83_FR_58873 83 FR 58649 - Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Its Rules Related to Market Maker Quoting Obligations

83 FR 58649 - Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Its Rules Related to Market Maker Quoting Obligations

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 224 (November 20, 2018)

Page Range58649-58655
FR Document2018-25240

Federal Register, Volume 83 Issue 224 (Tuesday, November 20, 2018)
[Federal Register Volume 83, Number 224 (Tuesday, November 20, 2018)]
[Notices]
[Pages 58649-58655]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-25240]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84580; File No. SR-ISE-2018-90]


Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Amend Its Rules 
Related to Market Maker Quoting Obligations

November 14, 2018.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on October 30, 2018, Nasdaq ISE, LLC (``ISE'' or ``Exchange'') filed 
with the Securities and Exchange Commission (``Commission'') the 
proposed rule change as described in Items I, II, and III, below, which 
Items have been prepared by the Exchange. The Commission is publishing 
this notice to solicit comments on the proposed rule change from 
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend its rules related to Market Maker 
(i.e., Primary Market Maker and Competitive Market Maker) quoting 
obligations.
    The text of the proposed rule change is available on the Exchange's 
website at http://ise.cchwallstreet.com/, at the principal office of 
the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The purpose of the proposed rule change is to amend Rule 804(e) to 
provide greater detail regarding the quoting obligations of Market 
Makers and the manner in which they are calculated, and to restructure 
the current rules to conform to rule text used on its affiliated 
options market, Nasdaq Phlx (``Phlx'').\3\ The Exchange seeks to make 
conforming changes to Rule 804(e) to promote structural consistency of 
the Exchange's rules with those of its affiliated options markets, and 
to allow its members to quickly compare quoting obligations across the 
Nasdaq, Inc. affiliated options markets.\4\ The Exchange notes that it 
is generally including additional detail in its rules on the existing 
obligations and process using the same format as Phlx Rule 1081(c). 
Other than one modification to allow the Exchange to announce in 
advance a higher percentage of quoting compliance standards as further 
described below, no changes to the current practice or to the current 
quoting obligations are being contemplated by this rule change. 
Accordingly, to the extent there are other differences between the 
proposed rule text and the current language, the Exchange is in those 
cases either conforming to Phlx Rule 1081(c) or codifying current 
practice explicitly within the proposed rule, as further discussed 
below.
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    \3\ See Phlx Rule 1081(c). See also Securities Exchange Act 
Release No. 83209 (May 10, 2018), 83 FR 22717 (May 16, 2018) (SR-
Phlx-2018-22) (order granting approval of proposed rule change to 
amend Phlx's quoting requirements, among other changes).
    \4\ Nasdaq GEMX, LLC (``GEMX'') and Nasdaq MRX, LLC (``MRX'') 
will file similar proposals.
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Rule 804(e)
    The Exchange first proposes to remove the word ``continuous'' from 
the title of Rule 804(e) and retitle the Rule as ``Intra-day Quotes.'' 
The Exchange is replacing the word ``continuous'' with ``intra-day'' 
because the Exchange notes that Market Makers quote a percentage of the 
day and therefore the word ``continuous'' may not accurately reflect 
the manner in which Market Makers quote on ISE. The Exchange also 
proposes related changes to replace the word ``continuous'' with 
``intra-day'' within the Rulebook, specifically in Rules 701(c)(3) and 
(4), Rule 702(d)(4), and Rule 1614(b)(10).\5\
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    \5\ The Exchange notes that Chapter 16 of the ISE Rulebook, 
including Rule 1614, is incorporated by reference into the rulebooks 
of GEMX and MRX. As such, the amendment to ISE Rule 1614 as proposed 
herein will also apply to GEMX and MRX Rules 1614.
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    The Exchange also proposes to amend Rule 804(e) by deleting the 
introductory sentence: ``A market maker must enter continuous 
quotations for the options classes to which it is appointed

[[Page 58650]]

pursuant to the following.'' The Exchange proposes to specifically 
detail a Market Maker's quoting obligations in new rule text within 
paragraph (e) and therefore believes that the deleted language is not 
necessary given that the following sentences will replace this 
language, as described below.
    The Exchange proposes to add new rule text to Rule 804(e). The 
first new sentence will provide, similar to Phlx Rule 1081(c): ``A 
market maker must enter bids and offers for the options to which it is 
appointed, except in an assigned options series listed intra-day \6\ on 
the Exchange.'' The Exchange believes this sentence is clearer than the 
current Rule 804(e) because it excepts intra-day quotes. The Exchange 
notes that this is the case today, where a Market Maker is not held to 
quote an intra-day add of a series because the options series was not 
available for trading the entire day. The Exchange is adding this 
exception to the rule text to make clear that Market Makers would not 
be responsible for quoting an intra-day addition on the day it was 
added. The Exchange does not count intra-day adds of a series that were 
not available for the entire day of trading because the Market Maker 
would not have the opportunity to trade that particular options series 
for the entire trading day, and therefore could not have anticipated 
the impact such intra-day adds would have on the calculation of its 
quoting obligations.
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    \6\ An intra-day listing or add of a series means, for purposes 
of this Rule 804(e), as an option series that is added manually on 
the same day the series begins trading. The Exchange notes that an 
intra-day add of a series would be counted the following trading day 
(next business day after the intra-day add of a series was listed) 
when the options series would be available for a full trading day.
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    The Exchange also proposes to note within the new rule text the 
specific quoting obligations for each type of Market Maker by adding: 
``On a daily basis, a Market Maker must make markets consistent with 
the applicable quoting requirements specified below.'' The Exchange 
proposes to note within the new rule text the specific quoting 
obligations for each type of Market Maker. The Exchange is also adding 
rule text to explain the interplay between the quoting obligations for 
Competitive Market Makers, Primary Market Makers, and Competitive 
Market Makers that are Preferred Market Makers.\7\ Specifically, the 
Exchange proposes to add, similar to Phlx Rules: \8\ ``A Member will be 
required to meet each market making obligation separately. A 
Competitive Market Maker who is also the Primary Market Maker will be 
held to the Primary Market Maker obligations in the options series in 
which the Primary Market Maker is assigned and will be held to 
Competitive Market Maker obligations in all other options series where 
assigned. A Competitive Market Maker who receives a Preferenced Order, 
as described in Supplementary Material .03 to Rule 713, (``Preferred 
CMM'') shall be held to the standard of a Preferred CMM in the options 
series of any assigned options class in which it receives the 
Preferenced Order.'' This is the case today, even though the current 
rule text does not explicitly state that each obligation is separate. 
As such, the Exchange is proposing to make clear that a member who is a 
Competitive Market Maker, Primary Market Maker, or Preferred CMM will 
have quoting obligations which may need to be separately met depending 
on the role.
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    \7\ Supplementary Material .03 to Rule 713 allows an Electronic 
Access Member to designate a ``Preferred Market Maker'' on orders it 
enters into the System (``Preferenced Orders''). A Preferred Market 
Maker may be the Primary Market Maker appointed to the options class 
or any Competitive Market Maker appointed to the options class.
    \8\ See Phlx Rule 1081(c).
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Rule 804(e)(1)
    To align its rule structure with Phlx Rule 1081(c), the Exchange 
proposes to relocate the quoting obligations of Competitive Market 
Makers currently in subparagraph (2) of Rule 804(e) to subparagraph 
(1), and set forth the rule text currently in subparagraphs (2)(i) and 
(2)(ii) therein, with a non-substantive modification from the current 
``intraday'' to ``intra-day'' for consistency throughout the Rule. As 
such, proposed Rule 804(e)(1) will read: ``On any given day, a 
Competitive Market Maker is not required to enter quotations in the 
options classes to which it is appointed. A Competitive Market Maker 
may initiate quoting in options classes to which it is appointed intra-
day.'' \9\
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    \9\ The quoting obligations of Primary Market Makers currently 
in subparagraph (1) of Rule 804(e) and Supplementary Material to 
Rule 804 will be set forth in new subparagraph (2) under the 
Exchange's proposal, as further discussed below.
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    The Exchange also proposes to remove the following sentence in Rule 
804(e)(2)(iii): ``Whenever a Competitive Market Maker enters a quote in 
an options class to which it is appointed, it must maintain continuous 
quotations in that class for 60% of the time the class is open for 
trading on the Exchange; provided, however, that a Competitive Market 
Maker shall be required to maintain continuous quotations for 90% of 
the time the class is open for trading on the Exchange in any options 
class in which it receives Preferenced Orders (see Supplementary 
Material .03 to Rule 713 regarding Preferenced Orders).'' The Exchange 
proposes to replace this language with language in Rule 804(e)(1) that 
more technically defines a Competitive Market Maker's quoting 
obligation.\10\ The Exchange proposes the following rule text: ``If a 
Competitive Market Maker initiates quoting in an options class, the 
Competitive Market Maker, associated with the same Member, is 
collectively required to provide two-sided quotations in 60% of the 
cumulative number of seconds, or such higher percentage as the Exchange 
may announce in advance, for which that Member's assigned options class 
is open for trading.'' The 60% quoting requirement and the manner in 
which it is calculated as a percentage of time is not being 
amended.\11\ The only change from current practice is to allow the 
Exchange to announce in advance a higher percentage than the current 
60% quoting requirement, which would bring the Exchange's rule in line 
with Phlx Rule 1081(c)(ii)(A). The Exchange believes it may be 
appropriate to apply a higher standard if doing so would be in the 
interest of a fair and orderly market.\12\ Otherwise, the proposed 
amendments described above are either stylistic in nature or clarifying 
changes that are intended to more specifically state the current 
quoting obligations as 60% of the cumulative number of seconds rather 
than 60% of the time the class is open for trading on the Exchange.\13\ 
While the current rule more generally indicates that the Exchange 
currently reviews quoting as a percentage of the time the class is open 
for trading on the Exchange, the two standards are otherwise 
equivalent. Furthermore, the Exchange in its adopting rule filing for 
the 60% standard stated that it would ``calculate the percentage of 
time a market maker quotes by dividing the number of minutes a Market 
Maker quotes in series of an options class (numerator) by the total 
minutes all series of the options class were open for trading on the

[[Page 58651]]

Exchange (denominator).'' \14\ As such, the proposed changes will 
explicitly state the same standard (expressed in seconds) within the 
rule text itself. Adding ``associated with the same Member'' conforms 
to Phlx Rule 1081(c)(ii)(A) and also makes clear that the obligation is 
at the firm level and that all associated Competitive Market Makers 
will be counted in arriving at the calculation for quoting obligations.
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    \10\ The proviso setting forth the 90% quoting obligation for 
Competitive Market Makers with Preferenced Orders currently in 
subparagraph (2)(iii) will be replaced with more detailed language 
in proposed Rule 804(e)(3), as further described below.
    \11\ As further discussed below, the Exchange will go from 
minutes to seconds as a way to express how it will calculate this 
percentage of time. See note 14 below, with accompanying text.
    \12\ Any such higher percentage would involve appropriate 
advance announcement, which would then be available on the 
Exchange's website.
    \13\ Phlx Rule 1081(c)(ii)(A) similarly sets forth the quoting 
obligations as a percentage of the cumulative number of seconds.
    \14\ See Securities Exchange Act Release No. 69175 (March 19, 
2013), 78 FR 17988 (March 25, 2013) (SR-ISE-2013-17) (``2013 
Proposal'') at 17989.
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    The Exchange also proposes to add in Rule 804(e)(1): 
``Notwithstanding the foregoing, a Competitive Market Maker shall not 
be required to make two-sided markets pursuant to this Rule 804(e)(1) 
in any Quarterly Options Series, any adjusted option series, and any 
option series with an expiration of nine months or greater for options 
on equities and exchange-traded funds (``ETFs'') or with an expiration 
of twelve months or greater for index options.'' These exceptions exist 
today for ISE and are being carried over into proposed Rule 804(e)(1) 
from current Supplementary Material .02 to Rule 804 with some 
modifications to conform to Phlx Rule 1081(c)(ii)(A). The majority of 
the changes from the current rule text are stylistic in nature to 
conform to Phlx's language and to define ETFs within the rule text 
itself. The Exchange also proposes to add Quarterly Options Series, 
which is defined in Rule 100(a)(55), to the list of exceptions to the 
quoting obligations for Competitive Market Makers. Quarterly Options 
Series are excluded from a Competitive Market Maker's quoting 
obligations today, and the Exchange therefore seeks to codify its 
current practice within the proposed rule text. The Exchange notes that 
Quarterly Options Series are similarly excluded from the market maker 
quoting obligations on Phlx.\15\
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    \15\ See Phlx Rule 1081(c)(ii)(A).
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    The Exchange also proposes to add to Rule 804(e)(1): ``Competitive 
Market Makers may choose to quote such series in addition to regular 
series in the options class, but such quotations will not be considered 
when determining whether a Competitive Market Maker has met the 
obligation contained in this paragraph (e)(1).'' This language is being 
relocated from current Supplementary Material .02 to Rule 804, with a 
modification to update the cross-reference.
    Further, the definition of adjusted options series currently within 
Supplementary Material .02 to Rule 804 will be relocated to 
subparagraph (1)(ii) of Rule 804(e), and will be defined as ``Adjusted 
Options Series'' throughout Rule 804(e). The Exchange also proposes to 
use the defined term ``Exchange-Traded Fund Shares,'' which is defined 
in Rule 502(h), instead of ``exchange-traded fund shares'' in the 
proposed definition of Adjusted Options Series for consistency with the 
rest of the Exchange's Rulebook.
    Finally, the Exchange proposes to relocate current subparagraph 
(2)(iv) in Rule 804(e) to proposed subparagraph (1)(ii). The Exchange 
is not proposing any amendments to the rule text itself other than to 
replace the word ``continuous'' with ``intra-day'' for the reasons 
discussed above.
Rule 804(e)(2)
    As noted above, the Exchange proposes to set forth the quoting 
obligations of Primary Market Makers in Rule 804(e)(2). Currently as 
set forth in Rule 804(e)(1), Primary Market Makers must enter 
continuous quotations in all of the series of the options classes to 
which they are appointed.\16\ Pursuant to Supplementary Material .01 to 
Rule 804, Primary Market Makers are deemed to have provided continuous 
quotes if they provide two-sided quotes for 90% of the time that an 
options class is open for trading on the Exchange. Similar to the 
quoting obligations for Competitive Market Makers, the Exchange 
proposes to replace this language with language in Rule 804(e)(2) that 
more technically defines a Primary Market Maker's quoting obligations. 
Proposed Rule 804(e)(2) will provide that Primary Market Makers, 
associated with the same Member, are collectively required to provide 
two-sided quotations in 90% of the cumulative number of seconds, or 
such higher percentage as the Exchange may announce in advance, for 
which that Member's assigned options class is open for trading.\17\ 
Similar to the proposed changes to the 60% quoting requirement for 
Competitive Market Makers discussed above, the 90% quoting requirement 
for Primary Market Makers and the manner in which it is calculated as a 
percentage of time is not being amended. The only change from current 
practice is to allow the Exchange to announce in advance a higher 
percentage than the current 90% quoting obligation, which would bring 
the Exchange's rule in line with Phlx Rule 1081(c)(ii)(B). As discussed 
above for the Competitive Market Maker quoting obligations, the 
Exchange believes it may be appropriate to apply a higher standard if 
doing so would be in the interest of a fair and orderly market.\18\ 
Otherwise, the Exchange does not propose to amend the current 90% 
quoting requirement; rather, the Exchange proposes to more specifically 
state the current quoting obligations as 90% of the cumulative number 
of seconds rather than 90% of the time the class is open for trading on 
the Exchange. While the current rule in Supplementary Material .01 to 
Rule 804 more generally indicates that the Exchange currently reviews 
quoting as a percentage of the time the class is open for trading on 
the Exchange, the two standards are otherwise equivalent.\19\ 
Accordingly, the proposed changes will explicitly state the same 
standard (expressed in seconds) within the rule text itself. Adding 
``associated with the same Member'' to the first sentence conforms to 
Phlx Rule 1081(c)(ii)(B) and also makes clear that the obligation is at 
the firm level and that all associated Primary Market Makers will be 
counted in arriving at the calculation for quoting obligations.
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    \16\ This means that the Primary Market Maker quoting 
requirement includes all series of an appointed options class, 
including the options series that are currently excluded from the 
quoting requirements of Competitive Market Makers and Preferred CMMs 
(i.e., Quarterly Options Series, Adjusted Options Series, and long-
term options). As discussed below, the Exchange will explicitly 
state that a Primary Market Maker's quoting obligations will include 
these specified options series.
    \17\ Phlx Rule 1081(c)(ii)(B) similarly sets forth the quoting 
obligations as a percentage of the cumulative number of seconds.
    \18\ See note 12 above.
    \19\ See 2013 Proposal, footnote 14 (providing that to calculate 
whether a Primary Market Maker has maintained quotations for at 
least 90% of the time, the Exchange will divide the total number of 
minutes a Primary Market Maker maintained quotations in options 
series of a class (numerator) by the total minutes all series of the 
options class were open for trading on the Exchange (denominator)).
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    The Exchange also proposes to more specifically state within Rule 
804(e)(2) that Primary Market Makers shall be required to make two-
sided markets pursuant to Rule 804(e)(2) in any Quarterly Options 
Series, any Adjusted Options Series, and any options series with an 
expiration of nine months or greater for options on equities and ETFs 
or with an expiration of twelve months or greater for index options. 
The proposed changes do not amend the current quoting obligations of 
Primary Market Makers with respect to these options series. As 
discussed above, Supplementary Material .02 to Rule 804 currently 
excludes adjusted options series and long-term options series from the 
quoting obligations of Competitive Market Makers and Preferred CMMs. As 
noted above, while the current rule in paragraph (e)(1) implicitly 
provides that these exceptions do not apply to Primary Market Makers 
and that their

[[Page 58652]]

quoting obligations include such series, the Exchange proposes to 
explicitly state that Primary Market Makers are required to make two-
sided markets in the specified options series. Furthermore, Primary 
Market Makers are required to make two-sided markets in Quarterly 
Options Series today. Accordingly, the Exchange seeks to add Quarterly 
Options Series to the Rule 804(e)(2) to codify its current practice. 
The Exchange notes that Phlx Specialists are similarly required to make 
two-sided markets in Quarterly Options Series.\20\
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    \20\ See Phlx Rule 1081(c)(ii)(B).
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Rule 804(e)(3)
    Currently as set forth in Rule 804(e)(2)(iii), a Competitive Market 
Maker is required to maintain continuous quotations for 90% of the time 
the class is open for trading on the Exchange in any options class in 
which it receives the Preferenced Order pursuant to Supplementary 
Material .03 to Rule 713. The Exchange now proposes to replace this 
language with language that more technically defines the quoting 
obligations of the Competitive Market Maker that receives the 
Preferenced Order (i.e., Preferred CMM) in new Rule 804(e)(3). The 
Exchange proposes to add in Rule 804(e)(3) that Preferred CMMs, 
associated with the same Member, are collectively required to provide 
two-sided quotations in 90% of the cumulative number of seconds, or 
such higher percentage as the Exchange may announce in advance, for 
which that Member's assigned options class is open for trading. A 
Member shall be considered preferenced in an assigned options class 
once the Member receives a Preferenced Order in any option class in 
which they are assigned and shall be considered a preferenced for that 
day in all series for that option class in which it received the 
Preferenced Order. Notwithstanding the foregoing, a Preferred CMM shall 
not be required to make two-sided markets pursuant to Rule 804(e)(3) in 
any Quarterly Options Series, any Adjusted Options Series, and any 
options series with an expiration of nine months or greater for options 
on equities and ETFs or with an expiration of twelve months or greater 
for index options.
    The Exchange notes that similar to the proposed language for the 
Competitive Market Maker and Primary Market Maker quoting obligations 
discussed above, the only change from current practice is to allow the 
Exchange to announce in advance a higher percentage than the current 
90% quoting obligation, which would bring the Exchange's rule in line 
with Phlx Rule 1081(c)(ii)(C). As discussed above for the Competitive 
Market Maker and Primary Market Maker quoting obligations, the Exchange 
believes it may be appropriate to apply a higher standard if doing so 
would be in the interest of a fair and orderly market.\21\ Otherwise, 
the 90% quoting requirement for Preferred CMMs and the manner in which 
it is calculated as a percentage of time is not being amended; rather, 
the Exchange proposes to more specifically express the current quoting 
obligations as 90% of the cumulative number of seconds rather than 90% 
of the time the class is open for trading on the Exchange.\22\ As noted 
above for Competitive Market Makers and Primary Market Makers, the two 
standards are equivalent even though the current rule more generally 
expresses that the Exchange reviews quoting as a percentage of time. As 
such, the proposed changes will explicitly state the same standard 
(expressed in seconds) within the rule text itself.
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    \21\ See note 12 above.
    \22\ Phlx Rule 1081(c)(ii)(C) similarly sets forth the quoting 
obligations as a percentage of the cumulative number of seconds.
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    Adding ``associated with the same Member'' conforms to Phlx Rule 
1081(c)(ii)(C) and also makes clear that the obligation is at the firm 
level and that all associated Preferred CMMs will be counted in 
arriving at the calculation for quoting obligations. Furthermore, the 
proposed language is being added to clarify when a Preferred CMM is 
considered to be preferenced in an assigned options class, and does not 
amend the Exchange's current practice. The Exchange, similar to today, 
will exclude any Quarterly Options Series, any Adjusted Options Series, 
and any options series with an expiration of nine months or greater for 
options on equities and ETFs or with an expiration of twelve months or 
greater for index options from the quoting obligations of Preferred 
CMMs.\23\ As discussed above, Supplementary Material .02 to Rule 804 
currently provides an exception from the quoting obligations in 
adjusted options series and any long-term options series for Preferred 
CMMs. As such, proposed Rule 804(e)(3) makes clear that such Members 
are not required to make two-sided markets in these options series. In 
addition, Preferred CMMs are not required to make two-sided markets in 
Quarterly Options Series today. Accordingly, the Exchange seeks to add 
Quarterly Options Series to the list of exceptions in proposed Rule 
804(e)(3) to codify its current practice.\24\
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    \23\ This exception is currently set forth in Supplementary 
Material .02 to Rule 804.
    \24\ Directed SQTs and Directed RSQTs on Phlx are similarly 
excluded from making two-sided markets in Quarterly Options Series. 
See Phlx Rule 1081(c)(ii)(C).
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    The Exchange will add in proposed Rule 804(e)(3) similar language 
for Preferred CMMs as proposed for Competitive Market Makers in Rule 
804(e)(1) that Preferred CMMs may choose to quote such series in 
addition to regular series in the options class, but such quotations 
will not be considered when determining whether a Preferred CMM has met 
the obligation contained in this paragraph (e)(3). This language is 
currently in Supplementary Material .02 to Rule 804, and applies to the 
quoting obligations for both Competitive Market Makers and Preferred 
CMMs. Finally, the Exchange proposes to relocate language from 
Supplementary Material .02 to Rule 804 into new paragraph (e)(3), with 
some modifications to update a cross-reference and remove redundant 
language, as follows: ``A Preferred CMM may be preferenced in such 
series and receive enhanced allocations pursuant to Nasdaq ISE Rule 
713, Supplementary Material .03, only if it complies with the 
heightened 90% quoting requirement contained in this paragraph 
(e)(3).''
Rule 804(e)(4)
    The Exchange proposes to add new rule text at Rule 804(e)(4) to 
provide the method by which the Exchange will calculate the Market 
Maker quoting obligations contained in proposed subparagraphs (1)-(3) 
of Rule 804(e). The Exchange proposes to state that the Exchange will 
(i) take the total number of seconds the Member disseminates quotes in 
each assigned options series, excluding, for Competitive Market Makers 
and Preferred CMMs, Quarterly Option Series, any Adjusted Option 
Series, and any option series with an expiration of nine months or 
greater for options on equities and ETFs or with an expiration of 
twelve months or greater for index options; and (ii) divide that time 
by the eligible total number of seconds each assigned option series in 
the options class is open for trading that day. Similar to Phlx Rule 
1081(c)(ii)(D), the Exchange believes that the addition of this 
language will bring greater transparency to the manner in which the 
Exchange calculates the quoting obligation. The Exchange is not 
amending the manner in which the quoting obligation is calculated; 
rather the Exchange is simply adding to the

[[Page 58653]]

current rule the exact manner in which the Exchange determines the 
quoting percentage. The Exchange also proposes to add the following in 
Rule 804(e)(4): ``Quoting is not required in every assigned options 
series.'' This sentence is not currently in the rule. The added 
language is not amending the Exchange's current practice; rather the 
Exchange is clearly stating that quoting is not required in every 
assigned options series to make clear the current obligation (i.e., the 
Market Maker is not required to quote every single assigned options 
series in order to meet its quoting obligations). Also, the Exchange 
proposes to state: ``Compliance with this requirement is determined by 
reviewing the aggregate of quoting in assigned options series for the 
Member.'' This language is similar to language presently in 
Supplementary Material .01 to Rule 804 \25\ and clarifies that the 
quoting obligations apply to all of the Market Maker's assigned options 
series collectively, which is how the Exchange applies the quoting 
obligation today. As such, the proposed language simply conforms the 
text to Phlx Rule 1081(c)(ii)(D).
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    \25\ The current language provides: ``Compliance with this 
Primary Market Marker quoting requirement and the Competitive Market 
Maker quoting requirements contained in (e)(2)(iii) above will be 
applied to all option classes quoted collectively on a daily 
basis.''
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Rule 804(e)(5)
    The Exchange proposes to adopt a new Rule 804(e)(5) to provide that 
ISE Regulation may consider exceptions to the above-referenced 
requirement to quote based on demonstrated legal or regulatory 
requirements or other mitigating circumstances. This language is 
similar to language presently in Supplementary Material .01 to Rule 
804,\26\ but specifies that ISE Regulation (i.e., the Exchange's 
regulatory department) may consider exceptions to the quoting 
obligation, which is the case today, and aligns the rule text to Phlx 
Rule 1081(c)(iii). The Exchange further proposes to add the following 
rule text to new Rule 804(e)(5): ``For purposes of the Exchange's 
surveillance of Member compliance with this rule, the Exchange will 
determine compliance on a monthly basis. The Exchange's monthly 
compliance evaluation of the quoting requirement does not relieve a 
Member of the obligation to provide two-sided quotes on a daily basis, 
nor will it prohibit the Exchange from taking disciplinary action 
against a Member for failing to meet the quoting obligation each 
trading day.'' The proposed rule text is similar to language currently 
in Supplementary Material .01 to Rule 804,\27\ and is merely rephrased 
to conform to Phlx Rule 1081(c)(iii). As such, the Exchange is not 
amending the manner in which the surveillance functions today, and the 
proposed amendments to Rule 804(e)(5) are not substantive in nature.
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    \26\ The current language provides: ``The Exchange may consider 
other exceptions to this continuous electronic quote obligation 
based on demonstrated legal or regulatory requirements or other 
mitigating circumstances.''
    \27\ The current language provides: ``Overall compliance with 
market maker quoting obligations will be determined on a monthly 
basis. However, the ability of the Exchange to determine compliance 
on a monthly basis does not: (1) Relieve market makers from their 
obligation to meet daily quoting requirements in Rule 804; and (2) 
prohibit the Exchange from bringing disciplinary action against a 
market maker for failure to meet its daily quoting requirements set 
forth in Rule 804.''
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Rule 804(e)(6)
    The Exchange proposes to adopt a new Rule 804(e)(6) that provides: 
``If a technical failure or limitation of a System of the Exchange 
prevents a Member from maintaining, or prevents a market maker from 
communicating to the Exchange, timely and accurate quotes, the Member 
shall promptly notify the Exchange and the duration of such failure or 
limitation shall not be included in any of the calculations under this 
subparagraph (e) with respect to the affected quotes.'' This language 
is being relocated from Supplementary Material .01 to Rule 804, and 
modified to specifically refer to the calculations in proposed 
subparagraph (e), capitalize ``System,'' which is a defined term, and 
rephrased to conform to Phlx Rule 1081(c)(iv).
Clean-up Changes
    The Exchange proposes to delete Supplementary Materials .01 and .02 
to Rule 804, and all related cross-references throughout the Rulebook. 
As explained above, this rule text is being relocated within the 
proposed rule text with some modifications. Finally, the Exchange 
proposes to update all cross-references to Rule 804(e) in its Rules to 
reflect the proposed renumbering and expansion of rules described 
above.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act,\28\ in general, and furthers the objectives of Section 
6(b)(5) of the Act,\29\ in particular, in that it is designed to 
promote just and equitable principles of trade, to remove impediments 
to and perfect the mechanism of a free and open market and a national 
market system, and, in general to protect investors and the public 
interest. The Exchange believes that its proposed rule change provides 
further detail as to the quoting obligations of Market Makers. As 
discussed above, other than one modification to allow the Exchange to 
announce in advance a higher percentage of quoting compliance 
standards, the Exchange is not amending current practice or its current 
quoting obligations. The Exchange believes that it is consistent with 
the Act to have the ability to announce a higher percentage in the 
interest of maintaining a fair and orderly market. As noted above, the 
Exchange would provide appropriate advance announcement for any such 
higher percentage, which would then be available on the Exchange's 
website. Otherwise, the Exchange notes that to the extent that there 
are rule text changes from the current language, these differences are 
all to harmonize its rules with Phlx Rule 1081(c) to promote 
consistency among similar rules of the Exchange and its affiliates, or 
to codify its current practice within the proposed rule text to bring 
transparency to the Exchange's rulebook.
---------------------------------------------------------------------------

    \28\ 15 U.S.C. 78f(b).
    \29\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    Specifically, the Exchange believes that replacing ``continuous'' 
with ``intra-day'' throughout the rulebook is consistent with the Act 
because it more accurately reflects the manner in which Market Makers 
quote on ISE. Also in the introductory sentence to Rule 804(e), the 
Exchange is codifying its current practice of excluding intra-day 
additions of assigned options series from a Market Maker's quoting 
obligations to make clear that Market Makers would not be responsible 
for such series on the day it was added. As noted above, for purposes 
of calculating the quoting obligations, the Exchange counts an intra-
day add of a series the following trading day when the options series 
would be available for a full trading day. The Exchange believes that 
codifying this current exception within the rule text is consistent 
with the Act as it will bring transparency to the Exchange's rulebook. 
The Exchange does not count intra-day adds of options series that were 
not available for the entire day of trading because the Market Maker 
would not have the opportunity to trade that particular options series 
for the entire trading day, and therefore could not have anticipated 
the impact such intra-day additions would have on the calculation of 
its quoting obligations. The Exchange also believes that codifying its 
current practice of excluding Quarterly Options Series from the quoting 
requirements of Competitive Market Makers and Preferred CMMs

[[Page 58654]]

will bring clarity to the Exchange's rulebook that quotes in such 
series will not be considered in determining whether a Competitive 
Market Maker or Preferred CMM complied with their respective quoting 
obligations. Similar to the Adjusted Options Series and long-term 
options series that are currently explicitly listed as exceptions in 
the rule text, it is the Exchange's understanding that quoting 
obligations on these often less frequently traded options series impact 
the risk parameters acceptable to the Market Makers, and therefore the 
quoting obligation exceptions (including Quarterly Options Series) are 
to incentivize Market Makers to continue to seek assignments in these 
options series and thereby promote liquidity in options classes listed 
on the Exchange to the benefit of investors and the public interest.
    The Exchange is also proposing to explicitly state that a member 
will be required to meet each market making obligation separately in 
order to make clear that a Competitive Market Maker, Primary Market 
Maker, or Preferred CMM will have quoting obligations which may need to 
be met separately, depending on the role. In addition, the Exchange is 
expressing each of the current quoting obligations as a percentage of 
the cumulative number of seconds rather than as a percentage of the 
time the class is open for trading on the Exchange in order to add more 
transparency as to the standards by which a Market Maker's quoting 
obligations are measured. In the same vein, the proposed rule text in 
Rule 804(e)(4) to describe the exact manner in which the Exchange 
calculates the quoting obligations by specifying the numerator and 
denominator calculations, as well as clarifying that quoting is not 
required in every assigned options series, adds transparency to the 
Exchange's rulebook, and allows members to better monitor whether they 
are in compliance with their quoting requirements.
    Adding ``associated with the same Member'' throughout the proposed 
rule text conforms to Phlx Rule 1081(c)(ii) and adds clarity that the 
quoting obligations are at the firm level, and that all associated 
Market Makers will be counted in arriving at the applicable calculation 
for quoting obligations. Specifically stating that Primary Market 
Makers are required to make two-sided markets in any Quarterly Options 
Series, any Adjusted Options Series, and any long-term options series 
codifies what was implicit in the current rule text which required 
Primary Market Makers to enter continuous quotations in all of the 
series listed on the Exchange in their assigned options classes, as 
further described above. Finally, adding that the Member is considered 
preferenced for that day in all series for that assigned options class 
in which it received the Preferenced Order is similarly codifying the 
Exchange's current practice and will bring more transparency to the 
Rulebook.
    Overall, the Exchange believes that its proposal is consistent with 
the Act because the proposed rule text protects investors and the 
public interest by providing clear language that will be utilized on 
all Nasdaq, Inc.-affiliated options markets for easy comparison by 
common members that are engaged in market making activities on both the 
Exchange and its affiliates. As discussed above, the proposed changes 
will restructure ISE's current rules on Market Maker quoting 
obligations to conform to rule text used on its affiliate, Phlx. The 
Exchange further believes that the proposed rule changes would remove 
impediments to and perfect the mechanism of a free and open market by 
ensuring that members, regulators and the public can more easily 
navigate and understand the Exchange's rulebook, thereby avoiding 
potential confusion.

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 further of the purposes of the Act. The proposal does not impose a 
burden on competition because the Exchange will continue to uniformly 
calculate and apply the quoting obligations for all ISE Market Makers. 
Other than to allow the Exchange to announce in advance a higher 
percentage of quoting compliance standards, the Exchange's proposal 
does not modify the current practice or the current quoting obligations 
on ISE, as further discussed above.

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

    No written comments were either solicited or received.

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

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

    \30\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \31\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6) 
requires a self-regulatory organization to give the Commission 
written notice of its intent to file the proposed rule change at 
least five business days prior to the date of filing of the proposed 
rule change, or such shorter time as designated by the Commission. 
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    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 necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission shall institute proceedings to 
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to rule-comments@sec.gov. Please include 
File Number SR-ISE-2018-90 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ISE-2018-90. 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

[[Page 58655]]

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-ISE-
2018-90 and should be submitted on or before December 11, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\32\
---------------------------------------------------------------------------

    \32\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-25240 Filed 11-19-18; 8:45 am]
 BILLING CODE 8011-01-P



                                  Federal Register / Vol. 83, No. 224 / Tuesday, November 20, 2018 / Notices                                                   58649

     Electronic Comments                                       SECURITIES AND EXCHANGE                                 provide greater detail regarding the
                                                               COMMISSION                                              quoting obligations of Market Makers
       • Use the Commission’s internet                                                                                 and the manner in which they are
     comment form (http://www.sec.gov/                         [Release No. 34–84580; File No. SR–ISE–
                                                               2018–90]
                                                                                                                       calculated, and to restructure the
     rules/sro.shtml); or                                                                                              current rules to conform to rule text
       • Send an email to rule-comments@                       Self-Regulatory Organizations; Nasdaq                   used on its affiliated options market,
     sec.gov. Please include File Number SR–                   ISE, LLC; Notice of Filing and                          Nasdaq Phlx (‘‘Phlx’’).3 The Exchange
     PEARL–2018–23 on the subject line.                        Immediate Effectiveness of Proposed                     seeks to make conforming changes to
                                                               Rule Change To Amend Its Rules                          Rule 804(e) to promote structural
     Paper Comments                                            Related to Market Maker Quoting                         consistency of the Exchange’s rules with
                                                               Obligations                                             those of its affiliated options markets,
       • Send paper comments in triplicate                                                                             and to allow its members to quickly
     to Secretary, Securities and Exchange                     November 14, 2018.                                      compare quoting obligations across the
     Commission, 100 F Street NE,                                 Pursuant to Section 19(b)(1) of the                  Nasdaq, Inc. affiliated options markets.4
     Washington, DC 20549–1090.                                Securities Exchange Act of 1934                         The Exchange notes that it is generally
     All submissions should refer to File                      (‘‘Act’’),1 and Rule 19b–4 thereunder,2                 including additional detail in its rules
                                                               notice is hereby given that on October                  on the existing obligations and process
     Number SR–PEARL–2018–23. This file
                                                               30, 2018, Nasdaq ISE, LLC (‘‘ISE’’ or                   using the same format as Phlx Rule
     number should be included on the
                                                               ‘‘Exchange’’) filed with the Securities                 1081(c). Other than one modification to
     subject line if email is used. To help the                and Exchange Commission                                 allow the Exchange to announce in
     Commission process and review your                        (‘‘Commission’’) the proposed rule                      advance a higher percentage of quoting
     comments more efficiently, please use                     change as described in Items I, II, and                 compliance standards as further
     only one method. The Commission will                      III, below, which Items have been                       described below, no changes to the
     post all comments on the Commission’s                     prepared by the Exchange. The                           current practice or to the current
     internet website (http://www.sec.gov/                     Commission is publishing this notice to                 quoting obligations are being
     rules/sro.shtml). Copies of the                           solicit comments on the proposed rule                   contemplated by this rule change.
     submission, all subsequent                                change from interested persons.                         Accordingly, to the extent there are
     amendments, all written statements                                                                                other differences between the proposed
                                                               I. Self-Regulatory Organization’s
     with respect to the proposed rule                                                                                 rule text and the current language, the
                                                               Statement of the Terms of Substance of
     change that are filed with the                            the Proposed Rule Change                                Exchange is in those cases either
     Commission, and all written                                                                                       conforming to Phlx Rule 1081(c) or
     communications relating to the                               The Exchange proposes to amend its                   codifying current practice explicitly
     proposed rule change between the                          rules related to Market Maker (i.e.,                    within the proposed rule, as further
                                                               Primary Market Maker and Competitive                    discussed below.
     Commission and any person, other than
                                                               Market Maker) quoting obligations.
     those that may be withheld from the                          The text of the proposed rule change                 Rule 804(e)
     public in accordance with the                             is available on the Exchange’s website at
     provisions of 5 U.S.C. 552, will be                                                                                  The Exchange first proposes to
                                                               http://ise.cchwallstreet.com/, at the                   remove the word ‘‘continuous’’ from the
     available for website viewing and                         principal office of the Exchange, and at                title of Rule 804(e) and retitle the Rule
     printing in the Commission’s Public                       the Commission’s Public Reference                       as ‘‘Intra-day Quotes.’’ The Exchange is
     Reference Room, 100 F Street NE,                          Room.                                                   replacing the word ‘‘continuous’’ with
     Washington, DC 20549, on official                                                                                 ‘‘intra-day’’ because the Exchange notes
     business days between the hours of                        II. Self-Regulatory Organization’s
                                                               Statement of the Purpose of, and                        that Market Makers quote a percentage
     10:00 a.m. and 3:00 p.m. Copies of the                                                                            of the day and therefore the word
                                                               Statutory Basis for, the Proposed Rule
     filing also will be available for                                                                                 ‘‘continuous’’ may not accurately reflect
                                                               Change
     inspection and copying at the principal                                                                           the manner in which Market Makers
     office of the Exchange. All comments                         In its filing with the Commission, the
                                                                                                                       quote on ISE. The Exchange also
     received will be posted without change.                   Exchange included statements
                                                                                                                       proposes related changes to replace the
     Persons submitting comments are                           concerning the purpose of and basis for
                                                                                                                       word ‘‘continuous’’ with ‘‘intra-day’’
     cautioned that we do not redact or edit                   the proposed rule change and discussed
                                                                                                                       within the Rulebook, specifically in
     personal identifying information from                     any comments it received on the
                                                                                                                       Rules 701(c)(3) and (4), Rule 702(d)(4),
     comment submissions. You should                           proposed rule change. The text of these
                                                                                                                       and Rule 1614(b)(10).5
                                                               statements may be examined at the                          The Exchange also proposes to amend
     submit only information that you wish
                                                               places specified in Item IV below. The                  Rule 804(e) by deleting the introductory
     to make available publicly. All
                                                               Exchange has prepared summaries, set                    sentence: ‘‘A market maker must enter
     submissions should refer to File                          forth in sections A, B, and C below, of
     Number SR–PEARL–2018–23 and                                                                                       continuous quotations for the options
                                                               the most significant aspects of such                    classes to which it is appointed
     should be submitted on or before                          statements.
     December 11, 2018.
                                                                                                                         3 See Phlx Rule 1081(c). See also Securities
                                                               A. Self-Regulatory Organization’s
       For the Commission, by the Division of                                                                          Exchange Act Release No. 83209 (May 10, 2018), 83
                                                               Statement of the Purpose of, and                        FR 22717 (May 16, 2018) (SR–Phlx–2018–22) (order
     Trading and Markets, pursuant to delegated
                                                               Statutory Basis for, the Proposed Rule                  granting approval of proposed rule change to amend
     authority.17
                                                               Change                                                  Phlx’s quoting requirements, among other changes).
     Eduardo A. Aleman,                                                                                                  4 Nasdaq GEMX, LLC (‘‘GEMX’’) and Nasdaq

     Assistant Secretary.
                                                               1. Purpose                                              MRX, LLC (‘‘MRX’’) will file similar proposals.
                                                                                                                         5 The Exchange notes that Chapter 16 of the ISE
     [FR Doc. 2018–25248 Filed 11–19–18; 8:45 am]                 The purpose of the proposed rule
                                                                                                                       Rulebook, including Rule 1614, is incorporated by
     BILLING CODE 8011–01–P
                                                               change is to amend Rule 804(e) to                       reference into the rulebooks of GEMX and MRX. As
                                                                                                                       such, the amendment to ISE Rule 1614 as proposed
                                                                 1 15   U.S.C. 78s(b)(1).                              herein will also apply to GEMX and MRX Rules
       17 17   CFR 200.30–3(a)(12).                              2 17   CFR 240.19b–4.                                 1614.



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     58650                       Federal Register / Vol. 83, No. 224 / Tuesday, November 20, 2018 / Notices

     pursuant to the following.’’ The                          Phlx Rules: 8 ‘‘A Member will be                      Material .03 to Rule 713 regarding
     Exchange proposes to specifically detail                  required to meet each market making                   Preferenced Orders).’’ The Exchange
     a Market Maker’s quoting obligations in                   obligation separately. A Competitive                  proposes to replace this language with
     new rule text within paragraph (e) and                    Market Maker who is also the Primary                  language in Rule 804(e)(1) that more
     therefore believes that the deleted                       Market Maker will be held to the                      technically defines a Competitive
     language is not necessary given that the                  Primary Market Maker obligations in the               Market Maker’s quoting obligation.10
     following sentences will replace this                     options series in which the Primary                   The Exchange proposes the following
     language, as described below.                             Market Maker is assigned and will be                  rule text: ‘‘If a Competitive Market
        The Exchange proposes to add new                       held to Competitive Market Maker                      Maker initiates quoting in an options
     rule text to Rule 804(e). The first new                   obligations in all other options series               class, the Competitive Market Maker,
     sentence will provide, similar to Phlx                    where assigned. A Competitive Market                  associated with the same Member, is
     Rule 1081(c): ‘‘A market maker must                       Maker who receives a Preferenced                      collectively required to provide two-
     enter bids and offers for the options to                  Order, as described in Supplementary                  sided quotations in 60% of the
     which it is appointed, except in an                       Material .03 to Rule 713, (‘‘Preferred                cumulative number of seconds, or such
     assigned options series listed intra-day 6                CMM’’) shall be held to the standard of               higher percentage as the Exchange may
     on the Exchange.’’ The Exchange                           a Preferred CMM in the options series                 announce in advance, for which that
     believes this sentence is clearer than the                of any assigned options class in which
                                                                                                                     Member’s assigned options class is open
     current Rule 804(e) because it excepts                    it receives the Preferenced Order.’’ This
                                                                                                                     for trading.’’ The 60% quoting
     intra-day quotes. The Exchange notes                      is the case today, even though the
                                                                                                                     requirement and the manner in which it
     that this is the case today, where a                      current rule text does not explicitly state
                                                               that each obligation is separate. As such,            is calculated as a percentage of time is
     Market Maker is not held to quote an                                                                            not being amended.11 The only change
     intra-day add of a series because the                     the Exchange is proposing to make clear
                                                               that a member who is a Competitive                    from current practice is to allow the
     options series was not available for                                                                            Exchange to announce in advance a
     trading the entire day. The Exchange is                   Market Maker, Primary Market Maker,
                                                               or Preferred CMM will have quoting                    higher percentage than the current 60%
     adding this exception to the rule text to
                                                               obligations which may need to be                      quoting requirement, which would
     make clear that Market Makers would
                                                               separately met depending on the role.                 bring the Exchange’s rule in line with
     not be responsible for quoting an intra-
                                                                                                                     Phlx Rule 1081(c)(ii)(A). The Exchange
     day addition on the day it was added.                     Rule 804(e)(1)                                        believes it may be appropriate to apply
     The Exchange does not count intra-day
                                                                  To align its rule structure with Phlx              a higher standard if doing so would be
     adds of a series that were not available
                                                               Rule 1081(c), the Exchange proposes to                in the interest of a fair and orderly
     for the entire day of trading because the
                                                               relocate the quoting obligations of                   market.12 Otherwise, the proposed
     Market Maker would not have the
                                                               Competitive Market Makers currently in                amendments described above are either
     opportunity to trade that particular
                                                               subparagraph (2) of Rule 804(e) to                    stylistic in nature or clarifying changes
     options series for the entire trading day,
                                                               subparagraph (1), and set forth the rule              that are intended to more specifically
     and therefore could not have anticipated
                                                               text currently in subparagraphs (2)(i)                state the current quoting obligations as
     the impact such intra-day adds would
                                                               and (2)(ii) therein, with a non-                      60% of the cumulative number of
     have on the calculation of its quoting
                                                               substantive modification from the                     seconds rather than 60% of the time the
     obligations.
                                                               current ‘‘intraday’’ to ‘‘intra-day’’ for             class is open for trading on the
        The Exchange also proposes to note                     consistency throughout the Rule. As
     within the new rule text the specific                                                                           Exchange.13 While the current rule more
                                                               such, proposed Rule 804(e)(1) will read:              generally indicates that the Exchange
     quoting obligations for each type of                      ‘‘On any given day, a Competitive
     Market Maker by adding: ‘‘On a daily                                                                            currently reviews quoting as a
                                                               Market Maker is not required to enter                 percentage of the time the class is open
     basis, a Market Maker must make                           quotations in the options classes to
     markets consistent with the applicable                                                                          for trading on the Exchange, the two
                                                               which it is appointed. A Competitive                  standards are otherwise equivalent.
     quoting requirements specified below.’’                   Market Maker may initiate quoting in
     The Exchange proposes to note within                                                                            Furthermore, the Exchange in its
                                                               options classes to which it is appointed              adopting rule filing for the 60%
     the new rule text the specific quoting                    intra-day.’’ 9
     obligations for each type of Market                                                                             standard stated that it would ‘‘calculate
                                                                  The Exchange also proposes to
     Maker. The Exchange is also adding rule                                                                         the percentage of time a market maker
                                                               remove the following sentence in Rule
     text to explain the interplay between the                                                                       quotes by dividing the number of
                                                               804(e)(2)(iii): ‘‘Whenever a Competitive
     quoting obligations for Competitive                                                                             minutes a Market Maker quotes in series
                                                               Market Maker enters a quote in an
     Market Makers, Primary Market Makers,                                                                           of an options class (numerator) by the
                                                               options class to which it is appointed,
     and Competitive Market Makers that are                    it must maintain continuous quotations                total minutes all series of the options
     Preferred Market Makers.7 Specifically,                   in that class for 60% of the time the                 class were open for trading on the
     the Exchange proposes to add, similar to                  class is open for trading on the
                                                                                                                        10 The proviso setting forth the 90% quoting
                                                               Exchange; provided, however, that a
       6 An  intra-day listing or add of a series means, for                                                         obligation for Competitive Market Makers with
                                                               Competitive Market Maker shall be                     Preferenced Orders currently in subparagraph
     purposes of this Rule 804(e), as an option series that
     is added manually on the same day the series              required to maintain continuous                       (2)(iii) will be replaced with more detailed language
     begins trading. The Exchange notes that an intra-         quotations for 90% of the time the class              in proposed Rule 804(e)(3), as further described
     day add of a series would be counted the following        is open for trading on the Exchange in                below.
                                                                                                                        11 As further discussed below, the Exchange will
     trading day (next business day after the intra-day        any options class in which it receives
     add of a series was listed) when the options series                                                             go from minutes to seconds as a way to express how
     would be available for a full trading day.                Preferenced Orders (see Supplementary                 it will calculate this percentage of time. See note
        7 Supplementary Material .03 to Rule 713 allows                                                              14 below, with accompanying text.
                                                                 8 See Phlx Rule 1081(c).                               12 Any such higher percentage would involve
     an Electronic Access Member to designate a
     ‘‘Preferred Market Maker’’ on orders it enters into         9 The  quoting obligations of Primary Market        appropriate advance announcement, which would
     the System (‘‘Preferenced Orders’’). A Preferred          Makers currently in subparagraph (1) of Rule 804(e)   then be available on the Exchange’s website.
     Market Maker may be the Primary Market Maker              and Supplementary Material to Rule 804 will be set       13 Phlx Rule 1081(c)(ii)(A) similarly sets forth the

     appointed to the options class or any Competitive         forth in new subparagraph (2) under the Exchange’s    quoting obligations as a percentage of the
     Market Maker appointed to the options class.              proposal, as further discussed below.                 cumulative number of seconds.



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                                Federal Register / Vol. 83, No. 224 / Tuesday, November 20, 2018 / Notices                                                       58651

     Exchange (denominator).’’ 14 As such,                   ‘‘Adjusted Options Series’’ throughout                   higher percentage than the current 90%
     the proposed changes will explicitly                    Rule 804(e). The Exchange also                           quoting obligation, which would bring
     state the same standard (expressed in                   proposes to use the defined term                         the Exchange’s rule in line with Phlx
     seconds) within the rule text itself.                   ‘‘Exchange-Traded Fund Shares,’’ which                   Rule 1081(c)(ii)(B). As discussed above
     Adding ‘‘associated with the same                       is defined in Rule 502(h), instead of                    for the Competitive Market Maker
     Member’’ conforms to Phlx Rule                          ‘‘exchange-traded fund shares’’ in the                   quoting obligations, the Exchange
     1081(c)(ii)(A) and also makes clear that                proposed definition of Adjusted Options                  believes it may be appropriate to apply
     the obligation is at the firm level and                 Series for consistency with the rest of                  a higher standard if doing so would be
     that all associated Competitive Market                  the Exchange’s Rulebook.                                 in the interest of a fair and orderly
     Makers will be counted in arriving at                      Finally, the Exchange proposes to                     market.18 Otherwise, the Exchange does
     the calculation for quoting obligations.                relocate current subparagraph (2)(iv) in                 not propose to amend the current 90%
       The Exchange also proposes to add in                  Rule 804(e) to proposed subparagraph                     quoting requirement; rather, the
     Rule 804(e)(1): ‘‘Notwithstanding the                   (1)(ii). The Exchange is not proposing                   Exchange proposes to more specifically
     foregoing, a Competitive Market Maker                   any amendments to the rule text itself                   state the current quoting obligations as
     shall not be required to make two-sided                 other than to replace the word                           90% of the cumulative number of
     markets pursuant to this Rule 804(e)(1)                 ‘‘continuous’’ with ‘‘intra-day’’ for the                seconds rather than 90% of the time the
     in any Quarterly Options Series, any                    reasons discussed above.                                 class is open for trading on the
     adjusted option series, and any option                  Rule 804(e)(2)                                           Exchange. While the current rule in
     series with an expiration of nine months                                                                         Supplementary Material .01 to Rule 804
     or greater for options on equities and                     As noted above, the Exchange                          more generally indicates that the
     exchange-traded funds (‘‘ETFs’’) or with                proposes to set forth the quoting                        Exchange currently reviews quoting as a
     an expiration of twelve months or                       obligations of Primary Market Makers in
                                                                                                                      percentage of the time the class is open
     greater for index options.’’ These                      Rule 804(e)(2). Currently as set forth in
                                                                                                                      for trading on the Exchange, the two
     exceptions exist today for ISE and are                  Rule 804(e)(1), Primary Market Makers
                                                                                                                      standards are otherwise equivalent.19
     being carried over into proposed Rule                   must enter continuous quotations in all
                                                                                                                      Accordingly, the proposed changes will
     804(e)(1) from current Supplementary                    of the series of the options classes to
                                                                                                                      explicitly state the same standard
     Material .02 to Rule 804 with some                      which they are appointed.16 Pursuant to
                                                                                                                      (expressed in seconds) within the rule
     modifications to conform to Phlx Rule                   Supplementary Material .01 to Rule 804,                  text itself. Adding ‘‘associated with the
     1081(c)(ii)(A). The majority of the                     Primary Market Makers are deemed to                      same Member’’ to the first sentence
     changes from the current rule text are                  have provided continuous quotes if they                  conforms to Phlx Rule 1081(c)(ii)(B) and
     stylistic in nature to conform to Phlx’s                provide two-sided quotes for 90% of the                  also makes clear that the obligation is at
     language and to define ETFs within the                  time that an options class is open for                   the firm level and that all associated
     rule text itself. The Exchange also                     trading on the Exchange. Similar to the                  Primary Market Makers will be counted
     proposes to add Quarterly Options                       quoting obligations for Competitive                      in arriving at the calculation for quoting
     Series, which is defined in Rule                        Market Makers, the Exchange proposes                     obligations.
     100(a)(55), to the list of exceptions to                to replace this language with language                     The Exchange also proposes to more
     the quoting obligations for Competitive                 in Rule 804(e)(2) that more technically                  specifically state within Rule 804(e)(2)
     Market Makers. Quarterly Options                        defines a Primary Market Maker’s                         that Primary Market Makers shall be
     Series are excluded from a Competitive                  quoting obligations. Proposed Rule                       required to make two-sided markets
     Market Maker’s quoting obligations                      804(e)(2) will provide that Primary                      pursuant to Rule 804(e)(2) in any
     today, and the Exchange therefore seeks                 Market Makers, associated with the                       Quarterly Options Series, any Adjusted
     to codify its current practice within the               same Member, are collectively required                   Options Series, and any options series
     proposed rule text. The Exchange notes                  to provide two-sided quotations in 90%                   with an expiration of nine months or
     that Quarterly Options Series are                       of the cumulative number of seconds, or                  greater for options on equities and ETFs
     similarly excluded from the market                      such higher percentage as the Exchange                   or with an expiration of twelve months
     maker quoting obligations on Phlx.15                    may announce in advance, for which                       or greater for index options. The
       The Exchange also proposes to add to                  that Member’s assigned options class is                  proposed changes do not amend the
     Rule 804(e)(1): ‘‘Competitive Market                    open for trading.17 Similar to the                       current quoting obligations of Primary
     Makers may choose to quote such series                  proposed changes to the 60% quoting                      Market Makers with respect to these
     in addition to regular series in the                    requirement for Competitive Market                       options series. As discussed above,
     options class, but such quotations will                 Makers discussed above, the 90%                          Supplementary Material .02 to Rule 804
     not be considered when determining                      quoting requirement for Primary Market                   currently excludes adjusted options
     whether a Competitive Market Maker                      Makers and the manner in which it is                     series and long-term options series from
     has met the obligation contained in this                calculated as a percentage of time is not                the quoting obligations of Competitive
     paragraph (e)(1).’’ This language is being              being amended. The only change from                      Market Makers and Preferred CMMs. As
     relocated from current Supplementary                    current practice is to allow the                         noted above, while the current rule in
     Material .02 to Rule 804, with a                        Exchange to announce in advance a                        paragraph (e)(1) implicitly provides that
     modification to update the cross-                                                                                these exceptions do not apply to
                                                               16 This means that the Primary Market Maker
     reference.                                                                                                       Primary Market Makers and that their
                                                             quoting requirement includes all series of an
       Further, the definition of adjusted                   appointed options class, including the options
     options series currently within                         series that are currently excluded from the quoting        18 See note 12 above.
     Supplementary Material .02 to Rule 804                  requirements of Competitive Market Makers and              19 See 2013 Proposal, footnote 14 (providing that
     will be relocated to subparagraph (1)(ii)               Preferred CMMs (i.e., Quarterly Options Series,          to calculate whether a Primary Market Maker has
                                                             Adjusted Options Series, and long-term options). As      maintained quotations for at least 90% of the time,
     of Rule 804(e), and will be defined as                  discussed below, the Exchange will explicitly state      the Exchange will divide the total number of
                                                             that a Primary Market Maker’s quoting obligations        minutes a Primary Market Maker maintained
       14 See Securities Exchange Act Release No. 69175      will include these specified options series.             quotations in options series of a class (numerator)
     (March 19, 2013), 78 FR 17988 (March 25, 2013)            17 Phlx Rule 1081(c)(ii)(B) similarly sets forth the   by the total minutes all series of the options class
     (SR–ISE–2013–17) (‘‘2013 Proposal’’) at 17989.          quoting obligations as a percentage of the               were open for trading on the Exchange
       15 See Phlx Rule 1081(c)(ii)(A).                      cumulative number of seconds.                            (denominator)).



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     58652                         Federal Register / Vol. 83, No. 224 / Tuesday, November 20, 2018 / Notices

     quoting obligations include such series,                  quoting obligation, which would bring                    Exchange seeks to add Quarterly
     the Exchange proposes to explicitly                       the Exchange’s rule in line with Phlx                    Options Series to the list of exceptions
     state that Primary Market Makers are                      Rule 1081(c)(ii)(C). As discussed above                  in proposed Rule 804(e)(3) to codify its
     required to make two-sided markets in                     for the Competitive Market Maker and                     current practice.24
     the specified options series.                             Primary Market Maker quoting                                The Exchange will add in proposed
     Furthermore, Primary Market Makers                        obligations, the Exchange believes it                    Rule 804(e)(3) similar language for
     are required to make two-sided markets                    may be appropriate to apply a higher                     Preferred CMMs as proposed for
     in Quarterly Options Series today.                        standard if doing so would be in the                     Competitive Market Makers in Rule
     Accordingly, the Exchange seeks to add                    interest of a fair and orderly market.21                 804(e)(1) that Preferred CMMs may
     Quarterly Options Series to the Rule                      Otherwise, the 90% quoting                               choose to quote such series in addition
     804(e)(2) to codify its current practice.                 requirement for Preferred CMMs and the                   to regular series in the options class, but
     The Exchange notes that Phlx                              manner in which it is calculated as a                    such quotations will not be considered
     Specialists are similarly required to                     percentage of time is not being                          when determining whether a Preferred
     make two-sided markets in Quarterly                       amended; rather, the Exchange proposes                   CMM has met the obligation contained
     Options Series.20                                         to more specifically express the current                 in this paragraph (e)(3). This language is
     Rule 804(e)(3)                                            quoting obligations as 90% of the                        currently in Supplementary Material .02
                                                               cumulative number of seconds rather                      to Rule 804, and applies to the quoting
        Currently as set forth in Rule                         than 90% of the time the class is open                   obligations for both Competitive Market
     804(e)(2)(iii), a Competitive Market                      for trading on the Exchange.22 As noted                  Makers and Preferred CMMs. Finally,
     Maker is required to maintain                             above for Competitive Market Makers                      the Exchange proposes to relocate
     continuous quotations for 90% of the                      and Primary Market Makers, the two                       language from Supplementary Material
     time the class is open for trading on the                 standards are equivalent even though                     .02 to Rule 804 into new paragraph
     Exchange in any options class in which                    the current rule more generally                          (e)(3), with some modifications to
     it receives the Preferenced Order                         expresses that the Exchange reviews                      update a cross-reference and remove
     pursuant to Supplementary Material .03                    quoting as a percentage of time. As                      redundant language, as follows: ‘‘A
     to Rule 713. The Exchange now                             such, the proposed changes will                          Preferred CMM may be preferenced in
     proposes to replace this language with                    explicitly state the same standard                       such series and receive enhanced
     language that more technically defines                    (expressed in seconds) within the rule                   allocations pursuant to Nasdaq ISE Rule
     the quoting obligations of the                            text itself.                                             713, Supplementary Material .03, only if
     Competitive Market Maker that receives
                                                                 Adding ‘‘associated with the same                      it complies with the heightened 90%
     the Preferenced Order (i.e., Preferred
                                                               Member’’ conforms to Phlx Rule                           quoting requirement contained in this
     CMM) in new Rule 804(e)(3). The
                                                               1081(c)(ii)(C) and also makes clear that                 paragraph (e)(3).’’
     Exchange proposes to add in Rule
                                                               the obligation is at the firm level and
     804(e)(3) that Preferred CMMs,                                                                                     Rule 804(e)(4)
                                                               that all associated Preferred CMMs will
     associated with the same Member, are                                                                                  The Exchange proposes to add new
                                                               be counted in arriving at the calculation
     collectively required to provide two-                                                                              rule text at Rule 804(e)(4) to provide the
                                                               for quoting obligations. Furthermore,
     sided quotations in 90% of the                                                                                     method by which the Exchange will
                                                               the proposed language is being added to
     cumulative number of seconds, or such                                                                              calculate the Market Maker quoting
                                                               clarify when a Preferred CMM is
     higher percentage as the Exchange may                                                                              obligations contained in proposed
     announce in advance, for which that                       considered to be preferenced in an
                                                               assigned options class, and does not                     subparagraphs (1)–(3) of Rule 804(e).
     Member’s assigned options class is open
                                                               amend the Exchange’s current practice.                   The Exchange proposes to state that the
     for trading. A Member shall be
                                                               The Exchange, similar to today, will                     Exchange will (i) take the total number
     considered preferenced in an assigned
                                                               exclude any Quarterly Options Series,                    of seconds the Member disseminates
     options class once the Member receives
                                                               any Adjusted Options Series, and any                     quotes in each assigned options series,
     a Preferenced Order in any option class
                                                               options series with an expiration of nine                excluding, for Competitive Market
     in which they are assigned and shall be
                                                               months or greater for options on equities                Makers and Preferred CMMs, Quarterly
     considered a preferenced for that day in
                                                               and ETFs or with an expiration of                        Option Series, any Adjusted Option
     all series for that option class in which
                                                               twelve months or greater for index                       Series, and any option series with an
     it received the Preferenced Order.
     Notwithstanding the foregoing, a                          options from the quoting obligations of                  expiration of nine months or greater for
     Preferred CMM shall not be required to                    Preferred CMMs.23 As discussed above,                    options on equities and ETFs or with an
     make two-sided markets pursuant to                        Supplementary Material .02 to Rule 804                   expiration of twelve months or greater
     Rule 804(e)(3) in any Quarterly Options                   currently provides an exception from                     for index options; and (ii) divide that
     Series, any Adjusted Options Series,                      the quoting obligations in adjusted                      time by the eligible total number of
     and any options series with an                            options series and any long-term                         seconds each assigned option series in
     expiration of nine months or greater for                  options series for Preferred CMMs. As                    the options class is open for trading that
     options on equities and ETFs or with an                   such, proposed Rule 804(e)(3) makes                      day. Similar to Phlx Rule 1081(c)(ii)(D),
     expiration of twelve months or greater                    clear that such Members are not                          the Exchange believes that the addition
     for index options.                                        required to make two-sided markets in                    of this language will bring greater
        The Exchange notes that similar to the                 these options series. In addition,                       transparency to the manner in which
     proposed language for the Competitive                     Preferred CMMs are not required to                       the Exchange calculates the quoting
     Market Maker and Primary Market                           make two-sided markets in Quarterly                      obligation. The Exchange is not
     Maker quoting obligations discussed                       Options Series today. Accordingly, the                   amending the manner in which the
     above, the only change from current                                                                                quoting obligation is calculated; rather
     practice is to allow the Exchange to                        21 See note 12 above.                                  the Exchange is simply adding to the
                                                                 22 Phlx Rule 1081(c)(ii)(C) similarly sets forth the
     announce in advance a higher                              quoting obligations as a percentage of the                 24 Directed SQTs and Directed RSQTs on Phlx are
     percentage than the current 90%                           cumulative number of seconds.                            similarly excluded from making two-sided markets
                                                                 23 This exception is currently set forth in            in Quarterly Options Series. See Phlx Rule
       20 See   Phlx Rule 1081(c)(ii)(B).                      Supplementary Material .02 to Rule 804.                  1081(c)(ii)(C).



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                                Federal Register / Vol. 83, No. 224 / Tuesday, November 20, 2018 / Notices                                             58653

     current rule the exact manner in which                  failing to meet the quoting obligation                 investors and the public interest. The
     the Exchange determines the quoting                     each trading day.’’ The proposed rule                  Exchange believes that its proposed rule
     percentage. The Exchange also proposes                  text is similar to language currently in               change provides further detail as to the
     to add the following in Rule 804(e)(4):                 Supplementary Material .01 to Rule                     quoting obligations of Market Makers.
     ‘‘Quoting is not required in every                      804,27 and is merely rephrased to                      As discussed above, other than one
     assigned options series.’’ This sentence                conform to Phlx Rule 1081(c)(iii). As                  modification to allow the Exchange to
     is not currently in the rule. The added                 such, the Exchange is not amending the                 announce in advance a higher
     language is not amending the                            manner in which the surveillance                       percentage of quoting compliance
     Exchange’s current practice; rather the                 functions today, and the proposed                      standards, the Exchange is not
     Exchange is clearly stating that quoting                amendments to Rule 804(e)(5) are not                   amending current practice or its current
     is not required in every assigned options               substantive in nature.                                 quoting obligations. The Exchange
     series to make clear the current                                                                               believes that it is consistent with the
                                                             Rule 804(e)(6)
     obligation (i.e., the Market Maker is not                                                                      Act to have the ability to announce a
     required to quote every single assigned                    The Exchange proposes to adopt a                    higher percentage in the interest of
     options series in order to meet its                     new Rule 804(e)(6) that provides: ‘‘If a               maintaining a fair and orderly market.
     quoting obligations). Also, the Exchange                technical failure or limitation of a                   As noted above, the Exchange would
     proposes to state: ‘‘Compliance with this               System of the Exchange prevents a                      provide appropriate advance
     requirement is determined by reviewing                  Member from maintaining, or prevents a                 announcement for any such higher
     the aggregate of quoting in assigned                    market maker from communicating to                     percentage, which would then be
     options series for the Member.’’ This                   the Exchange, timely and accurate                      available on the Exchange’s website.
     language is similar to language presently               quotes, the Member shall promptly                      Otherwise, the Exchange notes that to
     in Supplementary Material .01 to Rule                   notify the Exchange and the duration of                the extent that there are rule text
     804 25 and clarifies that the quoting                   such failure or limitation shall not be                changes from the current language,
     obligations apply to all of the Market                  included in any of the calculations                    these differences are all to harmonize its
     Maker’s assigned options series                         under this subparagraph (e) with respect               rules with Phlx Rule 1081(c) to promote
     collectively, which is how the Exchange                 to the affected quotes.’’ This language is             consistency among similar rules of the
     applies the quoting obligation today. As                being relocated from Supplementary                     Exchange and its affiliates, or to codify
     such, the proposed language simply                      Material .01 to Rule 804, and modified                 its current practice within the proposed
     conforms the text to Phlx Rule                          to specifically refer to the calculations              rule text to bring transparency to the
     1081(c)(ii)(D).                                         in proposed subparagraph (e), capitalize               Exchange’s rulebook.
                                                             ‘‘System,’’ which is a defined term, and
     Rule 804(e)(5)                                                                                                    Specifically, the Exchange believes
                                                             rephrased to conform to Phlx Rule
        The Exchange proposes to adopt a                                                                            that replacing ‘‘continuous’’ with ‘‘intra-
                                                             1081(c)(iv).
     new Rule 804(e)(5) to provide that ISE                                                                         day’’ throughout the rulebook is
     Regulation may consider exceptions to                   Clean-up Changes                                       consistent with the Act because it more
     the above-referenced requirement to                       The Exchange proposes to delete                      accurately reflects the manner in which
     quote based on demonstrated legal or                    Supplementary Materials .01 and .02 to                 Market Makers quote on ISE. Also in the
     regulatory requirements or other                        Rule 804, and all related cross-                       introductory sentence to Rule 804(e),
     mitigating circumstances. This language                 references throughout the Rulebook. As                 the Exchange is codifying its current
     is similar to language presently in                     explained above, this rule text is being               practice of excluding intra-day
     Supplementary Material .01 to Rule                      relocated within the proposed rule text                additions of assigned options series
     804,26 but specifies that ISE Regulation                with some modifications. Finally, the                  from a Market Maker’s quoting
     (i.e., the Exchange’s regulatory                        Exchange proposes to update all cross-                 obligations to make clear that Market
     department) may consider exceptions to                  references to Rule 804(e) in its Rules to              Makers would not be responsible for
     the quoting obligation, which is the case               reflect the proposed renumbering and                   such series on the day it was added. As
     today, and aligns the rule text to Phlx                 expansion of rules described above.                    noted above, for purposes of calculating
     Rule 1081(c)(iii). The Exchange further                                                                        the quoting obligations, the Exchange
     proposes to add the following rule text                 2. Statutory Basis                                     counts an intra-day add of a series the
     to new Rule 804(e)(5): ‘‘For purposes of                   The Exchange believes that its                      following trading day when the options
     the Exchange’s surveillance of Member                   proposal is consistent with Section 6(b)               series would be available for a full
     compliance with this rule, the Exchange                 of the Act,28 in general, and furthers the             trading day. The Exchange believes that
     will determine compliance on a                          objectives of Section 6(b)(5) of the Act,29            codifying this current exception within
     monthly basis. The Exchange’s monthly                   in particular, in that it is designed to               the rule text is consistent with the Act
     compliance evaluation of the quoting                    promote just and equitable principles of               as it will bring transparency to the
     requirement does not relieve a Member                   trade, to remove impediments to and                    Exchange’s rulebook. The Exchange
     of the obligation to provide two-sided                  perfect the mechanism of a free and                    does not count intra-day adds of options
     quotes on a daily basis, nor will it                    open market and a national market                      series that were not available for the
     prohibit the Exchange from taking                       system, and, in general to protect                     entire day of trading because the Market
     disciplinary action against a Member for                                                                       Maker would not have the opportunity
                                                               27 The current language provides: ‘‘Overall          to trade that particular options series for
       25 The  current language provides: ‘‘Compliance       compliance with market maker quoting obligations       the entire trading day, and therefore
     with this Primary Market Marker quoting                 will be determined on a monthly basis. However,
                                                             the ability of the Exchange to determine compliance
                                                                                                                    could not have anticipated the impact
     requirement and the Competitive Market Maker
     quoting requirements contained in (e)(2)(iii) above     on a monthly basis does not: (1) Relieve market        such intra-day additions would have on
     will be applied to all option classes quoted            makers from their obligation to meet daily quoting     the calculation of its quoting
     collectively on a daily basis.’’                        requirements in Rule 804; and (2) prohibit the         obligations. The Exchange also believes
       26 The current language provides: ‘‘The Exchange      Exchange from bringing disciplinary action against
                                                             a market maker for failure to meet its daily quoting
                                                                                                                    that codifying its current practice of
     may consider other exceptions to this continuous
     electronic quote obligation based on demonstrated       requirements set forth in Rule 804.’’                  excluding Quarterly Options Series from
     legal or regulatory requirements or other mitigating      28 15 U.S.C. 78f(b).                                 the quoting requirements of Competitive
     circumstances.’’                                          29 15 U.S.C. 78f(b)(5).                              Market Makers and Preferred CMMs


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     58654                      Federal Register / Vol. 83, No. 224 / Tuesday, November 20, 2018 / Notices

     will bring clarity to the Exchange’s                    continuous quotations in all of the                   operative for 30 days from the date on
     rulebook that quotes in such series will                series listed on the Exchange in their                which it was filed, or such shorter time
     not be considered in determining                        assigned options classes, as further                  as the Commission may designate, it has
     whether a Competitive Market Maker or                   described above. Finally, adding that                 become effective pursuant to Section
     Preferred CMM complied with their                       the Member is considered preferenced                  19(b)(3)(A)(iii) of the Act 30 and
     respective quoting obligations. Similar                 for that day in all series for that assigned          subparagraph (f)(6) of Rule 19b–4
     to the Adjusted Options Series and long-                options class in which it received the                thereunder.31
     term options series that are currently                  Preferenced Order is similarly codifying                 At any time within 60 days of the
     explicitly listed as exceptions in the                  the Exchange’s current practice and will              filing of the proposed rule change, the
     rule text, it is the Exchange’s                         bring more transparency to the                        Commission summarily may
     understanding that quoting obligations                  Rulebook.                                             temporarily suspend such rule change if
     on these often less frequently traded                     Overall, the Exchange believes that its             it appears to the Commission that such
     options series impact the risk                          proposal is consistent with the Act                   action is necessary or appropriate in the
     parameters acceptable to the Market                     because the proposed rule text protects               public interest, for the protection of
     Makers, and therefore the quoting                       investors and the public interest by                  investors, or otherwise in furtherance of
     obligation exceptions (including                        providing clear language that will be                 the purposes of the Act. If the
     Quarterly Options Series) are to                        utilized on all Nasdaq, Inc.-affiliated               Commission takes such action, the
     incentivize Market Makers to continue                   options markets for easy comparison by                Commission shall institute proceedings
     to seek assignments in these options                    common members that are engaged in                    to determine whether the proposed rule
     series and thereby promote liquidity in                 market making activities on both the                  should be approved or disapproved.
     options classes listed on the Exchange                  Exchange and its affiliates. As discussed
     to the benefit of investors and the public              above, the proposed changes will                      IV. Solicitation of Comments
     interest.                                               restructure ISE’s current rules on Market               Interested persons are invited to
        The Exchange is also proposing to                    Maker quoting obligations to conform to               submit written data, views, and
     explicitly state that a member will be                  rule text used on its affiliate, Phlx. The            arguments concerning the foregoing,
     required to meet each market making                     Exchange further believes that the                    including whether the proposed rule
     obligation separately in order to make                  proposed rule changes would remove                    change is consistent with the Act.
     clear that a Competitive Market Maker,                  impediments to and perfect the                        Comments may be submitted by any of
     Primary Market Maker, or Preferred                      mechanism of a free and open market by                the following methods:
     CMM will have quoting obligations                       ensuring that members, regulators and
     which may need to be met separately,                                                                          Electronic Comments
                                                             the public can more easily navigate and
     depending on the role. In addition, the                 understand the Exchange’s rulebook,                     • Use the Commission’s internet
     Exchange is expressing each of the                      thereby avoiding potential confusion.                 comment form (http://www.sec.gov/
     current quoting obligations as a                                                                              rules/sro.shtml); or
     percentage of the cumulative number of                  B. Self-Regulatory Organization’s                       • Send an email to rule-comments@
     seconds rather than as a percentage of                  Statement on Burden on Competition                    sec.gov. Please include File Number SR–
     the time the class is open for trading on                 The Exchange does not believe that                  ISE–2018–90 on the subject line.
     the Exchange in order to add more                       the proposed rule change will impose
     transparency as to the standards by                     any burden on competition that is not                 Paper Comments
     which a Market Maker’s quoting                          necessary or appropriate in further of                  • Send paper comments in triplicate
     obligations are measured. In the same                   the purposes of the Act. The proposal                 to Secretary, Securities and Exchange
     vein, the proposed rule text in Rule                    does not impose a burden on                           Commission, 100 F Street NE,
     804(e)(4) to describe the exact manner                  competition because the Exchange will                 Washington, DC 20549–1090.
     in which the Exchange calculates the                    continue to uniformly calculate and                   All submissions should refer to File
     quoting obligations by specifying the                   apply the quoting obligations for all ISE             Number SR–ISE–2018–90. This file
     numerator and denominator                               Market Makers. Other than to allow the                number should be included on the
     calculations, as well as clarifying that                Exchange to announce in advance a                     subject line if email is used. To help the
     quoting is not required in every                        higher percentage of quoting                          Commission process and review your
     assigned options series, adds                           compliance standards, the Exchange’s                  comments more efficiently, please use
     transparency to the Exchange’s                          proposal does not modify the current                  only one method. The Commission will
     rulebook, and allows members to better                  practice or the current quoting                       post all comments on the Commission’s
     monitor whether they are in compliance                  obligations on ISE, as further discussed              internet website (http://www.sec.gov/
     with their quoting requirements.                        above.                                                rules/sro.shtml). Copies of the
        Adding ‘‘associated with the same                                                                          submission, all subsequent
     Member’’ throughout the proposed rule                   C. Self-Regulatory Organization’s
                                                             Statement on Comments on the                          amendments, all written statements
     text conforms to Phlx Rule 1081(c)(ii)                                                                        with respect to the proposed rule
     and adds clarity that the quoting                       Proposed Rule Change Received From
                                                             Members, Participants, or Others                      change that are filed with the
     obligations are at the firm level, and that
                                                                                                                   Commission, and all written
     all associated Market Makers will be                      No written comments were either                     communications relating to the
     counted in arriving at the applicable                   solicited or received.                                proposed rule change between the
     calculation for quoting obligations.
     Specifically stating that Primary Market                III. Date of Effectiveness of the
                                                                                                                     30 15  U.S.C. 78s(b)(3)(A)(iii).
     Makers are required to make two-sided                   Proposed Rule Change and Timing for
                                                                                                                     31 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–
     markets in any Quarterly Options                        Commission Action
                                                                                                                   4(f)(6) requires a self-regulatory organization to give
     Series, any Adjusted Options Series,                       Because the foregoing proposed rule                the Commission written notice of its intent to file
     and any long-term options series                        change does not: (i) Significantly affect             the proposed rule change at least five business days
                                                                                                                   prior to the date of filing of the proposed rule
     codifies what was implicit in the                       the protection of investors or the public             change, or such shorter time as designated by the
     current rule text which required                        interest; (ii) impose any significant                 Commission. The Exchange has satisfied this
     Primary Market Makers to enter                          burden on competition; and (iii) become               requirement.



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                                Federal Register / Vol. 83, No. 224 / Tuesday, November 20, 2018 / Notices                                                         58655

     Commission and any person, other than                   I. Self-Regulatory Organization’s                        longer period with a known and limited
     those that may be withheld from the                     Statement of the Terms of Substance of                   cost.
     public in accordance with the                           the Proposed Rule Change                                   The SPY options market today is
     provisions of 5 U.S.C. 552, will be                        The Exchange is filing a proposal to                  characterized by its tremendous daily
     available for website viewing and                       amend Rule 406, Long-Term Option                         and annual liquidity. As a consequence
     printing in the Commission’s Public                     Contracts.                                               the Exchange believes that the listing of
     Reference Room, 100 F Street NE,                           The text of the proposed rule change                  additional SPY long-term expiration
     Washington, DC 20549, on official                       is available on the Exchange’s website at                months would be well received by
     business days between the hours of                      http://www.miaxoptions.com/rule-                         investors. This proposal to expand the
     10:00 a.m. and 3:00 p.m. Copies of the                  filings/ at MIAX Options’ principal                      number of permitted SPY long-term
     filing also will be available for                       office, and at the Commission’s Public                   expiration months would not apply to
     inspection and copying at the principal                 Reference Room.                                          long-term expiration months on any
     office of the Exchange. All comments                                                                             other class of options.5
     received will be posted without change.                 II. Self-Regulatory Organization’s                         The Exchange proposes to implement
                                                             Statement of the Purpose of, and                         the proposed rule change on November
     Persons submitting comments are
                                                             Statutory Basis for, the Proposed Rule                   16, 2018.
     cautioned that we do not redact or edit
                                                             Change
     personal identifying information from                                                                            2. Statutory Basis
     comment submissions. You should                           In its filing with the Commission, the
                                                             Exchange included statements                                The Exchange believes that its
     submit only information that you wish                                                                            proposed rule change is consistent with
     to make available publicly. All                         concerning the purpose of and basis for
                                                             the proposed rule change and discussed                   Section 6(b) of the Act 6 in general, and
     submissions should refer to File                                                                                 furthers the objectives of Section 6(b)(5)
     Number SR–ISE–2018–90 and should be                     any comments it received on the
                                                             proposed rule change. The text of these                  of the Act 7 in particular, in that it is
     submitted on or before December 11,                                                                              designed to prevent fraudulent and
     2018.                                                   statements may be examined at the
                                                             places specified in Item IV below. The                   manipulative acts and practices, to
       For the Commission, by the Division of                Exchange has prepared summaries, set                     promote just and equitable principles of
     Trading and Markets, pursuant to delegated              forth in sections A, B, and C below, of                  trade, to foster cooperation and
     authority.32                                            the most significant aspects of such                     coordination with persons engaged in
     Eduardo A. Aleman,                                      statements.                                              facilitating transactions in securities, to
     Assistant Secretary.
                                                                                                                      remove impediments to and perfect the
                                                             A. Self-Regulatory Organization’s                        mechanisms of a free and open market
     [FR Doc. 2018–25240 Filed 11–19–18; 8:45 am]
                                                             Statement of the Purpose of, and                         and a national market system and, in
     BILLING CODE 8011–01–P                                  Statutory Basis for, the Proposed Rule                   general, to protect investors and the
                                                             Change                                                   public interest. Additionally, the
                                                             1. Purpose                                               Exchange believes the proposed rule
     SECURITIES AND EXCHANGE                                                                                          change is consistent with the Section
     COMMISSION                                                 The Exchange proposes to amend                        6(b)(5) 8 requirement that the rules of an
                                                             MIAX Options Rule 406, Long-Term                         exchange not be designed to permit
     [Release No. 34–84584; File No. SR–MIAX–                Option Contracts, to permit the listing                  unfair discrimination between
     2018–28]                                                and trading of up to ten (10) long-term                  customers, issuers, brokers, or dealers.
                                                             expiration months for long term options                     In particular, the proposed rule
     Self-Regulatory Organizations; Miami                    on the SPDR® S&P 500® exchange-                          change offers market participants
     International Securities Exchange,                      traded fund (‘‘SPY’’) in response to                     additional long-term expiration months
     LLC; Notice of Filing and Immediate                     customer demand.3 Rule 406(a)                            on SPY options for their investment and
     Effectiveness of a Proposed Rule                        currently provides that the Exchange                     risk management purposes. The
     Change To Amend Exchange Rule 406,                      may list long-term option contracts that                 proposal is intended simply to provide
     Long-Term Option Contracts                              expire from twelve (12) to thirty-nine                   additional trading opportunities which
                                                             (39) months from the time they are                       have been requested by customers,
     November 14, 2018.                                      listed (‘‘long-term expiration months’’)                 thereby facilitating transactions in
        Pursuant to the provisions of Section                until expiration. There may be up to six                 options and contributing to the
     19(b)(1) of the Securities Exchange Act                 (6) long-term expiration months per                      protection of investors and the
     of 1934 (‘‘Act’’),1 and Rule 19b–4                      option class.4 The proposal will add                     maintenance of fair and orderly markets.
     thereunder,2 notice is hereby given that                liquidity to the SPY options market by                   The proposed rule change responds to
     on November 8, 2018, Miami                              allowing market participants to hedge                    the continuing needs of market
     International Securities Exchange, LLC                  risks relating to SPY positions over a                   participants, particularly portfolio
     (‘‘MIAX Options’’ or the ‘‘Exchange’’)                                                                           managers and other institutional
     filed with the Securities and Exchange
                                                                3 In contrast to Rule 406(a), Exchange Rule
                                                                                                                      customers, by providing protection from
                                                             1809(b) which applies to index options permits the       long-term market moves and by offering
     Commission (‘‘Commission’’) a                           Exchange to list long-term index options series
     proposed rule change as described in                    based on either the full or reduced value of the         an alternative to hedging portfolios with
     Items I and II below, which Items have                  underlying index, adding up to ten (10) expiration       future positions or off-exchange
     been prepared by the Exchange. The                      months. The Exchange seeks to list ten (10) long-        customized derivative instruments.
                                                             term expiration months on SPY, just as it now may
     Commission is publishing this notice to                 list ten (10) expiration months on long-term index
                                                                                                                         5 Historically, SPY is the largest and most actively
     solicit comments on the proposed rule                   options series, in order to provide investors with a
                                                             wider choice of investments.                             traded ETF in the United States as measured by its
     change from interested persons.                                                                                  assets under management and the value of shares
                                                                4 Strike price interval (Rule 404), bid/ask

                                                             differential (Rule 603(b)(4)) and continuous quoting     traded.
       32 17 CFR 200.30–3(a)(12).                                                                                        6 15 U.S.C. 78f(b).
                                                             (Rule 604(e)(2) and (3)) rules shall not apply to such
       1 15 U.S.C. 78s(b)(1).                                                                                            7 15 U.S.C. 78f(b)(5).
                                                             options series until the time to expiration is less
       2 17 CFR 240.19b–4.                                   than nine (9) months.                                       8 Id.




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Document Created: 2018-11-20 07:59:07
Document Modified: 2018-11-20 07:59:07
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 58649 

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