[Federal Register Volume 86, Number 241 (Monday, December 20, 2021)]
[Notices]
[Pages 72018-72020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27426]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-93777; File No. SR-ISE-2021-26]


Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Amend ISE's 
Pricing Schedule at Options 7, Section 1, General Provisions

December 14, 2021.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934

[[Page 72019]]

(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on December 1, 2021, 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 ISE's Pricing Schedule at Options 7, 
Section 1, General Provisions.
    While the changes proposed herein are effective upon filing, the 
Exchange has designated the amendments become operative on December 1, 
2021.
    The text of the proposed rule change is available on the Exchange's 
website at https://listingcenter.nasdaq.com/rulebook/ise/rules, 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
    ISE proposes to amend its Pricing Schedule at Options 7, Section 1, 
General Provisions. Specifically, ISE proposes to amend the way an 
Exchange Member indicates its participation in the Affiliated Entity 
Program. Specifically, the Exchange proposes to amend the description 
of ``Affiliated Entity'' within Options 7, Section 1, General 
Provisions. Currently, the term ``Affiliated Entity'' is described as,

a relationship between an Appointed Market Maker and an Appointed 
OFP for purposes of qualifying for certain pricing specified in the 
Schedule of Fees. Market Makers and OFPs are required to send an 
email to the Exchange to appoint their counterpart, at least 3 
business days prior to the last day of the month to qualify for the 
next month. The Exchange will acknowledge receipt of the emails and 
specify the date the Affiliated Entity is eligible for applicable 
pricing, as specified in the Schedule of Fees. Each Affiliated 
Entity relationship will commence on the 1st of a month and may not 
be terminated prior to the end of any month. An Affiliated Entity 
relationship will terminate after a one (1) year period, unless 
either party terminates earlier in writing by sending an email to 
the Exchange at least 3 business days prior to the last day of the 
month to terminate for the next month. Affiliated Entity 
relationships must be renewed annually by each party sending an 
email to the Exchange. Affiliated Members may not qualify as a 
counterparty comprising an Affiliated Entity. Each Member may 
qualify for only one (1) Affiliated Entity relationship at any given 
time.

    Today, Members are required to annually renew their Affiliate 
Entity relationship at the end of one year if they desire to continue 
the relationship. The parties must both send an email to the Exchange 
to avoid termination of the relationship, provided the relationship was 
not terminated earlier in the year. The Exchange believes that this 
process is burdensome for Members that desire to remain in the program. 
The consequence of not renewing is termination. The Exchange desires to 
remove the administrative burden associated with the requirement to 
annually renew and instead provide that the Affiliated Entity 
relationship will automatically renew each month, unless otherwise 
terminated. The proposed new rule text would provide,

    An ``Affiliated Entity'' is a relationship between an Appointed 
Market Maker and an Appointed OFP for purposes of qualifying for 
certain pricing specified in the Schedule of Fees. Market Makers and 
OFPs are required to send an email to the Exchange to appoint their 
counterpart, at least 3 business days prior to the last day of the 
month to qualify for the next month. The Exchange will acknowledge 
receipt of the emails and specify the date the Affiliated Entity is 
eligible for applicable pricing, as specified in the Pricing 
Schedule. Each Affiliated Entity relationship will commence on the 
1st of a month and may not be terminated prior to the end of any 
month. An Affiliated Entity relationship will automatically renew 
each month until or unless either party terminates earlier in 
writing by sending an email to the Exchange at least 3 business days 
prior to the last day of the month to terminate for the next month. 
Affiliated Members may not qualify as a counterparty comprising an 
Affiliated Entity. Each Member may qualify for only one (1) 
Affiliated Entity relationship at any given time.

    As is the case today, parties to the Affiliated Entity relationship 
may decide to terminate the relationship during any month by sending an 
email to the Exchange at least 3 business days prior to the last day of 
the month to terminate for the next month. Cboe Exchange, Inc. 
(``Cboe'') has a similar automatic renewal process for its Appointed 
OFP and Appointed Market-Maker Program.\3\ The Exchange believes that 
this amendment will streamline the workflow for Members by not 
requiring Members to renew each year to continue the affiliated 
relationship.
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    \3\ See Cboe's Fees Schedule at footnote 23 ``A Market-Maker may 
designate an Order Flow Provider (``OFP'') as its ``Appointed OFP'' 
and an OFP may designate a Market-Maker to be its ``Appointed 
Market-Maker'' for purposes of qualifying for credits under AVP. In 
order to effectuate the appointment, the parties would need to 
submit the Appointed Affiliate Form to the Exchange by 3:00 p.m. CST 
on the first business day of the month in order to be eligible to 
qualify for credits under AVP for that month. The Exchange will 
recognize only one such designation for each party once every 
calendar month, which designation will automatically renew each 
month until or unless the Exchange receives an email from either 
party indicating that the appointment has been terminated. A Market-
Maker that has both an Affiliate OFP and Appointed OFP will only 
qualify based upon the volume of its Appointed OFP. The volume of an 
OFP that has both an Affiliate Market-Maker and Appointed Market-
Maker will only count towards qualifying the Appointed Market-Maker. 
Volume executed in open outcry is not eligible to receive a credit 
under AVP.''
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    The Exchange is also proposing to amend a reference to ``Schedule 
of Fees'' within the Affiliated Entity description to ``Pricing 
Schedule'' to update the reference to Options 7 rules.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act,\4\ in general, and furthers the objectives of Sections 
6(b)(4) and 6(b)(5) of the Act,\5\ in particular, in that it provides 
for the equitable allocation of reasonable dues, fees, and other 
charges among members and issuers and other persons using any facility, 
and is not designed to permit unfair discrimination between customers, 
issuers, brokers, or dealers.
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    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(4) and (5).
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    The Exchange's proposal to amend the way Exchange Members indicate 
their participation in the Affiliated Entity Program is reasonable. 
Today, Members are required to annually renew their Affiliated Entity 
relationship at the end of one year if they desire to continue the 
relationship. The parties must both send an email to the Exchange to 
avoid termination of the relationship, provided the relationship was 
not terminated earlier in the year. The Exchange believes that this 
process

[[Page 72020]]

is burdensome for Members that desire to remain in the program. The 
consequence of not renewing is termination of their participation in 
the program. The Exchange desires to remove the administrative burden 
associated with the requirement to annually renew and instead provide 
that the Affiliated Entity relationship will automatically renew each 
month, unless otherwise terminated. As is the case today, parties to 
the Affiliated Entity relationship may decide to terminate the 
relationship during any month by sending an email to the Exchange at 
least 3 business days prior to the last day of the month to terminate 
for the next month. Also, Cboe has a similar automatic renewal process 
for its Appointed OFP and Appointed Market-Maker Program.\6\ The 
Exchange believes that this amendment will streamline the workflow for 
Members by not requiring Members to renew each year to continue the 
affiliated relationship.
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    \6\ See Cboe's Fees Schedule at footnote 23 ``A Market-Maker may 
designate an Order Flow Provider (``OFP'') as its ``Appointed OFP'' 
and an OFP may designate a Market-Maker to be its ``Appointed 
Market-Maker'' for purposes of qualifying for credits under AVP. In 
order to effectuate the appointment, the parties would need to 
submit the Appointed Affiliate Form to the Exchange by 3:00 p.m. CST 
on the first business day of the month in order to be eligible to 
qualify for credits under AVP for that month. The Exchange will 
recognize only one such designation for each party once every 
calendar month, which designation will automatically renew each 
month until or unless the Exchange receives an email from either 
party indicating that the appointment has been terminated. A Market-
Maker that has both an Affiliate OFP and Appointed OFP will only 
qualify based upon the volume of its Appointed OFP. The volume of an 
OFP that has both an Affiliate Market-Maker and Appointed Market-
Maker will only count towards qualifying the Appointed Market-Maker. 
Volume executed in open outcry is not eligible to receive a credit 
under AVP.''
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    The Exchange's proposal to amend the way Exchange Member indicate 
their participation in the Affiliated Entity Program is equitable and 
not unfairly discriminatory. Today, any Member may participate in the 
Affiliated Entity Program. The proposed changes would impact all 
Members that voluntarily elect to participate in the Affiliated Entity 
Program in a uniform manner.
    The proposal to amend a reference to ``Schedule of Fees'' within 
the Affiliated Entity description to ``Pricing Schedule'' to update the 
reference to Options 7 rules is non-substantive.

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.
Inter-Market Competition
    The proposal does not impose an undue burden on inter-market 
competition. Cboe has a similar automatic renewal process for its 
Appointed OFP and Appointed Market-Maker Program \7\ as proposed herein 
for the Affiliated Entity Program.
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    \7\ Id.
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Intra-Market Competition
    The Exchange's proposal to amend the way Exchange Members indicate 
their participation in the Affiliated Entity Program does not impose an 
undue burden on competition. Today, any Member may participate in an 
Affiliated Entity relationship. The proposed changes would impact all 
Members that voluntarily elect to participate in the Affiliated Entity 
Program in a uniform manner.

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.\8\ 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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    \8\ 15 U.S.C. 78s(b)(3)(A)(ii).
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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 (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-ISE-2021-26 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-2021-26. 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-ISE-2021-26 and should be submitted on 
or before January 10, 2022.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\9\
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    \9\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-27426 Filed 12-17-21; 8:45 am]
BILLING CODE 8011-01-P