[Federal Register Volume 83, Number 248 (Friday, December 28, 2018)]
[Notices]
[Pages 67440-67441]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-28194]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-84897; File No. SR-ISE-2018-100]
Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend
Supplementary Material .02 to Rule 715
December 20, 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 December 20, 2018, 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, II, and III, below,
which Items have been prepared by the Exchange. The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons.
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\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to amend Supplementary Material .02 to Rule
715, which relates to Cancel and Replace Orders, to correct an
inadvertent error in the rule text.
The text of the proposed rule change is available on the Exchange's
website at http://ise.cchwallstreet.com/, at the principal office of
the Exchange, and at the Commission's Public Reference Room.
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
The Exchange recently filed a proposal to amend Supplementary
Material .02 to Rule 715 regarding Cancel and Replace Orders to correct
an inconsistency between the Exchange's rule text and the operation of
the System \3\ by removing the reference to Rule 710, which relates to
minimum price variations applicable to single leg options series traded
on the Exchange.\4\ The Exchange, however, inadvertently omitted the
deletion of Rule 722(c)(1) from this rule. Rule 722(c)(1) corresponds
to Rule 710 in that it relates to minimum price variations of complex
strategies. Accordingly, the Exchange is proposing herein to delete the
reference to Rule 722(c)(1) from Supplementary Material .02 to Rule
715.
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\3\ The term ``System'' means the electronic system operated by
the Exchange that receives and disseminates quotes, executes orders
and reports transactions. See Rule 100(a)(63).
\4\ See Securities Exchange Act Release No. 84741 (December 6,
2018), 83 FR 63922 (December 12, 2018) (SR-ISE-2018-97).
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By way of background, a member currently has the option of either
sending in a cancel order and then separately sending in a new order
which serves as a replacement of the original order (two separate
messages), or sending a single cancel and replace order in one message
(i.e., a Cancel and Replace Order). Specifically, Supplementary
Material .02 to Rule 715 defines a Cancel and Replace Order as a single
message for the immediate cancellation of a previously received order
and the replacement of that order with a new order.\5\ The replacement
portion of the Cancel and Replace Order is treated as a new order and
as a result, goes through price or other reasonability checks conducted
by the System to validate such order against current market conditions
prior to proceeding with request to modify the order.\6\ If the
replacement portion of a Cancel and Replace Order does not satisfy the
System's price or other reasonability checks, the existing order will
be cancelled and not replaced. Accordingly, the reference to Rule 710,
which relates to minimum price variations applicable to single leg
options series traded on the Exchange, was deleted from Supplementary
Material .02 to Rule 715 as part of SR-ISE-2018-97, because Rule 710
does not involve the System considering the current market at the time
of the Cancel and Replace Order.\7\ The Exchange further explained in
SR-ISE-2018-97 that an incoming Cancel and Replace Order that fails the
minimum price variation checks in Rule 710 would not result in the
existing order being cancelled and not replaced.\8\ Accordingly, the
Exchange removed the reference to Rule 710 from the list of price or
other reasonability checks to conform its rule text to the System.
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\5\ If the previously placed order is already filled partially
or in its entirety, the replacement order is automatically cancelled
or reduced by the number of contracts that were executed. See
Supplementary Material .02 to Rule 715. Supplementary Material .02
to Rule 715 further provides how the replacement portion may retain
the priority of the original order, provided certain specified
conditions are met. The manner in which the Exchange treats priority
with respect to Cancel and Replace Orders is not changing under this
proposal.
\6\ See Securities Exchange Act Release No. 80432 (April 11,
2017), 82 FR 18191 (April 17, 2017) (SR-ISE-2017-03) (memorializing
Cancel and Replace Orders in Supplementary Material .02 to Rule 715
as part of the Exchange's system migration to INET technology).
\7\ See note 4 above.
\8\ Id. In this instance, the System would simply reject the
cancel and replace message as an invalid instruction. The Exchange
notes that the previous T7 system likewise treated Cancel and
Replace Orders in this manner.
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As noted above, Rule 722(c)(1) relates to minimum price variations
of complex strategies, and is therefore analogous to the single leg
rule in ISE Rule 710. The Exchange therefore proposes to delete Rule
722(c)(1) from Supplementary Material .02 to Rule 715 for the same
reasons provided above for Rule 710. Similar to Rule 710, Rule
722(c)(1) does not involve the System considering the current market at
the time of the Cancel and Replace Order, and an incoming Cancel and
Replace Order that fails the minimum price variation checks for complex
strategies in Rule 722(c)(1) would likewise not result in the existing
[[Page 67441]]
order being cancelled and not replaced.\9\ As such, the Exchange
proposes to remove the reference to Rule 722(c)(1) from the list of
price or other reasonability checks to conform its rule text to the
System.
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\9\ Similar to Rule 710, the System would also simply reject the
cancel and replace message as an invalid instruction in this
instance. Furthermore, the previous T7 system likewise treated
Cancel and Replace Orders in this manner.
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2. Statutory Basis
The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\10\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\11\ in particular, in that it is designed to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and open market and a national
market system, and, in general to protect investors and the public
interest. The Exchange's proposal corrects an inadvertent error in
Supplementary Material .02 to Rule 715, which currently includes Rule
722(c)(1) within the list of price or other reasonability checks. As
discussed above, including Rule 722(c)(1) is inconsistent with the
operation of the Exchange's System because an incoming Cancel and
Replace Order which fails the minimum price variation checks in Rule
722(c)(1) does not result in the existing order getting cancelled and
not replaced. This rule change would amend the rule text to reflect
ISE's current practice, and should avoid potential confusion about how
the System processes Cancel and Replace Orders today.\12\
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\10\ 15 U.S.C. 78f(b).
\11\ 15 U.S.C. 78f(b)(5).
\12\ See note 9 above.
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B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. The proposed rule change will
bring greater transparency to the Exchange's Rulebook, and therefore
does not unduly burden 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
Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \13\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\14\
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\13\ 15 U.S.C. 78s(b)(3)(A)(iii).
\14\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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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 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-ISE-2018-100 on the subject line.
Paper Comments
Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.
All submissions should refer to File Number SR-ISE-2018-100. 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; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-ISE-2018-100 and should be
submitted on or before January 18, 2019.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
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\15\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2018-28194 Filed 12-27-18; 8:45 am]
BILLING CODE 8011-01-P