83_FR_60739 83 FR 60512 - Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Add Definitions to Rule 1000 and Amend Risk Protections

83 FR 60512 - Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Add Definitions to Rule 1000 and Amend Risk Protections

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 83, Issue 227 (November 26, 2018)

Page Range60512-60514
FR Document2018-25597

Federal Register, Volume 83 Issue 227 (Monday, November 26, 2018)
[Federal Register Volume 83, Number 227 (Monday, November 26, 2018)]
[Notices]
[Pages 60512-60514]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-25597]


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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84620; File No. SR-Phlx-2018-71]


Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Add Definitions 
to Rule 1000 and Amend Risk Protections

November 19, 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 November 6, 2018, Nasdaq PHLX LLC (``Phlx'' or ``Exchange'') filed 
with the Securities and Exchange Commission (``SEC'' or ``Commission'') 
the proposed rule change as described in Items I and II below, which 
Items have been prepared by the Exchange. The Commission is publishing 
this notice to solicit comments on the proposed rule change from 
interested persons.
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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 add definitions to Rule 1000, titled 
``Applicability, Definitions and References,'' amend Rule 1090, titled 
``Clerks'' and amend Rule 1099, titled, ``Risk Protections.''
    The text of the proposed rule change is available on the Exchange's 
website at http://nasdaqphlx.cchwallstreet.com/, at the principal 
office of the Exchange, and at the Commission's Public Reference Room.

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 this rule change is to adopt certain definitions 
within Rule 1000(b), amend Rule 1090, titled ``Clerks'' and amend Rule 
1099, titled, ``Risk Protections.'' Each change is described in more 
detail below.
Definitions
    The Exchange proposes to amend Rule 1000(b) to add three new 
definitions into its Rulebook. These definitions are utilized in 
technical documents issued by the Exchange and will provide an ease of 
reference for understanding these terms. Specifically, Rule 1000(b)(51) 
would define an account number as a number assigned to a member 
organization. Member organizations may have more than one account 
number. Rule 1000(b)(52) would define a badge as an account number, 
which may contain letters and/or numbers, assigned to Specialists and 
Registered Options Traders. A Specialist or Registered Options Trader 
account may be associated with multiple badges. Finally, Rule 
1000(b)(53) would define a mnemonic as an acronym comprised of letters 
and/or numbers assigned to member organizations. A member organization 
account may be associated with multiple mnemonics.
Risk Protections
Order Price Protection
    The Exchange proposes to amend Rule 1099(a)(1) relating to the 
Order Price Protection or ``OPP.'' The Exchange proposes to remove the 
example within Rule 1099(a)(1)(B)(i) which states, '' For example, if 
the Reference BBO on the offer side is $1.10, an order to buy options 
for more than $1.65 would be rejected. Similarly, if the Reference BBO 
on the bid side is $1.10, an order to sell options for less than $0.55 
will be rejected.'' The Exchange also proposes to remove the example 
within Rule 1099(a)(1)(B)(ii) which states, ``For example, if the 
Reference BBO on the offer side is $1.00, an order to buy options for 
more than $2.00 would be rejected. However, if the Reference BBO of the 
bid side of an incoming order to sell is less than or equal to $1.00, 
the OPP limits set forth above will result in all incoming sell orders 
being accepted regardless of their limit. To illustrate, if the 
Reference BBO on the bid side is equal to $1.00, the OPP limits provide 
protection such that all orders to sell with a limit less than $0.00 
would be rejected.'' The Exchange notes that while the examples remain 
accurate, the Exchange proposes to remove the text to conform the rule 
text to other risk protections. The Exchange does not believe it is 
necessary to have these examples within the rule text.
Market Order Spread Protection
    The Exchange proposes to add language to the Market Order Spread 
Protection Rule in 1099(a)(2). First, Phlx proposes to add the word 
``trading'' before the word ``halt'' within Rule in 1099(a)(2) for 
consistency. In the OPP rule, text halts are referred to as ``trading 
halts.'' This will avoid confusion as to the use of this term. Second, 
at the time Phlx filed to amend Market Order Spread Protection on Phlx, 
it noted in that rule change that this mandatory risk protection 
protects Market Orders \3\ from being executed in very wide markets.\4\ 
Specifically, it noted within footnote 11 that the Exchange may 
establish differences other than the referenced threshold for one or 
more series or classes of options.\5\ At this time, the Exchange 
proposes to memorialize this capability within Rule 1099(a)(2) by 
stating, ``The Exchange may establish different thresholds for one or 
more series or classes of options.'' The Exchange believes that adding 
this provision to the rule will provide an easy reference as to the 
Exchange's capability to establish different thresholds per options 
series or class.
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    \3\ Market Orders are orders to buy or sell at the best price 
available at the time of execution.
    \4\ Securities Exchange Act Release No. 83141 (May 1, 2018), 83 
FR 20123 (May 7, 2018) (SR-Phlx-2018-32).
    \5\ Id.
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Anti-Internalization
    The Exchange proposes to replace the word ``Exchange badge'' with 
``market participant identifier'' to more specifically describe this 
functionality.

[[Page 60513]]

Also the Exchange is adding ``. . . quotes and orders entered on the 
opposite side of the market by the same Specialist or Registered 
Options Trader using the same identifier'' and is again replacing 
``badge'' with ``identifier.'' The Exchange is identifying Specialists 
and Registered Options Traders in the System and preventing quotes and 
orders from the same Specialists or Registered Options Traders from 
executing. Finally the Exchange proposes to add the word ``order'' 
after complex in the last sentence of the Anti-Internalization 
paragraph for clarity.
Clerks
    In order to avoid any confusion because the Exchange defined the 
term ``badge,'' the Exchange proposes to amend Rule 1090, which applies 
to Clerks on the Exchange's trading floor. This use of the word badge 
was meant to indicate a physical identifier that is worn on the trading 
floor to identify members. Therefore, the Exchange is replacing the 
term ``badge'' with ``identification'' in Rule 1090.
Automated Removal of Quotes
    Finally, the Exchange proposes to amend the title of Rule 
1099(c)(2) from ``Automated Removal of Quotes'' to ``Quotation 
Adjustments'' to conform the title across Nasdaq markets.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act,\6\ in general, and furthers the objectives of Section 
6(b)(5) of the Act,\7\ in particular, in that it is designed to promote 
just and equitable principles of trade and to protect investors and the 
public interest by bringing greater transparency to its rules. 
Amendments to remove examples from the OPP rule text and add 
``trading'' before the word ``halt'' within the Market Order Spread 
Protection rule text will bring conformity to Rule 1090. The Exchange's 
proposal to add definitions to Rule 1000(b) will bring greater clarity 
to the Anti-Internalization functionality and to the Rulebook. The 
Exchange's proposal to amend Rule 1090 to clarify its identification 
requirements for Clerks will also provide more clarity to that rule.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
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    The Exchange's proposal to memorialize the ability of the Exchange 
to establish different Market Order Spread Protection thresholds per 
options series or class will also bring greater clarity to the rule. 
Today, the Exchange has this ability, it is simply adding that text to 
the rule.
    Finally, the Exchange's proposal to amend the title of Rule 
1099(c)(2) from ``Automated Removal of Quotes'' to ``Quotation 
Adjustments'' should better describe the rule and conform the title to 
other Nasdaq affiliate markets.
    The proposals noted herein are consistent with the Act because they 
provide more detail and transparency to the Exchange's rules noted 
herein to the benefit of market participants.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition not necessary or appropriate in 
furtherance of the purposes of the Act. The Exchange believes that the 
proposed amendments do not impose an undue burden on competition 
because the definitions and amendments to conform the rule text will 
provide greater clarity as to the meaning of those terms. Memorializing 
the ability of the Exchange to establish different Market Order Spread 
Protection thresholds per options series or class will also bring 
greater clarity to the rule. Finally, the Exchange's proposal to amend 
the title of Rule 1099(c)(2) from ``Automated Removal of Quotes'' to 
``Quotation Adjustments'' is non-substantive.

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) of the Act \8\ and Rule 19b-
4(f)(6) thereunder.\9\
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    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) 
requires a self-regulatory organization to give the Commission 
written notice of its intent to file the proposed rule change, along 
with a brief description and text of the proposed rule change, at 
least five business days prior to the date of filing of the proposed 
rule change, or such shorter time as designated by the Commission. 
The Exchange has satisfied this requirement.
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    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the 
Act \10\ normally does not become operative for 30 days after the date 
of its filing. However, Rule 19b-4(f)(6)(iii) \11\ permits the 
Commission to designate a shorter time if such action is consistent 
with the protection of investors and the public interest. The Exchange 
has requested that the Commission waive the 30-day operative delay so 
that the proposed rule change may become operative upon filing. The 
Exchange believes that waiver of the operative delay would allow the 
Exchange to immediately update its rules to bring greater clarity and 
transparency to the Anti-Internalization functionality, identification 
requirements for Clerks, and the Exchange's risk protections. 
Therefore, the Commission believes that waiver of the 30-day operative 
delay is consistent with the protection of investors and the public 
interest. Accordingly, the Commission hereby waives the operative delay 
and designates the proposed rule change operative upon filing.\12\
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    \10\ 17 CFR 240.19b-4(f)(6).
    \11\ 17 CFR 240.19b-4(f)(6)(iii).
    \12\ For purposes only of waiving the 30-day operative delay, 
the Commission also has considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
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    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 change should be approved or 
disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-Phlx-2018-71 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities 
and Exchange

[[Page 60514]]

Commission, 100 F Street NE, Washington, DC 20549-1090.

All submissions should refer to File Number SR-Phlx-2018-71. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's internet website (http://www.sec.gov/rules/sro.shtml). 
Copies of the submission, all subsequent amendments, all written 
statements with respect to the proposed rule change that are filed with 
the Commission, and all written communications relating to the proposed 
rule change between the Commission and any person, other than those 
that may be withheld from the public in accordance with the provisions 
of 5 U.S.C. 552, will be available for website viewing and printing in 
the Commission's Public Reference Room, 100 F Street NE, Washington, DC 
20549 on official business days between the hours of 10:00 a.m. and 
3:00 p.m. Copies of the filing also will be available for inspection 
and copying at the principal office of the Exchange. All comments 
received will be posted without change. Persons submitting comments are 
cautioned that we do not redact or edit personal identifying 
information from comment submissions. You should submit only 
information that you wish to make available publicly. All submissions 
should refer to File Number SR-Phlx-2018-71, and should be submitted on 
or before December 17, 2018.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-25597 Filed 11-23-18; 8:45 am]
 BILLING CODE 8011-01-P



     60512                      Federal Register / Vol. 83, No. 227 / Monday, November 26, 2018 / Notices

     business days between the hours of                      and at the Commission’s Public                        than $1.65 would be rejected. Similarly,
     10:00 a.m. and 3:00 p.m. Copies of the                  Reference Room.                                       if the Reference BBO on the bid side is
     filing also will be available for                                                                             $1.10, an order to sell options for less
                                                             II. Self-Regulatory Organization’s
     inspection and copying at the principal                                                                       than $0.55 will be rejected.’’ The
                                                             Statement of the Purpose of, and
     office of the Exchange. All comments                                                                          Exchange also proposes to remove the
                                                             Statutory Basis for, the Proposed Rule                example within Rule 1099(a)(1)(B)(ii)
     received will be posted without change.
     Persons submitting comments are                         Change                                                which states, ‘‘For example, if the
     cautioned that we do not redact or edit                    In its filing with the Commission, the             Reference BBO on the offer side is
     personal identifying information from                   Exchange included statements                          $1.00, an order to buy options for more
     comment submissions. You should                         concerning the purpose of and basis for               than $2.00 would be rejected. However,
     submit only information that you wish                   the proposed rule change and discussed                if the Reference BBO of the bid side of
     to make available publicly. All                         any comments it received on the                       an incoming order to sell is less than or
     submissions should refer to File                        proposed rule change. The text of these               equal to $1.00, the OPP limits set forth
     Number SR–NASDAQ–2018–089 and                           statements may be examined at the                     above will result in all incoming sell
     should be submitted on or before                        places specified in Item IV below. The                orders being accepted regardless of their
     December 17, 2018.                                      Exchange has prepared summaries, set                  limit. To illustrate, if the Reference BBO
       For the Commission, by the Division of                forth in sections A, B, and C below, of               on the bid side is equal to $1.00, the
     Trading and Markets, pursuant to delegated              the most significant aspects of such                  OPP limits provide protection such that
     authority.14                                            statements.                                           all orders to sell with a limit less than
     Eduardo A. Aleman,                                                                                            $0.00 would be rejected.’’ The Exchange
                                                             A. Self-Regulatory Organization’s
     Assistant Secretary.                                                                                          notes that while the examples remain
                                                             Statement of the Purpose of, and
     [FR Doc. 2018–25599 Filed 11–23–18; 8:45 am]
                                                                                                                   accurate, the Exchange proposes to
                                                             Statutory Basis for, the Proposed Rule
                                                                                                                   remove the text to conform the rule text
     BILLING CODE 8011–01–P                                  Change                                                to other risk protections. The Exchange
                                                             1. Purpose                                            does not believe it is necessary to have
     SECURITIES AND EXCHANGE                                    The purpose of this rule change is to              these examples within the rule text.
     COMMISSION                                              adopt certain definitions within Rule                 Market Order Spread Protection
     [Release No. 34–84620; File No. SR–Phlx–                1000(b), amend Rule 1090, titled                        The Exchange proposes to add
     2018–71]                                                ‘‘Clerks’’ and amend Rule 1099, titled,               language to the Market Order Spread
                                                             ‘‘Risk Protections.’’ Each change is                  Protection Rule in 1099(a)(2). First, Phlx
     Self-Regulatory Organizations; Nasdaq                   described in more detail below.                       proposes to add the word ‘‘trading’’
     PHLX LLC; Notice of Filing and                                                                                before the word ‘‘halt’’ within Rule in
                                                             Definitions
     Immediate Effectiveness of Proposed                                                                           1099(a)(2) for consistency. In the OPP
     Rule Change To Add Definitions to                         The Exchange proposes to amend
                                                                                                                   rule, text halts are referred to as ‘‘trading
     Rule 1000 and Amend Risk Protections                    Rule 1000(b) to add three new
                                                                                                                   halts.’’ This will avoid confusion as to
                                                             definitions into its Rulebook. These
     November 19, 2018.                                                                                            the use of this term. Second, at the time
                                                             definitions are utilized in technical
        Pursuant to Section 19(b)(1) of the                                                                        Phlx filed to amend Market Order
                                                             documents issued by the Exchange and
     Securities Exchange Act of 1934                                                                               Spread Protection on Phlx, it noted in
                                                             will provide an ease of reference for
     (‘‘Act’’),1 and Rule 19b–4 thereunder,2                                                                       that rule change that this mandatory risk
                                                             understanding these terms. Specifically,
     notice is hereby given that on November                                                                       protection protects Market Orders 3 from
                                                             Rule 1000(b)(51) would define an
     6, 2018, Nasdaq PHLX LLC (‘‘Phlx’’ or                                                                         being executed in very wide markets.4
                                                             account number as a number assigned to                Specifically, it noted within footnote 11
     ‘‘Exchange’’) filed with the Securities                 a member organization. Member
     and Exchange Commission (‘‘SEC’’ or                                                                           that the Exchange may establish
                                                             organizations may have more than one                  differences other than the referenced
     ‘‘Commission’’) the proposed rule                       account number. Rule 1000(b)(52)
     change as described in Items I and II                                                                         threshold for one or more series or
                                                             would define a badge as an account                    classes of options.5 At this time, the
     below, which Items have been prepared                   number, which may contain letters and/
     by the Exchange. The Commission is                                                                            Exchange proposes to memorialize this
                                                             or numbers, assigned to Specialists and               capability within Rule 1099(a)(2) by
     publishing this notice to solicit                       Registered Options Traders. A Specialist
     comments on the proposed rule change                                                                          stating, ‘‘The Exchange may establish
                                                             or Registered Options Trader account                  different thresholds for one or more
     from interested persons.                                may be associated with multiple badges.               series or classes of options.’’ The
     I. Self-Regulatory Organization’s                       Finally, Rule 1000(b)(53) would define                Exchange believes that adding this
     Statement of the Terms of Substance of                  a mnemonic as an acronym comprised                    provision to the rule will provide an
     the Proposed Rule Change                                of letters and/or numbers assigned to                 easy reference as to the Exchange’s
                                                             member organizations. A member                        capability to establish different
        The Exchange proposes to add                         organization account may be associated
     definitions to Rule 1000, titled                                                                              thresholds per options series or class.
                                                             with multiple mnemonics.
     ‘‘Applicability, Definitions and                                                                              Anti-Internalization
     References,’’ amend Rule 1090, titled                   Risk Protections
                                                                                                                     The Exchange proposes to replace the
     ‘‘Clerks’’ and amend Rule 1099, titled,                 Order Price Protection                                word ‘‘Exchange badge’’ with ‘‘market
     ‘‘Risk Protections.’’
        The text of the proposed rule change                   The Exchange proposes to amend                      participant identifier’’ to more
     is available on the Exchange’s website at               Rule 1099(a)(1) relating to the Order                 specifically describe this functionality.
     http://nasdaqphlx.cchwallstreet.com/,                   Price Protection or ‘‘OPP.’’ The
                                                                                                                      3 Market Orders are orders to buy or sell at the
     at the principal office of the Exchange,                Exchange proposes to remove the
                                                                                                                   best price available at the time of execution.
                                                             example within Rule 1099(a)(1)(B)(i)                     4 Securities Exchange Act Release No. 83141 (May
       14 17 CFR 200.30–3(a)(12).                            which states, ’’ For example, if the                  1, 2018), 83 FR 20123 (May 7, 2018) (SR–Phlx–
       1 15 U.S.C. 78s(b)(1).                                Reference BBO on the offer side is                    2018–32).
       2 17 CFR 240.19b–4.                                   $1.10, an order to buy options for more                  5 Id.




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                                   Federal Register / Vol. 83, No. 227 / Monday, November 26, 2018 / Notices                                                         60513

     Also the Exchange is adding ‘‘. . .                        Exchange has this ability, it is simply                   Act 10 normally does not become
     quotes and orders entered on the                           adding that text to the rule.                             operative for 30 days after the date of its
     opposite side of the market by the same                       Finally, the Exchange’s proposal to                    filing. However, Rule 19b–4(f)(6)(iii) 11
     Specialist or Registered Options Trader                    amend the title of Rule 1099(c)(2) from                   permits the Commission to designate a
     using the same identifier’’ and is again                   ‘‘Automated Removal of Quotes’’ to                        shorter time if such action is consistent
     replacing ‘‘badge’’ with ‘‘identifier.’’                   ‘‘Quotation Adjustments’’ should better                   with the protection of investors and the
     The Exchange is identifying Specialists                    describe the rule and conform the title                   public interest. The Exchange has
     and Registered Options Traders in the                      to other Nasdaq affiliate markets.                        requested that the Commission waive
     System and preventing quotes and                              The proposals noted herein are                         the 30-day operative delay so that the
     orders from the same Specialists or                        consistent with the Act because they                      proposed rule change may become
     Registered Options Traders from                            provide more detail and transparency to                   operative upon filing. The Exchange
     executing. Finally the Exchange                            the Exchange’s rules noted herein to the                  believes that waiver of the operative
     proposes to add the word ‘‘order’’ after                   benefit of market participants.                           delay would allow the Exchange to
     complex in the last sentence of the Anti-                  B. Self-Regulatory Organization’s                         immediately update its rules to bring
     Internalization paragraph for clarity.                     Statement on Burden on Competition                        greater clarity and transparency to the
                                                                                                                          Anti-Internalization functionality,
     Clerks                                                       The Exchange does not believe that
                                                                                                                          identification requirements for Clerks,
                                                                the proposed rule change will impose
        In order to avoid any confusion                                                                                   and the Exchange’s risk protections.
                                                                any burden on competition not
     because the Exchange defined the term                                                                                Therefore, the Commission believes that
                                                                necessary or appropriate in furtherance
     ‘‘badge,’’ the Exchange proposes to                                                                                  waiver of the 30-day operative delay is
                                                                of the purposes of the Act. The
     amend Rule 1090, which applies to                                                                                    consistent with the protection of
                                                                Exchange believes that the proposed
     Clerks on the Exchange’s trading floor.                                                                              investors and the public interest.
                                                                amendments do not impose an undue
     This use of the word badge was meant                                                                                 Accordingly, the Commission hereby
                                                                burden on competition because the
     to indicate a physical identifier that is                  definitions and amendments to conform                     waives the operative delay and
     worn on the trading floor to identify                      the rule text will provide greater clarity                designates the proposed rule change
     members. Therefore, the Exchange is                        as to the meaning of those terms.                         operative upon filing.12
     replacing the term ‘‘badge’’ with                          Memorializing the ability of the                             At any time within 60 days of the
     ‘‘identification’’ in Rule 1090.                           Exchange to establish different Market                    filing of the proposed rule change, the
     Automated Removal of Quotes                                Order Spread Protection thresholds per                    Commission summarily may
                                                                options series or class will also bring                   temporarily suspend such rule change if
        Finally, the Exchange proposes to                       greater clarity to the rule. Finally, the                 it appears to the Commission that such
     amend the title of Rule 1099(c)(2) from                    Exchange’s proposal to amend the title                    action is necessary or appropriate in the
     ‘‘Automated Removal of Quotes’’ to                         of Rule 1099(c)(2) from ‘‘Automated                       public interest, for the protection of
     ‘‘Quotation Adjustments’’ to conform                       Removal of Quotes’’ to ‘‘Quotation                        investors, or otherwise in furtherance of
     the title across Nasdaq markets.                           Adjustments’’ is non-substantive.                         the purposes of the Act. If the
                                                                                                                          Commission takes such action, the
     2. Statutory Basis                                         C. Self-Regulatory Organization’s                         Commission shall institute proceedings
        The Exchange believes that its                          Statement on Comments on the                              to determine whether the proposed rule
     proposal is consistent with Section 6(b)                   Proposed Rule Change Received From                        change should be approved or
     of the Act,6 in general, and furthers the                  Members, Participants, or Others                          disapproved.
     objectives of Section 6(b)(5) of the Act,7                   No written comments were either                         IV. Solicitation of Comments
     in particular, in that it is designed to                   solicited or received.
     promote just and equitable principles of                                                                               Interested persons are invited to
     trade and to protect investors and the                     III. Date of Effectiveness of the                         submit written data, views, and
     public interest by bringing greater                        Proposed Rule Change and Timing for                       arguments concerning the foregoing,
     transparency to its rules. Amendments                      Commission Action                                         including whether the proposed rule
     to remove examples from the OPP rule                          Because the foregoing proposed rule                    change is consistent with the Act.
     text and add ‘‘trading’’ before the word                   change does not: (i) Significantly affect                 Comments may be submitted by any of
     ‘‘halt’’ within the Market Order Spread                    the protection of investors or the public                 the following methods:
     Protection rule text will bring                            interest; (ii) impose any significant
                                                                                                                          Electronic Comments
     conformity to Rule 1090. The                               burden on competition; and (iii) become
     Exchange’s proposal to add definitions                     operative for 30 days from the date on                      • Use the Commission’s internet
     to Rule 1000(b) will bring greater clarity                 which it was filed, or such shorter time                  comment form (http://www.sec.gov/
     to the Anti-Internalization functionality                  as the Commission may designate, it has                   rules/sro.shtml); or
     and to the Rulebook. The Exchange’s                        become effective pursuant to Section                        • Send an email to rule-comments@
     proposal to amend Rule 1090 to clarify                     19(b)(3)(A) of the Act 8 and Rule 19b–                    sec.gov. Please include File Number SR-
     its identification requirements for Clerks                 4(f)(6) thereunder.9                                      Phlx-2018–71 on the subject line.
     will also provide more clarity to that                        A proposed rule change filed
                                                                pursuant to Rule 19b–4(f)(6) under the                    Paper Comments
     rule.
        The Exchange’s proposal to                                                                                          • Send paper comments in triplicate
                                                                  8 15  U.S.C. 78s(b)(3)(A).
     memorialize the ability of the Exchange                                                                              to Secretary, Securities and Exchange
                                                                   9 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–
     to establish different Market Order                        4(f)(6)(iii) requires a self-regulatory organization to
     Spread Protection thresholds per                           give the Commission written notice of its intent to
                                                                                                                            10 17  CFR 240.19b–4(f)(6).
     options series or class will also bring                    file the proposed rule change, along with a brief           11 17  CFR 240.19b–4(f)(6)(iii).
     greater clarity to the rule. Today, the                    description and text of the proposed rule change,            12 For purposes only of waiving the 30-day

                                                                at least five business days prior to the date of filing   operative delay, the Commission also has
                                                                of the proposed rule change, or such shorter time         considered the proposed rule’s impact on
       6 15   U.S.C. 78f(b).                                    as designated by the Commission. The Exchange             efficiency, competition, and capital formation. See
       7 15   U.S.C. 78f(b)(5).                                 has satisfied this requirement.                           15 U.S.C. 78c(f).



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     60514                        Federal Register / Vol. 83, No. 227 / Monday, November 26, 2018 / Notices

     Commission, 100 F Street NE,                              (‘‘Act’’),1 and Rule 19b–4 thereunder,2                 Midpoint Trade Now will be an Order
     Washington, DC 20549–1090.                                notice is hereby given that on November                 Attribute 4 that allows a resting Order
     All submissions should refer to File                      9, 2018, The Nasdaq Stock Market LLC                    that becomes locked at its non-
     Number SR–Phlx–2018–71. This file                         (‘‘Nasdaq’’ or ‘‘Exchange’’) filed with the             displayed price by an incoming
     number should be included on the                          Securities and Exchange Commission                      Midpoint Peg Post-Only Order 5 to
     subject line if email is used. To help the                (‘‘Commission’’) the proposed rule                      automatically execute against that
     Commission process and review your                        change as described in Items I and II                   Midpoint Peg Post-Only Order as a
     comments more efficiently, please use                     below, which Items have been prepared                   liquidity taker. Any remaining shares of
     only one method. The Commission will                      by the Exchange. The Commission is                      the resting Order will remain posted on
     post all comments on the Commission’s                     publishing this notice to solicit                       the Nasdaq Book with the same priority.
     internet website (http://www.sec.gov/                     comments on the proposed rule change                    The Midpoint Trade Now Order
     rules/sro.shtml). Copies of the                           from interested persons.                                Attribute may be enabled on a port level
     submission, all subsequent                                                                                        basis for all Order Types that support it
                                                               I. Self-Regulatory Organization’s
     amendments, all written statements                                                                                and, for the Non-Displayed Order Type,
                                                               Statement of the Terms of Substance of
     with respect to the proposed rule                                                                                 also on an order-by-order basis.
                                                               the Proposed Rule Change
     change that are filed with the                                                                                    Midpoint Trade Now will be available
                                                                  The Exchange proposes to amend                       for all Order entry protocols except for
     Commission, and all written
                                                               Rule 4702 (Order Types) and Rule 4703                   QIX.6
     communications relating to the
                                                               (Order Attributes) to introduce a new                      The Exchange is proposing to offer the
     proposed rule change between the
                                                               Midpoint Trade Now functionality.                       Midpoint Trade Now instruction for all
     Commission and any person, other than                        The text of the proposed rule change
     those that may be withheld from the                                                                               Orders that have the Non-Displayed
                                                               is available on the Exchange’s website at               Order Attribute 7 and are not otherwise
     public in accordance with the                             http://nasdaq.cchwallstreet.com, at the
     provisions of 5 U.S.C. 552, will be                                                                               subject to restrictions on execution.
                                                               principal office of the Exchange, and at                Accordingly, the Midpoint Trade Now
     available for website viewing and                         the Commission’s Public Reference
     printing in the Commission’s Public                                                                               instruction shall not be available for
                                                               Room.                                                   Price to Display Orders (Rule
     Reference Room, 100 F Street NE,
                                                               II. Self-Regulatory Organization’s                      4702(b)(2)), Market Maker Peg Orders
     Washington, DC 20549 on official
                                                               Statement of the Purpose of, and                        (Rule 4702(b)(7)), Supplemental Orders
     business days between the hours of
                                                               Statutory Basis for, the Proposed Rule                  (Rule 4702(b)(6)), Market On Open
     10:00 a.m. and 3:00 p.m. Copies of the
                                                               Change                                                  Orders (Rule 4702(b)(8)), Limit On Open
     filing also will be available for
                                                                                                                       Orders (Rule 4702(b)(9)), Opening
     inspection and copying at the principal                      In its filing with the Commission, the               Imbalance Only Orders (Rule
     office of the Exchange. All comments                      Exchange included statements                            4702(b)(10)), Market On Close Orders
     received will be posted without change.                   concerning the purpose of and basis for                 (Rule 4702(b)(11)), Limit on Close
     Persons submitting comments are                           the proposed rule change and discussed                  Orders (Rule 4702(b)(12)), Imbalance
     cautioned that we do not redact or edit                   any comments it received on the                         Only Orders (Rule 4702(b)(13)), and
     personal identifying information from                     proposed rule change. The text of these                 Midpoint Extended Life Orders (Rule
     comment submissions. You should                           statements may be examined at the                       4702(b)(14)). These order types are
     submit only information that you wish                     places specified in Item IV below. The                  either: (a) Ancapable of having a non-
     to make available publicly. All                           Exchange has prepared summaries, set                    displayed price, hence the use of the
     submissions should refer to File                          forth in sections A, B, and C below, of                 Midpoint Trade Now instruction is not
     Number SR–Phlx–2018–71, and should                        the most significant aspects of such                    applicable, or b) subject to other Nasdaq
     be submitted on or before December 17,                    statements.                                             rules regarding the display and
     2018.
                                                               A. Self-Regulatory Organization’s                       execution of those orders, thus the use
       For the Commission, by the Division of                  Statement of the Purpose of, and                        of the Midpoint Trade Now instruction
     Trading and Markets, pursuant to delegated                Statutory Basis for, the Proposed Rule                  would be inconsistent with those other
     authority.13                                                                                                      Nasdaq rules.8 The Midpoint Trade-
                                                               Change
     Eduardo A. Aleman,
     Assistant Secretary.                                      1. Purpose                                              Order Attributes may be assigned to a single Order;
     [FR Doc. 2018–25597 Filed 11–23–18; 8:45 am]                 The Exchange proposes to amend                       provided, however, that if the use of multiple Order
                                                                                                                       Attributes would provide contradictory instructions
     BILLING CODE 8011–01–P                                    Rule 4702 (Order Types) and Rule 4703                   to an Order, the System will reject the Order or
                                                               (Order Attributes) to introduce a new                   remove non-conforming Order Attributes. See Rule
                                                               Midpoint Trade Now functionality.3                      4701(e).
     SECURITIES AND EXCHANGE                                                                                             4 Id.
                                                                                                                         5 A Midpoint Peg Post-Only Order is an Order
     COMMISSION                                                  1 15  U.S.C. 78s(b)(1).
                                                                 2 17  CFR 240.19b–4.                                  Type with a Non-Display Order Attribute that is
     [Release No. 34–84621; File No. SR–                          3 The term ‘‘Order’’ means an instruction to trade   priced at the midpoint between the NBBO and that
     NASDAQ–2018–090]                                          a specified number of shares in a specified System      will execute upon entry only in circumstances
                                                               Security submitted to the Nasdaq Market Center by       where economically beneficial to the party entering
     Self-Regulatory Organizations; The                        a Participant. An ‘‘Order Type’’ is a standardized      the Order. See Rule 4702(b)(5).
                                                                                                                         6 Nasdaq notes that, although the QIX protocol
     Nasdaq Stock Market LLC; Notice of                        set of instructions associated with an Order that
                                                               define how it will behave with respect to pricing,      can support the removing of liquidity, QIX is
     Filing and Immediate Effectiveness of                     execution, and/or posting to the Nasdaq Book when       designed to provide two-sided quote messages to
     Proposed Rule Change To Introduce a                       submitted to Nasdaq. An ‘‘Order Attribute’’ is a        the trading system, unlike the OUCH, RASH, FLITE
     New Midpoint Trade Now Functionality                      further set of variable instructions that may be        and FIX protocols, which are designed to facilitate
                                                               associated with an Order to further define how it       Order submission. See Item II.B. discussion, infra.
                                                                                                                         7 There is both a Non-Display Order Attribute
     November 19, 2018.                                        will behave with respect to pricing, execution, and/
                                                               or posting to the Nasdaq Book when submitted to         (Rule 4703(k)) and a Non-Display Order (Rule
       Pursuant to Section 19(b)(1) of the                                                                             4702(b)(3)).
                                                               Nasdaq. The available Order Types and Order
     Securities Exchange Act of 1934                           Attributes, and the Order Attributes that may be          8 For example, a Supplemental Order is an order

                                                               associated with particular Order Types, are             type with a Non-Display Order attribute that is held
       13 17   CFR 200.30–3(a)(12).                            described in Rules 4702 and 4703. One or more           on the Nasdaq Book in order to provide liquidity



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Document Created: 2018-11-24 00:52:04
Document Modified: 2018-11-24 00:52:04
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 60512 

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