such knowledge, an order to                    sell securities comprising 10% or more of the          members and associated persons from using
                                                                                                       component securities in the index or an order to       undisclosed, non-public information about
                                                 1 15 U.S.C. 78s(b)(1).                                buy or sell a futures contract on an economically      imminent solicited options transactions to trade in
                                                 2 17 CFR 240.19b–4.                                   equivalent index.                                      advance of persons represented in the options
                                                 3 See Securities Exchange Act Release No. 83826         8 See Phlx Rule 1064(d).                             crowd. See Notice, supra note 3, at 40798. See also
                                               (Aug. 10, 2018), 83 FR 40797 (‘‘Notice’’).                9 See Phlx Rule 1064(d)(iii)(C)–(H).                 Securities Exchange Act Release No. 44740 (August
                                                 4 See Proposed Phlx Rule 1064(d)(iii)(A).               10 See Phlx Rule 1064(d)(iii)(A). The rule also      23, 2001), 66 FR 45721 (August 29, 2001) (SR–Phlx–
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                                                 5 NDX represents A.M.-settled options on the          provides that there shall be no aggregation of         2001–61).
                                               Nasdaq 100® Index. NDXP represent P.M.-settled          multiple orders to satisfy the size parameters.          17 See Securities Exchange Act Release No. 61066
                                               options on the Nasdaq 100® Index.                         11 See Proposed Phlx Rule 1066. See also Phlx        (November 25, 2009), 74 FR 63162 (December 2,
                                                 6 See Proposed Phlx Rule 1064(d)(iii)(A).             Rule 1000(b)(45) (defining ‘‘System’’).                2009) (SR–Phlx–2009–98).
                                                                                                                                                                18 Id.




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                                               50132                        Federal Register / Vol. 83, No. 193 / Thursday, October 4, 2018 / Notices

                                                  As noted above, the Exchange asserts                 IV. Conclusion                                        are pending effectiveness; (ii) specify
                                               that a lower tied hedge minimum                           It is therefore ordered, pursuant to                when associated persons of a Member
                                               eligibility size is appropriate for options             Section 19(b)(2) of the Act,23 that the               are required to be registered with the
                                               on the Nasdaq 100 Index because the                     proposed rule change (SR–Phlx–2018–                   Exchange; and (iii) delete Rule 2.150
                                               index value for NDX and NDXP is high                    55) be, and hereby is, approved.                      related to a temporary membership
                                               compared to the index values of other                                                                         application process and waive-in, which
                                                                                                         For the Commission, by the Division of
                                               security instruments, adding that a size                Trading and Markets, pursuant to delegated            is obsolete. The Exchange has
                                               of 50 contracts for NDX is still                        authority.24                                          designated this rule change as ‘‘non-
                                               considered a large size order given                     Eduardo A. Aleman,                                    controversial’’ under Section 19(b)(3)(A)
                                               NDX’s higher notional value.19 To                       Assistant Secretary.
                                                                                                                                                             of the Act 7 and provided the
                                               illustrate the high notional value of                                                                         Commission with the notice required by
                                                                                                       [FR Doc. 2018–21586 Filed 10–3–18; 8:45 am]
                                               options on the Nasdaq 100 Index, Phlx                                                                         Rule 19b–4(f)(6) thereunder.8
                                                                                                       BILLING CODE 8011–01–P
                                               stated that based on the index value, the                                                                        The text of the proposed rule change
                                               multiplier, and the premium value, the                                                                        is available at the Exchange’s website at
                                               current 500 minimum contract size                       SECURITIES AND EXCHANGE                               www.iextrading.com, at the principal
                                               parameter would require an NDX                          COMMISSION                                            office of the Exchange, and at the
                                               options transaction with a premium of                                                                         Commission’s Public Reference Room.
                                                                                                       [Release No. 34–84320; File No. SR–IEX–
                                               approximately $6.5 million in order to
                                                                                                       2018–19]                                              II. Self-Regulatory Organization’s
                                               qualify for the rule’s tied hedge
                                               exception.20                                                                                                  Statement of the Purpose of, and the
                                                                                                       Self-Regulatory Organizations;
                                                                                                                                                             Statutory Basis for, the Proposed Rule
                                                  The Commission believes that the                     Investors Exchange LLC; Notice of
                                                                                                                                                             Change
                                               reduced tied hedge eligibility size                     Filing and Immediate Effectiveness of
                                               requirement of 50 contracts for options                 Proposed Rule Change To Amend Rule                      In its filing with the Commission, the
                                               on the Nasdaq 100 Index is in line with                 2.160 Related to the Qualification and                self-regulatory organization included
                                               the original intent of the provision, as it             Registration Requirements for                         statements concerning the purpose of
                                               will continue to be limited to larger                   Associated Persons of a Member and                    and basis for the proposed rule change
                                               orders, given the relatively higher index               To Delete Rule 2.150 Which is Obsolete                and discussed any comments it received
                                               value and notional value of NDX and                     September 28, 2018.                                   on the proposed rule change. The text
                                               NDXP.21 While the reduction in the                         Pursuant to Section 19(b)(1)1 of the               of these statement [sic] may be
                                               minimum size requirement may allow                      Securities Exchange Act of 1934 (the                  examined at the places specified in Item
                                               more transactions to qualify for the tied               ‘‘Act’’) 2 and Rule 19b–4 thereunder,3                IV below. The self-regulatory
                                               hedge exception, the Commission                         notice is hereby given that, on                       organization has prepared summaries,
                                               believes that the proposed change is                    September 25, 2018, the Investors                     set forth in Sections A, B, and C below,
                                               narrow in scope as it relates only to                   Exchange LLC (‘‘IEX’’ or the                          of the most significant aspects of such
                                               options in NDX and NDXP and will                        ‘‘Exchange’’) filed with the Securities               statements.
                                               continue to provide only a limited                      and Exchange Commission (the                          A. Self-Regulatory Organization’s
                                               exception for larger orders meeting the                 ‘‘Commission’’) the proposed rule                     Statement of the Purpose of, and the
                                               conditions of the rule.22                               change as described in Items I and II
                                                                                                                                                             Statutory Basis for, the Proposed Rule
                                                  The Commission also finds that the                   below, which Items have been prepared
                                                                                                                                                             Change
                                               non-substantive changes to Phlx Rule                    by the self-regulatory organization. The
                                               1066 are designed to protect investors                  Commission is publishing this notice to               1. Purpose
                                               and the public interest by adding clarity               solicit comments on the proposed rule
                                                                                                       change from interested persons.                          The Exchange is proposing to amend
                                               and transparency to the rules.                                                                                Rule 2.160 to (i) harmonize with certain
                                                  For the reasons noted above, the                     I. Self-Regulatory Organization’s                     FINRA rules related to qualification and
                                               Commission finds that the proposed                      Statement of the Terms of Substance of                registration requirements for associated
                                               rule change is consistent with the Act.                 the Proposed Rule Change                              persons of a Member which are pending
                                                                                                          Pursuant to the provisions of Section              effectiveness; (ii) specify when
                                                 19 See  Notice, supra note 3, at 40798–99.            19(b)(1) under the Securities Exchange                associated persons of a Member are
                                                 20 See  Notice, supra note 3, at 40798.               Act of 1934 (‘‘Act’’),4 and Rule 19b–4                required to be registered with the
                                                  21 See Notice, supra note 3, at 40798–99. The
                                                                                                       thereunder,5 IEX is filing with the                   Exchange; and (iii) delete Rule 2.150
                                               Commission also notes that the Exchange                 Commission a proposed rule change to
                                               represented that it conducts surveillance in
                                                                                                                                                             related to a temporary membership
                                               connection with anticipatory hedging. Specifically,     amend IEX Rule 2.160 to (i) harmonize                 application process and waive-in, which
                                               the Exchange represented that it conducts on-floor      IEX rules with certain Financial                      is obsolete. Each proposed change is
                                               surveillance to ensure both the stock and option        Industry Regulatory Authority, Inc.                   described below.
                                               components of the trade were exposed in open            (‘‘FINRA’’) rules related to qualification
                                               outcry and that the trading crowd had a reasonable
                                               opportunity to participate in the transaction. The      and registration requirements for                     partner, officer, director, or branch manager of a
                                               Exchange asserted that it also conducts post-trade      associated persons of a Member 6 which                Member (or person occupying a similar status or
                                               surveillance. The Exchange also noted that prior to                                                           performing similar functions), any person directly
                                               entering tied hedge orders on behalf of customers,        23 15  U.S.C. 78s(b)(2).                            or indirectly controlling, controlled by, or under
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                                               the member or member organization must deliver            24 17                                               common control with such Member, or any
                                                                                                                CFR 200.30–3(a)(12).
                                               to the customer a written notification informing the       1 15 U.S.C. 78s(b)(1).
                                                                                                                                                             employee of such Member, except that any person
                                               customer that his order may be executed using the                                                             associated with a Member whose functions are
                                                                                                          2 15 U.S.C. 78a.
                                               Exchange’s tied hedge procedures. See Phlx Rule                                                               solely clerical or ministerial shall not be included
                                                                                                          3 17 CFR 240.19b–4.
                                               1064(d)(iii)(G).                                                                                              in the meaning of such term for purposes of these
                                                  22 The Commission notes that the Exchange               4 15 U.S.C. 78s(b)(1).                             Rules. See IEX Rule 1.160(y). See also 15 U.S.C.
                                               represented that tied hedge transactions do not            5 17 CRF 240.19b–4.                                78c(a)(18).
                                                                                                                                                               7 15 U.S.C. 78s(b)(3)(A).
                                               occur with great frequency on the Exchange’s               6 ‘‘Person Associated with a Member’’ or

                                               trading floor. Id.                                      ‘‘Associated Person of a Member’’ mean [sic] any        8 17 CFR 240.19b–4.




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Document Created: 2018-10-04 02:02:39
Document Modified: 2018-10-04 02:02:39
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 50131 

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