Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Options 3, Section 7 Related to Order Types and Times-in-Force Provisions, 12626-12629 [2020-04287]
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12626
Federal Register / Vol. 85, No. 42 / Tuesday, March 3, 2020 / Notices
proposed percentage of industry volume
tier requirements are no more stringent
than the current ADV requirements,
with the exception of the Tier 4 Priority
Customer maker. With this proposal,
Tier 4 Priority Customers will be
required to submit a greater amount of
order flow to qualify for the current Tier
4. Priority Customer orders bring
valuable liquidity to the market which
liquidity benefits other market
participants. As to the remainder of the
proposed tiers, the Exchange does not
anticipate any impact to market
participants as a result of replacing the
ADV thresholds with total industry
percentage thresholds. Finally, the
maker/taker fees will remain the same
for all Member orders 16 regardless of
the tier achieved. For the foregoing
reasons, the Exchange does not believe
that its proposal will have an undue
burden on intramarket competition.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were either
solicited or received.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become
effective pursuant to Section
19(b)(3)(A)(ii) of the Act,17 and Rule
19b–4(f)(2) 18 thereunder. At any time
within 60 days of the filing of the
proposed rule change, the Commission
summarily may temporarily suspend
such rule change if it appears to the
Commission that such action is: (i)
Necessary or appropriate in the public
interest; (ii) for the protection of
investors; or (iii) otherwise in
furtherance of the purposes of the Act.
If the Commission takes such action, the
Commission shall institute proceedings
to determine whether the proposed rule
should be approved or disapproved.
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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:
16 The Exchange is not proposing to amend any
GEMX maker or taker fees within Options 7,
Section 3 for Penny and Non-Penny Symbols.
17 15 U.S.C. 78s(b)(3)(A)(ii).
18 17 CFR 240.19b–4(f)(2).
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Electronic Comments
• Use the Commission’s internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
GEMX–2020–04 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–GEMX–2020–04. 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 (https://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–GEMX–2020–04 and
should be submitted on or before March
24, 2020.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.19
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020–04291 Filed 3–2–20; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–88286; File No. SR–Phlx–
2020–05]
Self-Regulatory Organizations; Nasdaq
PHLX LLC; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change To Amend Options 3,
Section 7 Related to Order Types and
Times-in-Force Provisions
February 26, 2020.
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 February
14, 2020, 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.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend
Options 3, Section 7, ‘‘Electronic
Acceptance of Quotes and Orders’’ and
Options 8, Section 32, ‘‘Certain Types of
Floor-Based (Non-System) Orders
Defined,’’ to permit the Exchange to
determine the availability of order types
and time-in-force provisions.
The text of the proposed rule change
is available on the Exchange’s website at
https://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.
1 15
19 17
PO 00000
CFR 200.30–3(a)(12).
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2 17
U.S.C. 78s(b)(1).
CFR 240.19b–4.
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Federal Register / Vol. 85, No. 42 / Tuesday, March 3, 2020 / Notices
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
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1. Purpose
The Exchange proposes to amend
Options 3, Section 7, ‘‘Electronic
Acceptance of Quotes and Orders’’ and
Options 8, Section 32, ‘‘Certain Types of
Floor-Based (Non-System) Orders
Defined,’’ to provide that the Exchange
may determine which order types and
times-in-force provisions are available
on a class or system basis. This
proposed change is based on the rules
of Cboe BZX Exchange, Inc. (‘‘BZX
Options’’),3 Rule 21.1, Cboe EDGX
Exchange, Inc. (‘‘EDGX Options’’) Rule
21.1,4 Cboe Exchange, Inc. (‘‘Cboe’’)
Rule 5.6 5 and Cboe C2 Exchange, Inc.
(‘‘C2’’) Rule 6.10(a).6 The Exchange
proposes to also amend the title of
Options 3, Section 7 from ‘‘Electronic
Acceptance of Quotes and Orders’’ to
‘‘Types of Orders and Order and Quote
Protocols’’ and the title of Options 8,
Section 32 from ‘‘Certain Types of
3 BZX Options Rule 21.1(d), Definitions, provides
‘‘The term ‘‘Order Type’’ shall mean the unique
processing prescribed for designated orders, subject
to the restrictions set forth in paragraph (l) below
with respect to orders and bulk messages submitted
through bulk ports, that are eligible for entry into
the System. Unless otherwise specified in the Rules
or the context indicates otherwise, the Exchange
determines which of the following Order Types are
available on a class or system basis.’’
BZX Options Rule 21.1(f), Definitions, provides
‘‘The term ‘‘Time in Force’’ means the period of
time that the System will hold an order, subject to
the restrictions set forth in paragraph (j) below with
respect to bulk messages submitted through bulk
ports, for potential execution. Unless otherwise
specified in the Rules or the context indicates
otherwise, the Exchange determines which of the
following Times-in-Force are available on a class,
system, or trading session basis. Rule 21.20 sets
forth the Times-in-Force the Exchange may make
available for complex orders.’’
4 EDGX Options Rule 21.1, Definitions, provides,
‘‘The term ‘‘Order Type’’ shall mean the unique
processing prescribed for designated orders, subject
to the restrictions set forth in paragraph (j) below
with respect to orders and bulk messages submitted
through bulk ports, that are eligible for entry into
the System. Unless otherwise specified in the Rules
or the context indicates otherwise, the Exchange
determines which of the following Order Types are
available on a class, system, or trading session
basis. Rule 21.20 sets forth the Order Types the
Exchange may make available for complex orders.’’
5 Cboe Rule 5.6, Availability of Orders, provides,
‘‘Unless otherwise specified in the Rules or the
context indicates otherwise, the Exchange
determines which of the following order types are
available on a class-by-class and system-by-system
basis.’’
6 C2 Rule 6.10(a), Availability of Orders, provides,
‘‘Availability. Unless otherwise specified in the
Rules or the context indicates otherwise, the
Exchange determines which of the following order
types, Order Instructions, and Times-in-Force are
available on a class, system, or trading session
basis. Rule 6.13 sets forth the order types, Order
Instructions, and Times-in-Force the Exchange may
make available for complex orders.’’
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Floor-Based (Non-System) Orders
Defined,’’ to ‘‘Types of Floor-Based
(Non-System) Orders’’ to reflect the
information in these rules.
The Exchange proposes to add rule
text at the beginning of Options 3,
Section 7 and Options 8, Section 32
which states, ‘‘The Exchange may
determine to make certain order types
and time-in-force, respectively,
available on a class or System basis.’’
The purpose of this rule change is to
provide the Exchange with appropriate
flexibility to address different trading
characteristics, market models, and the
investor base of each class, as well as to
handle any System issues that may arise
and require the Exchange to temporarily
not accept certain order types. This rule
is consistent with BZX Options Rule
21.1, EDGX Options Rules 21.1(d) and
21.1(f), Cboe Rule 5.6 and C2 Rule
6.10(a), each of which provides these
exchanges with the same flexibility. The
Exchange intends to file rule changes to
adopt this rule across all Nasdaq
affiliated markets.
This rule change will not permit the
Exchange to discriminate among market
participants when determining which
order types and times-in-force
provisions are available on a class or
system basis. The Exchange’s proposal
allows the Exchange to make certain
order types and time-in-force,
respectively, available on a class or
System basis uniformly for all market
participants. For example, if the
Exchange determined to make a certain
order type unavailable, that order type
would not be available for any market
participant.
The Exchange would issue an Options
Trader Alert to provide notification to
Participants that a change is being made
to the availability or unavailability of a
certain order type or time-in-force. The
Exchange notes that in the event of
System disruption, the Exchange would
notify Participants of the unavailability
of any order type and would also
provide notification when that order
type was available once the disruption
was resolved.
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
Section 6(b) of the Act,7 in general, and
furthers the objectives of Section 6(b)(5)
of the Act,8 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
U.S.C. 78f(b).
8 15 U.S.C. 78f(b)(5).
Frm 00134
Fmt 4703
general to protect investors and the
public interest. The proposed rule
change would provide the Exchange
with the flexibility to determine the
availability of order types and times-inforce on a class and System basis. This
flexibility would remove impediments
to and perfect the mechanism of a free
and open market and a national market
system by allowing the Exchange to
address the specific characteristics of
different classes and different market
conditions. The Exchange believes that
this proposal serves to protect investors
by ensuring that the appropriate order
types and times-in-force are tailored to
the different class characteristics and by
mitigating risks associated with
changing market conditions.9 The
Exchange would issue a notification to
Participants to provide them notice that
a change is being made to the
availability or unavailability of a certain
order type or time-in-force before
implementing the change. In the event
of a System issue, the Exchange believes
that it is consistent with the Act to
temporarily not offer a certain order
type to ensure the proper executions of
transactions within the System thereby
protecting investors and the public
interest. The Exchange anticipates that
exercising its ability to temporarily not
offer order types would be infrequent.
Adding this provision on all Nasdaq
affiliated markets will ensure
consistency between the Exchange rules
and that of its affiliates and would
remove impediments to and perfect the
mechanism of a free and open market
and promote just and equitable
principles of trade, as well as foster
cooperation and coordination with
persons engaged in facilitating
transactions in securities. The proposed
rule change provides the Exchange with
the same flexibility currently permitted
on BZX Options, EDGX Options, Cboe
and C2. The Exchange believes that this
consistency promotes market
participants’ understanding of the rules
across the multiple affiliated exchanges
and promotes a fair and orderly national
options market system. The Exchange
also notes that the proposed change is
reasonable and does not affect investor
protection because the proposed change
does not present any novel or unique
issues, as it has previously been filed
with the Commission.
The Exchange’s proposal is not
unfairly discriminatory because the
Exchange will not discriminate among
market participants when determining
which order types and times-in-force
9 The Exchange may also determine to
temporarily not offer an order type or a time-inforce based on a System issue.
7 15
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Federal Register / Vol. 85, No. 42 / Tuesday, March 3, 2020 / Notices
provisions are available on a class or
system basis. The Exchange’s proposal
allows the Exchange to make certain
order types and time-in-force,
respectively, available on a class or
System basis uniformly for all market
participants. For example, if the
Exchange determined to make a certain
order type unavailable, that order type
would not be available for any market
participant.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will impose
any burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act. The
Exchange does not believe the proposed
rule change will impose any burden on
intra-market competition, as the
proposed rule change will apply in the
same manner to all order types and/or
times-in-force, as the Exchange
determines, for all Participants. The
Exchange does not believe the proposed
rule change will impose any burden on
inter-market competition because the
proposed change provides the Exchange
with substantially the same flexibility as
the rules of other exchanges.10
Therefore, the Exchange believes that
the proposed rule change will allow it
to make determinations regarding the
availability of orders that will enable it
to remain competitive as markets and
market conditions evolve.
The Exchange’s proposal does not
impose an undue burden on
competition because the Exchange’s
proposal will uniformly make certain
order types and time-in-force,
respectively, available on a class or
System basis for market participants.
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C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were either
solicited or received.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The Exchange has filed the proposed
rule change pursuant to Section
19(b)(3)(A)(iii) of the Act 11 and Rule
19b–4(f)(6) thereunder.12 Because the
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
10 See
notes 4–6 above.
U.S.C. 78s(b)(3)(A)(iii).
12 17 CFR 240.19b–4(f)(6).
11 15
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for 30 days from the date on which it
was filed, or such shorter time as the
Commission may designate, if
consistent with the protection of
investors and the public interest, the
proposed rule change has become
effective pursuant to Section 19(b)(3)(A)
of the Act 13 and Rule 19b–4(f)(6)
thereunder.14
A proposed rule change filed under
Rule 19b–4(f)(6)15 normally does not
become operative prior to 30 days after
the date of the filing. However, pursuant
to Rule 19b–4(f)(6)(iii),16 the
Commission may designate a shorter
time if such action is consistent with the
protection of investors and the public
interest. The Exchange has asked the
Commission to waive the 30-day
operative delay so that the proposed
rule change may become operative
immediately. The Exchange notes that
waiver of the operative delay will allow
Phlx to exercise immediately the same
flexibility to make certain order types
available or unavailable as BZX
Options, EDGX Options, Cboe, and C2.
The Exchange states that this flexibility
would serve to protect investors and the
public interest by mitigating risks
associated with changing market
conditions. Based on the foregoing, the
Commission believes that waiving the
30-day operative delay is consistent
with the protection of investors and the
public interest, and the Commission
hereby waives the 30-day operative
delay and designates the proposal
operative upon filing.17
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.
13 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6). In addition, Rule 19b–
4(f)(6)(iii) requires the Exchange to give the
Commission written notice of the Exchange’s 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.
15 17 CFR 240.19b–4(f)(6).
16 17 CFR 240.19b–4(f)(6)(iii).
17 For purposes only of waiving the 30-day
operative delay, the Commission has considered the
proposed rule’s impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
14 17
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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 (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
Phlx–2020–05 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–Phlx–2020–05. 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 (https://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
offices 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–2020–05, and should
be submitted on or before March 24,
2020.
18 17
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CFR 200.30–3(a)(12).
03MRN1
Federal Register / Vol. 85, No. 42 / Tuesday, March 3, 2020 / Notices
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.18
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020–04287 Filed 3–2–20; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[SEC File No. 270–180, OMB Control No.
3235–0247]
Proposed Collection; Comment
Request
Upon Written Request, Copies Available
From: Securities and Exchange
Commission, Office of FOIA Services,
100 F Street NE, Washington, DC
20549–2736.
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Extension:
Form N–8B–4.
Notice is hereby given that, pursuant
to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.), the Securities
and Exchange Commission
(‘‘Commission’’) is soliciting comments
on the collection of information
summarized below. The Commission
plans to submit this existing collection
of information to the Office of
Management and Budget (‘‘OMB’’) for
extension and approval.
Form N–8B–4 (17 CFR 274.14) is the
form used by face-amount certificate
companies to comply with the filing and
disclosure requirements imposed by
Section 8(b) of the Investment Company
Act of 1940 (15 U.S.C. 80a–8(b)). Among
other items, Form N–8B–4 requires
disclosure of the following information
about the face-amount certificate
company: Date and form of
organization; controlling persons;
current business and contemplated
changes to the company’s business;
investment, borrowing, and lending
policies, as well as other fundamental
policies; securities issued by the
company; investment adviser;
depositaries; management personnel;
compensation paid to directors, officers,
and certain employees; and financial
statements. The Commission uses the
information provided in the collection
of information to determine compliance
with Section 8(b) of the Investment
Company Act of 1940.
Form N–8B–4 and the burden of
compliance have not changed since the
last approval. Each registrant files Form
N–8B–4 for its initial filing and does not
file post-effective amendments to Form
N–8B–4.1 Commission staff estimates
1 Pursuant to Section 30(b)(1) of the Act (15
U.S.C. 80a–29), each respondent keeps its
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that no respondents will file Form N–
8B–4 each year. There is currently only
one existing face-amount certificate
company, and no face-amount
certificate companies have filed a Form
N–8B–4 in many years. No new faceamount certificate companies have been
established since the last OMB
information collection approval for this
form, which occurred in 2017.
Accordingly, the staff estimates that,
each year, no face-amount certificate
companies will file Form N–8B–4, and
that the total burden for the information
collection is zero hours. Although
Commission staff estimates that there is
no hour burden associated with Form
N–8B–4, the staff is requesting a burden
of one hour for administrative purposes.
Estimates of the burden hours are made
solely for the purposes of the PRA and
are not derived from a comprehensive or
even a representative survey or study of
the costs of SEC rules and forms.
The information provided on Form
N–8B–4 is mandatory. The information
provided on Form N–8B–4 will not be
kept confidential. An agency may not
conduct or sponsor, and a person is not
required to respond to, a collection of
information unless it displays a
currently valid OMB control number.
Written comments are invited on: (a)
Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information will have practical utility;
(b) the accuracy of the agency’s estimate
of the burden of the collection of
information; (c) ways to enhance the
quality, utility, and clarity of the
information collected; and (d) ways to
minimize the burden of the collection of
information on respondents, including
through the use of automated collection
techniques or other forms of information
technology. Consideration will be given
to comments and suggestions submitted
in writing within 60 days of this
publication.
Please direct your written comments
to David Bottom, Director/Chief
Information Officer, Securities and
Exchange Commission, C/O Cynthia
Roscoe, 100 F Street NE, Washington,
DC 20549; or send an email to: PRA_
Mailbox@sec.gov.
registration statement current through the filing of
periodic reports as required by Section 13 of the
Securities Exchange Act of 1934 (15 U.S.C. 78m)
and the rules thereunder. Post-effective
amendments are filed with the Commission on the
face-amount certificate company’s Form S–1.
Hence, respondents only file Form N–8B–4 for their
initial registration statement and not for posteffective amendments.
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12629
Dated: February 27, 2020.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020–04348 Filed 3–2–20; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–88294; File No. SR–ISE–
2020–07]
Self-Regulatory Organizations; Nasdaq
ISE, LLC; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change To Amend Options 3,
Section 7 Related to Order Types and
Times-in-Force Provisions
February 26, 2020.
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 February
14, 2020, Nasdaq ISE, LLC (‘‘ISE’’ 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.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend
Options 3, Section 7, ‘‘Types of Orders’’
to permit the Exchange to determine the
availability of order types and time-inforce provisions.
The text of the proposed rule change
is available on the Exchange’s website at
https://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.
1 15
2 17
U.S.C. 78s(b)(1).
CFR 240.19b–4.
E:\FR\FM\03MRN1.SGM
03MRN1
Agencies
[Federal Register Volume 85, Number 42 (Tuesday, March 3, 2020)]
[Notices]
[Pages 12626-12629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04287]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-88286; File No. SR-Phlx-2020-05]
Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend Options 3,
Section 7 Related to Order Types and Times-in-Force Provisions
February 26, 2020.
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 February 14, 2020, 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 amend Options 3, Section 7, ``Electronic
Acceptance of Quotes and Orders'' and Options 8, Section 32, ``Certain
Types of Floor-Based (Non-System) Orders Defined,'' to permit the
Exchange to determine the availability of order types and time-in-force
provisions.
The text of the proposed rule change is available on the Exchange's
website at https://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.
[[Page 12627]]
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
The Exchange proposes to amend Options 3, Section 7, ``Electronic
Acceptance of Quotes and Orders'' and Options 8, Section 32, ``Certain
Types of Floor-Based (Non-System) Orders Defined,'' to provide that the
Exchange may determine which order types and times-in-force provisions
are available on a class or system basis. This proposed change is based
on the rules of Cboe BZX Exchange, Inc. (``BZX Options''),\3\ Rule
21.1, Cboe EDGX Exchange, Inc. (``EDGX Options'') Rule 21.1,\4\ Cboe
Exchange, Inc. (``Cboe'') Rule 5.6 \5\ and Cboe C2 Exchange, Inc.
(``C2'') Rule 6.10(a).\6\ The Exchange proposes to also amend the title
of Options 3, Section 7 from ``Electronic Acceptance of Quotes and
Orders'' to ``Types of Orders and Order and Quote Protocols'' and the
title of Options 8, Section 32 from ``Certain Types of Floor-Based
(Non-System) Orders Defined,'' to ``Types of Floor-Based (Non-System)
Orders'' to reflect the information in these rules.
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\3\ BZX Options Rule 21.1(d), Definitions, provides ``The term
``Order Type'' shall mean the unique processing prescribed for
designated orders, subject to the restrictions set forth in
paragraph (l) below with respect to orders and bulk messages
submitted through bulk ports, that are eligible for entry into the
System. Unless otherwise specified in the Rules or the context
indicates otherwise, the Exchange determines which of the following
Order Types are available on a class or system basis.''
BZX Options Rule 21.1(f), Definitions, provides ``The term
``Time in Force'' means the period of time that the System will hold
an order, subject to the restrictions set forth in paragraph (j)
below with respect to bulk messages submitted through bulk ports,
for potential execution. Unless otherwise specified in the Rules or
the context indicates otherwise, the Exchange determines which of
the following Times-in-Force are available on a class, system, or
trading session basis. Rule 21.20 sets forth the Times-in-Force the
Exchange may make available for complex orders.''
\4\ EDGX Options Rule 21.1, Definitions, provides, ``The term
``Order Type'' shall mean the unique processing prescribed for
designated orders, subject to the restrictions set forth in
paragraph (j) below with respect to orders and bulk messages
submitted through bulk ports, that are eligible for entry into the
System. Unless otherwise specified in the Rules or the context
indicates otherwise, the Exchange determines which of the following
Order Types are available on a class, system, or trading session
basis. Rule 21.20 sets forth the Order Types the Exchange may make
available for complex orders.''
\5\ Cboe Rule 5.6, Availability of Orders, provides, ``Unless
otherwise specified in the Rules or the context indicates otherwise,
the Exchange determines which of the following order types are
available on a class-by-class and system-by-system basis.''
\6\ C2 Rule 6.10(a), Availability of Orders, provides,
``Availability. Unless otherwise specified in the Rules or the
context indicates otherwise, the Exchange determines which of the
following order types, Order Instructions, and Times-in-Force are
available on a class, system, or trading session basis. Rule 6.13
sets forth the order types, Order Instructions, and Times-in-Force
the Exchange may make available for complex orders.''
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The Exchange proposes to add rule text at the beginning of Options
3, Section 7 and Options 8, Section 32 which states, ``The Exchange may
determine to make certain order types and time-in-force, respectively,
available on a class or System basis.'' The purpose of this rule change
is to provide the Exchange with appropriate flexibility to address
different trading characteristics, market models, and the investor base
of each class, as well as to handle any System issues that may arise
and require the Exchange to temporarily not accept certain order types.
This rule is consistent with BZX Options Rule 21.1, EDGX Options Rules
21.1(d) and 21.1(f), Cboe Rule 5.6 and C2 Rule 6.10(a), each of which
provides these exchanges with the same flexibility. The Exchange
intends to file rule changes to adopt this rule across all Nasdaq
affiliated markets.
This rule change will not permit the Exchange to discriminate among
market participants when determining which order types and times-in-
force provisions are available on a class or system basis. The
Exchange's proposal allows the Exchange to make certain order types and
time-in-force, respectively, available on a class or System basis
uniformly for all market participants. For example, if the Exchange
determined to make a certain order type unavailable, that order type
would not be available for any market participant.
The Exchange would issue an Options Trader Alert to provide
notification to Participants that a change is being made to the
availability or unavailability of a certain order type or time-in-
force. The Exchange notes that in the event of System disruption, the
Exchange would notify Participants of the unavailability of any order
type and would also provide notification when that order type was
available once the disruption was resolved.
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\7\ in general, and furthers the
objectives of Section 6(b)(5) of the Act,\8\ 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 proposed rule change would
provide the Exchange with the flexibility to determine the availability
of order types and times-in-force on a class and System basis. This
flexibility would remove impediments to and perfect the mechanism of a
free and open market and a national market system by allowing the
Exchange to address the specific characteristics of different classes
and different market conditions. The Exchange believes that this
proposal serves to protect investors by ensuring that the appropriate
order types and times-in-force are tailored to the different class
characteristics and by mitigating risks associated with changing market
conditions.\9\ The Exchange would issue a notification to Participants
to provide them notice that a change is being made to the availability
or unavailability of a certain order type or time-in-force before
implementing the change. In the event of a System issue, the Exchange
believes that it is consistent with the Act to temporarily not offer a
certain order type to ensure the proper executions of transactions
within the System thereby protecting investors and the public interest.
The Exchange anticipates that exercising its ability to temporarily not
offer order types would be infrequent.
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\7\ 15 U.S.C. 78f(b).
\8\ 15 U.S.C. 78f(b)(5).
\9\ The Exchange may also determine to temporarily not offer an
order type or a time-in-force based on a System issue.
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Adding this provision on all Nasdaq affiliated markets will ensure
consistency between the Exchange rules and that of its affiliates and
would remove impediments to and perfect the mechanism of a free and
open market and promote just and equitable principles of trade, as well
as foster cooperation and coordination with persons engaged in
facilitating transactions in securities. The proposed rule change
provides the Exchange with the same flexibility currently permitted on
BZX Options, EDGX Options, Cboe and C2. The Exchange believes that this
consistency promotes market participants' understanding of the rules
across the multiple affiliated exchanges and promotes a fair and
orderly national options market system. The Exchange also notes that
the proposed change is reasonable and does not affect investor
protection because the proposed change does not present any novel or
unique issues, as it has previously been filed with the Commission.
The Exchange's proposal is not unfairly discriminatory because the
Exchange will not discriminate among market participants when
determining which order types and times-in-force
[[Page 12628]]
provisions are available on a class or system basis. The Exchange's
proposal allows the Exchange to make certain order types and time-in-
force, respectively, available on a class or System basis uniformly for
all market participants. For example, if the Exchange determined to
make a certain order type unavailable, that order type would not be
available for any market participant.
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The Exchange does not
believe the proposed rule change will impose any burden on intra-market
competition, as the proposed rule change will apply in the same manner
to all order types and/or times-in-force, as the Exchange determines,
for all Participants. The Exchange does not believe the proposed rule
change will impose any burden on inter-market competition because the
proposed change provides the Exchange with substantially the same
flexibility as the rules of other exchanges.\10\ Therefore, the
Exchange believes that the proposed rule change will allow it to make
determinations regarding the availability of orders that will enable it
to remain competitive as markets and market conditions evolve.
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\10\ See notes 4-6 above.
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The Exchange's proposal does not impose an undue burden on
competition because the Exchange's proposal will uniformly make certain
order types and time-in-force, respectively, available on a class or
System basis for market participants.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
No written comments were either solicited or received.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \11\ and Rule 19b-4(f)(6) thereunder.\12\
Because the 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, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \13\ and Rule 19b-
4(f)(6) thereunder.\14\
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\11\ 15 U.S.C. 78s(b)(3)(A)(iii).
\12\ 17 CFR 240.19b-4(f)(6).
\13\ 15 U.S.C. 78s(b)(3)(A).
\14\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's 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 under Rule 19b-4(f)(6)\15\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\16\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposed
rule change may become operative immediately. The Exchange notes that
waiver of the operative delay will allow Phlx to exercise immediately
the same flexibility to make certain order types available or
unavailable as BZX Options, EDGX Options, Cboe, and C2. The Exchange
states that this flexibility would serve to protect investors and the
public interest by mitigating risks associated with changing market
conditions. Based on the foregoing, the Commission believes that
waiving the 30-day operative delay is consistent with the protection of
investors and the public interest, and the Commission hereby waives the
30-day operative delay and designates the proposal operative upon
filing.\17\
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\15\ 17 CFR 240.19b-4(f)(6).
\16\ 17 CFR 240.19b-4(f)(6)(iii).
\17\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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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 (https://www.sec.gov/rules/sro.shtml); or
Send an email to [email protected]. Please include
File Number SR-Phlx-2020-05 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-Phlx-2020-05. 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 (https://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 offices 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-2020-05, and should be submitted on
or before March 24, 2020.
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\18\ 17 CFR 200.30-3(a)(12).
[[Page 12629]]
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For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-04287 Filed 3-2-20; 8:45 am]
BILLING CODE 8011-01-P