80_FR_69482 80 FR 69266 - Self-Regulatory Organizations; ISE Gemini, LLC; Notice of Filing of Proposed Rule Change To Comply With the Requirements of Rule 1004 of Regulation SCI

80 FR 69266 - Self-Regulatory Organizations; ISE Gemini, LLC; Notice of Filing of Proposed Rule Change To Comply With the Requirements of Rule 1004 of Regulation SCI

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 216 (November 9, 2015)

Page Range69266-69268
FR Document2015-28403

Federal Register, Volume 80 Issue 216 (Monday, November 9, 2015)
[Federal Register Volume 80, Number 216 (Monday, November 9, 2015)]
[Notices]
[Pages 69266-69268]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-28403]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76332; File No. SR-ISEGemini-2015-23]


Self-Regulatory Organizations; ISE Gemini, LLC; Notice of Filing 
of Proposed Rule Change To Comply With the Requirements of Rule 1004 of 
Regulation SCI

November 3, 2015.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given 
that on October 23, 2015, ISE Gemini, LLC (the ``Exchange'' or the 
``ISE Gemini'') filed with the Securities and Exchange Commission the 
proposed rule change as described in Items I, II, and III below, which 
Items have been prepared by the self-regulatory organization. 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

    ISE Gemini proposes to designate all members that function as 
Primary Market Makers (``PMMs'') as necessary for the maintenance of a 
fair and orderly market should business continuity and disaster 
recovery plans (collectively ``DR Plans'') be activated, and proposes 
to require PMMs to participate in scheduled functional and performance 
testing of the operation of such DR Plans by amending Rule 803, 
Obligations of Market Makers. The Exchange notes that ISE Rule 1903 v 
\3\ Order Routing to Other Exchanges, which is incorporated by 
reference into ISE Gemini's rulebook, designates members that function 
as Linkage Handlers as necessary for the maintenance of a fair and 
orderly market should DR Plans be activated and requires Linkage 
Handlers to participate in scheduled functional and performance testing 
of the operation of such DR Plans. The text of the proposed rule change 
is available on the Exchange's Web site at www.ise.com, at the 
principal office of the Exchange, and at the Commission's Public 
Reference Room.
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    \3\ This rule is being amended by SR-ISE-2015-35 to designate 
Linkage Handlers as necessary for the maintenance of a fair and 
orderly market should the Exchange's DR Plans activate, and require 
Linkage Handlers to participate in scheduled functional and 
performance testing of the operation of such DR Plans.

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[[Page 69267]]

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 self-regulatory organization 
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
    Rule 1004 requires the establishment of standards for the 
designation of those members the Exchange reasonably determines are, 
taken as a whole, the minimum necessary for the maintenance of a fair 
and orderly market should the Exchange's business continuity and 
disaster recovery plans be activated. Rule 1004 also requires the 
Exchange to designate members pursuant to those standards and require 
participation by such members in scheduled functional and performance 
testing of the operation of such plans, in the manner and frequency 
specified by the Exchange, provided that such frequency shall not be 
less than once every 12 months. Therefore, in accordance with Rule 
1004, the Exchange proposes to designate all PMMs \4\ and Linkage 
Handlers,\5\ as the minimum necessary for the maintenance of a fair and 
orderly market should the Exchange's DR Plans be activated. This 
proposed rule also mandates participation by designated members in 
scheduled functional and performance testing of the operation of such 
DR Plans.
---------------------------------------------------------------------------

    \4\ A PMM posts two-sided continuous quotations in all of the 
options classes to which it is appointed and undertakes special 
responsibilities for maintaining fair and orderly markets. PMM 
memberships are represented by PMM Trading Rights. The options 
classes trading on ISE Gemini are divided into groups or ``bins'', 
each with one PMM. One PMM member may, however, represent more than 
one bin.
    \5\ A Linkage Handler is a broker that is unaffiliated with the 
Exchange with which the Exchange has contracted with to provide 
routing services, by routing certain orders, to other exchanges as 
agent in connection with the Options Order Protection and Locked/
Crossed Market Plan. See .03 to Supplementary Material to ISE Rule 
1901.
---------------------------------------------------------------------------

Background
    On November 19, 2014, the Securities and Exchange Commission 
unanimously voted to adopt Regulation SCI, which is a set of rules 
designed to strengthen the technology infrastructure of the U.S. 
securities markets.\6\ Specifically, the rules are designed to reduce 
the occurrence of systems issues, improve resiliency when systems 
problems do occur, and enhance the Commission's oversight and 
enforcement of securities market technology infrastructure.\7\
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 73639 (November 19, 
2014), 79 FR 72252 (December 5, 2014) (``SCI Adopting Release'').
    \7\ Division of Trading and Markets, Responses to Frequently 
Asked Questions Concerning Regulation SCI at https://www.sec.gov/divisions/marketreg/regulation-sci-faq.shtml.
---------------------------------------------------------------------------

    Regulation SCI applies to ``SCI entities,'' a term which includes 
SROs such as ISE Gemini. Regulation SCI requires SCI entities to, among 
other things, (1) Eestablish written policies and procedures reasonably 
designed to ensure that their systems have levels of capacity, 
integrity, resiliency, availability, and security adequate to maintain 
their operational capability; (2) mandate participation by designated 
members in scheduled testing of the operation of their business 
continuity and disaster recovery plans, including backup systems, and 
to coordinate such testing on an industry- or sector-wide basis with 
other SCI entities; (3) take corrective action with respect to ``SCI 
events'' (such as systems disruptions, systems compliance issues, and 
systems intrusions), and to notify the Commission of such events; (4) 
disseminate information about certain SCI events to affected members 
and, for certain ``major'' SCI events, to all members; and (5) review 
their systems by objective, qualified personnel at least annually, to 
submit quarterly reports regarding completed, ongoing, and planned 
material changes to their SCI systems to the Commission, and to 
maintain certain books and records.\8\
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    \8\ Id.
---------------------------------------------------------------------------

Proposed Rule Change
    Rule 1004 of Regulation SCI requires the establishment of standards 
for the designation of those members ISE Gemini reasonably determines 
are, taken as a whole, the minimum necessary for the maintenance of a 
fair and orderly market should the Exchange activate its DR Plans. To 
comply with this rule, the Exchange proposes to amend .02 of 
Supplementary Material to ISE Gemini Rule 803, Obligations of Market 
Makers, by designating all members that function as PMMs. The Exchange 
also notes that .03 of Supplementary Material to ISE Rule 1903, Order 
Routing to Other Exchanges, has been incorporated by reference into ISE 
Gemini's rulebook and designates all members that function as Linkage 
Handlers as necessary for the maintenance of a fair and orderly market 
should the Exchange activate its DR Plans.\9\
---------------------------------------------------------------------------

    \9\ The Exchange notes that these designations are determined by 
the members' respective functions.
---------------------------------------------------------------------------

    ISE Gemini believes PMMs (together with Linkage Handlers) meet the 
requirements of Regulation SCI because they are vital to maintaining a 
fair and orderly market. Among other things, PMMs compete with other 
market makers \10\ to improve the market in all series of options 
classes to which the PMM is appointed; make markets that are honored 
for the number of contracts entered into the Exchange's system in all 
series of options classes to which the PMM is appointed; update market 
quotations in response to changed market conditions in all series of 
options classes to which the PMM is appointed; and price option 
contracts fairly.\11\ If the DR Plans are activated, PMMs will ensure 
ISE Gemini's market continues to run smoothly. Similarly, Linkage 
Handlers meet the requirements of Regulation SCI because they route 
orders to other exchanges when ISE Gemini is not at the National Best 
Bid or Offer (``NBBO''). Should the DR Plans be activated, Linkage 
Handlers will ensure that investors receive the best price available 
across all exchanges for their orders.
---------------------------------------------------------------------------

    \10\ Market makers refers to ``Competitive Market Makers'' and 
``PMMs'' collectively. See ISE Gemini Rule 100(a)(25).
    \11\ See ISE Gemini Rule 803.
---------------------------------------------------------------------------

    Rule 1004 also requires that the Exchange mandate participation by 
designated members in scheduled functional and performance testing of 
the operation of such plans, in the manner and frequency specified by 
the Exchange, provided that such frequency shall not be less than once 
every 12 months. The Exchange now proposes that PMMs and Linkage 
Handlers (requirements incorporated by reference) are required to 
participate in scheduled functional and performance testing of such 
plans at least once every 12 months. This testing will prepare the 
designated members for certain SCI events, and enable the market to 
continue operating without major issues during such events.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with the requirements of the Act, and the

[[Page 69268]]

rules and regulations thereunder that are applicable to a national 
securities exchange, and, in particular, with the requirements of 
section 6(b) of the Act.\12\ In particular, the proposal is consistent 
with section 6(b)(5) of the Act,\13\ because it is designed to promote 
just and equitable principles of trade, remove impediments to and 
perfect the mechanisms of a free and open market and a national market 
system and, in general, to protect investors and the public interest.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes the proposed rule is consistent with the 
Exchange Act because it complies with Regulation SCI's requirements. 
ISE Gemini's Rule 803, and ISE Rule 1903, which is incorporated by 
reference, designate members they determine are necessary for the 
maintenance of a fair and orderly market if the Exchange's DR Plans are 
activated and mandate participation by designated members in scheduled 
functional and performance testing of the DR Plans at least once every 
12 months.
    The Exchange further believes the proposed rule change is 
consistent with the protection of investors and the public interest 
because ISE Gemini has designated PMMs, which maintain a fair and 
orderly market by making markets that are honored, competing with other 
market makers to improve the market, updating market quotations, and 
pricing option contracts fairly. Similarly, ISE Gemini has incorporated 
by reference the designation of Linkage Handlers, which route certain 
orders to other exchanges when ISE Gemini is not at the NBBO. This 
provides investors with the best price available across exchanges for 
their orders. Further, the proposed rule is consistent with the 
protection of investors and the public interest because, as proposed 
and incorporated by reference, these designated members are required to 
participate in functional and performance testing of the DR Plans. As a 
result, if the DR Plans are activated, the designated members and their 
systems will be prepared to handle a potential SCI event and ensure 
that investors can continue to trade during the event.

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

    This proposed rule change does not impose any burden on competition 
that is not necessary or appropriate in furtherance of the purposes of 
the Exchange Act because ISE Gemini is implementing the requirements of 
Regulation SCI.

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

    The Exchange has neither solicited nor received written comments on 
this proposed rule change. The Exchange has not received any written 
comments from members or other interested parties.

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

    Because the foregoing proposed rule change does not significantly 
affect the protection of investors or the public interest, does not 
impose any significant burden on competition, and, by its terms, does 
not 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 \14\ and Rule 19b-
4(f)(6) thereunder.\15\ The Exchange provided the Commission with 
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 the proposed rule 
change, or such shorter time as designated by the Commission, as 
required by Rule 19b-4(f)(6).
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such 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 No. SR-ISEGemini-2015-23 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ISEGemini-2015-23. 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 Commissions Internet Web site (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 Web site viewing and printing in 
the Commission's Public Reference Room. Copies of such filing also will 
be available for inspection and copying at the principal office of ISE 
Gemini. 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-
ISEGemini-2015-23 and should be submitted by November 30, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-28403 Filed 11-6-15; 8:45 am]
BILLING CODE 8011-01-P



                                                69266                       Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Notices

                                                rather is designed to provide greater                     • Send an email to rule-comments@                    SECURITIES AND EXCHANGE
                                                harmonization among Exchange, BZX,                      sec.gov. Please include File Number SR–                COMMISSION
                                                BYX, and EDGX rules of similar                          EDGA–2015–41 on the subject line.
                                                purpose. The proposed rule change                                                                              [Release No. 34–76332; File No. SR–
                                                should, therefore, result in less                       Paper Comments
                                                                                                                                                               ISEGemini-2015–23]
                                                burdensome and more efficient                             • Send paper comments in triplicate
                                                regulatory compliance as well as a better               to Brent J. Fields, Secretary, Securities              Self-Regulatory Organizations; ISE
                                                understanding of Exchange Rules for                                                                            Gemini, LLC; Notice of Filing of
                                                                                                        and Exchange Commission, 100 F Street
                                                common members of the BGM Affiliated                                                                           Proposed Rule Change To Comply
                                                                                                        NE., Washington, DC 20549–1090.
                                                Exchanges.                                                                                                     With the Requirements of Rule 1004 of
                                                                                                        All submissions should refer to File                   Regulation SCI
                                                C. Self-Regulatory Organization's
                                                Statement on Comments on the                            Number SR–EDGA–2015–41. This file
                                                                                                        number should be included on the                       November 3, 2015.
                                                Proposed Rule Change Received From
                                                Members, Participants, or Others                        subject line if email is used. To help the                Pursuant to section 19(b)(1) of the
                                                                                                        Commission process and review your                     Securities Exchange Act of 1934 (the
                                                  The Exchange has neither solicited                    comments more efficiently, please use                  ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                nor received written comments on the                    only one method. The Commission will                   notice is hereby given that on October
                                                proposed rule change.                                   post all comments on the Commission’s                  23, 2015, ISE Gemini, LLC (the
                                                III. Date of Effectiveness of the                       Internet Web site (http://www.sec.gov/                 ‘‘Exchange’’ or the ‘‘ISE Gemini’’) filed
                                                Proposed Rule Change and Timing for                     rules/sro.shtml). Copies of the                        with the Securities and Exchange
                                                Commission Action                                       submission, all subsequent                             Commission the proposed rule change
                                                                                                        amendments, all written statements                     as described in Items I, II, and III below,
                                                   Because the foregoing proposed rule                                                                         which Items have been prepared by the
                                                change does not: (A) Significantly affect               with respect to the proposed rule
                                                                                                        change that are filed with the                         self-regulatory organization. The
                                                the protection of investors or the public                                                                      Commission is publishing this notice to
                                                interest; (B) impose any significant                    Commission, and all written
                                                                                                        communications relating to the                         solicit comments on the proposed rule
                                                burden on competition; and (C) become                                                                          change from interested persons.
                                                operative for 30 days from the date on                  proposed rule change between the
                                                which it was filed, or such shorter time                Commission and any person, other than                  I. Self-Regulatory Organization’s
                                                as the Commission may designate, it has                 those that may be withheld from the                    Statement of the Terms of Substance of
                                                become effective pursuant to Section                    public in accordance with the                          the Proposed Rule Change
                                                19(b)(3)(A) of the Act 11 and paragraph                 provisions of 5 U.S.C. 552, will be
                                                (f)(6) of Rule 19b–4 thereunder.12                      available for Web site viewing and                        ISE Gemini proposes to designate all
                                                   At any time within 60 days of the                    printing in the Commission’s Public                    members that function as Primary
                                                filing of the proposed rule change, the                                                                        Market Makers (‘‘PMMs’’) as necessary
                                                                                                        Reference Room, 100 F Street NE.,
                                                Commission summarily may                                                                                       for the maintenance of a fair and orderly
                                                                                                        Washington, DC 20549 on official
                                                temporarily suspend such rule change if                                                                        market should business continuity and
                                                                                                        business days between the hours of
                                                it appears to the Commission that such                                                                         disaster recovery plans (collectively
                                                                                                        10:00 a.m. and 3:00 p.m. Copies of such                ‘‘DR Plans’’) be activated, and proposes
                                                action is: (1) Necessary or appropriate in              filing also will be available for
                                                the public interest; (2) for the protection                                                                    to require PMMs to participate in
                                                                                                        inspection and copying at the principal                scheduled functional and performance
                                                of investors; or (3) otherwise in                       office of the Exchange. All comments
                                                furtherance of the purposes of the Act.                                                                        testing of the operation of such DR Plans
                                                                                                        received will be posted without change;                by amending Rule 803, Obligations of
                                                If the Commission takes such action, the
                                                                                                        the Commission does not edit personal                  Market Makers. The Exchange notes that
                                                Commission shall institute proceedings
                                                                                                        identifying information from                           ISE Rule 1903 v 3 Order Routing to
                                                to determine whether the proposed rule
                                                should be approved or disapproved.                      submissions. You should submit only                    Other Exchanges, which is incorporated
                                                                                                        information that you wish to make                      by reference into ISE Gemini’s rulebook,
                                                IV. Solicitation of Comments                            available publicly. All submissions                    designates members that function as
                                                  Interested persons are invited to                     should refer to File Number SR–EDGA–                   Linkage Handlers as necessary for the
                                                submit written data, views, and                         2015–41, and should be submitted on or                 maintenance of a fair and orderly
                                                arguments concerning the foregoing,                     before November 30, 2015.                              market should DR Plans be activated
                                                including whether the proposed rule                       For the Commission, by the Division of
                                                                                                                                                               and requires Linkage Handlers to
                                                change is consistent with the Act.                      Trading and Markets, pursuant to delegated
                                                                                                                                                               participate in scheduled functional and
                                                Comments may be submitted by any of                     authority.13                                           performance testing of the operation of
                                                the following methods:                                                                                         such DR Plans. The text of the proposed
                                                                                                        Brent J. Fields,
                                                                                                                                                               rule change is available on the
                                                Electronic Comments                                     Secretary.                                             Exchange’s Web site at www.ise.com, at
                                                  • Use the Commission’s Internet                       [FR Doc. 2015–28401 Filed 11–6–15; 8:45 am]            the principal office of the Exchange, and
                                                comment form (http://www.sec.gov/                       BILLING CODE 8011–01–P                                 at the Commission’s Public Reference
                                                rules/sro.shtml); or                                                                                           Room.
srobinson on DSK5SPTVN1PROD with NOTICES




                                                  11 15                                                                                                          1 15 U.S.C. 78s(b)(1).
                                                         U.S.C. 78s(b)(3)(A).
                                                  12 17                                                                                                          2 17 CFR 240.19b–4.
                                                         CFR 240.19b–4(f)(6). As required under Rule
                                                19b–4(f)(6)(iii), the Exchange provided the                                                                      3 This rule is being amended by SR–ISE–2015–35

                                                Commission with written notice of its intent to file                                                           to designate Linkage Handlers as necessary for the
                                                the proposed rule change, along with a brief                                                                   maintenance of a fair and orderly market should the
                                                description and the text of the proposed rule                                                                  Exchange’s DR Plans activate, and require Linkage
                                                change, at least five business days prior to the date                                                          Handlers to participate in scheduled functional and
                                                of filing of the proposed rule change, or such                                                                 performance testing of the operation of such DR
                                                shorter time as designated by the Commission.             13 17   CFR 200.30–3(a)(12).                         Plans.



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                                                                            Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Notices                                                   69267

                                                II. Self-Regulatory Organization’s                       Background                                           Exchange also notes that .03 of
                                                Statement of the Purpose of, and                            On November 19, 2014, the Securities              Supplementary Material to ISE Rule
                                                Statutory Basis for, the Proposed Rule                   and Exchange Commission                              1903, Order Routing to Other
                                                Change                                                   unanimously voted to adopt Regulation                Exchanges, has been incorporated by
                                                                                                         SCI, which is a set of rules designed to             reference into ISE Gemini’s rulebook
                                                  In its filing with the Commission, the                 strengthen the technology infrastructure             and designates all members that
                                                self-regulatory organization included                    of the U.S. securities markets.6                     function as Linkage Handlers as
                                                statements concerning the purpose of,                    Specifically, the rules are designed to              necessary for the maintenance of a fair
                                                and basis for, the proposed rule change                  reduce the occurrence of systems issues,             and orderly market should the Exchange
                                                and discussed any comments it received                   improve resiliency when systems                      activate its DR Plans.9
                                                on the proposed rule change. The text                    problems do occur, and enhance the                      ISE Gemini believes PMMs (together
                                                of these statements may be examined at                   Commission’s oversight and                           with Linkage Handlers) meet the
                                                the places specified in Item IV below.                   enforcement of securities market                     requirements of Regulation SCI because
                                                The Exchange has prepared summaries,                     technology infrastructure.7                          they are vital to maintaining a fair and
                                                set forth in sections A, B, and C below,                    Regulation SCI applies to ‘‘SCI                   orderly market. Among other things,
                                                of the most significant aspects of such                  entities,’’ a term which includes SROs               PMMs compete with other market
                                                statements.                                              such as ISE Gemini. Regulation SCI                   makers 10 to improve the market in all
                                                                                                         requires SCI entities to, among other                series of options classes to which the
                                                A. Self-Regulatory Organization's                        things, (1) Eestablish written policies              PMM is appointed; make markets that
                                                Statement of the Purpose of, and                         and procedures reasonably designed to                are honored for the number of contracts
                                                Statutory Basis for, the Proposed Rule                   ensure that their systems have levels of             entered into the Exchange’s system in
                                                Change                                                   capacity, integrity, resiliency,                     all series of options classes to which the
                                                                                                         availability, and security adequate to               PMM is appointed; update market
                                                1. Purpose                                                                                                    quotations in response to changed
                                                                                                         maintain their operational capability; (2)
                                                                                                         mandate participation by designated                  market conditions in all series of
                                                   Rule 1004 requires the establishment
                                                                                                         members in scheduled testing of the                  options classes to which the PMM is
                                                of standards for the designation of those
                                                                                                         operation of their business continuity               appointed; and price option contracts
                                                members the Exchange reasonably                                                                               fairly.11 If the DR Plans are activated,
                                                determines are, taken as a whole, the                    and disaster recovery plans, including
                                                                                                         backup systems, and to coordinate such               PMMs will ensure ISE Gemini’s market
                                                minimum necessary for the                                                                                     continues to run smoothly. Similarly,
                                                maintenance of a fair and orderly                        testing on an industry- or sector-wide
                                                                                                         basis with other SCI entities; (3) take              Linkage Handlers meet the requirements
                                                market should the Exchange’s business                                                                         of Regulation SCI because they route
                                                continuity and disaster recovery plans                   corrective action with respect to ‘‘SCI
                                                                                                         events’’ (such as systems disruptions,               orders to other exchanges when ISE
                                                be activated. Rule 1004 also requires the                                                                     Gemini is not at the National Best Bid
                                                                                                         systems compliance issues, and systems
                                                Exchange to designate members                                                                                 or Offer (‘‘NBBO’’). Should the DR Plans
                                                                                                         intrusions), and to notify the
                                                pursuant to those standards and require                                                                       be activated, Linkage Handlers will
                                                                                                         Commission of such events; (4)
                                                participation by such members in                         disseminate information about certain                ensure that investors receive the best
                                                scheduled functional and performance                     SCI events to affected members and, for              price available across all exchanges for
                                                testing of the operation of such plans, in               certain ‘‘major’’ SCI events, to all                 their orders.
                                                the manner and frequency specified by                    members; and (5) review their systems                   Rule 1004 also requires that the
                                                the Exchange, provided that such                         by objective, qualified personnel at least           Exchange mandate participation by
                                                frequency shall not be less than once                    annually, to submit quarterly reports                designated members in scheduled
                                                every 12 months. Therefore, in                           regarding completed, ongoing, and                    functional and performance testing of
                                                accordance with Rule 1004, the                           planned material changes to their SCI                the operation of such plans, in the
                                                Exchange proposes to designate all                       systems to the Commission, and to                    manner and frequency specified by the
                                                PMMs 4 and Linkage Handlers,5 as the                     maintain certain books and records.8                 Exchange, provided that such frequency
                                                minimum necessary for the                                                                                     shall not be less than once every 12
                                                                                                         Proposed Rule Change                                 months. The Exchange now proposes
                                                maintenance of a fair and orderly
                                                                                                           Rule 1004 of Regulation SCI requires               that PMMs and Linkage Handlers
                                                market should the Exchange’s DR Plans
                                                                                                         the establishment of standards for the               (requirements incorporated by
                                                be activated. This proposed rule also
                                                                                                         designation of those members ISE                     reference) are required to participate in
                                                mandates participation by designated                                                                          scheduled functional and performance
                                                members in scheduled functional and                      Gemini reasonably determines are,
                                                                                                         taken as a whole, the minimum                        testing of such plans at least once every
                                                performance testing of the operation of                                                                       12 months. This testing will prepare the
                                                such DR Plans.                                           necessary for the maintenance of a fair
                                                                                                         and orderly market should the Exchange               designated members for certain SCI
                                                                                                         activate its DR Plans. To comply with                events, and enable the market to
                                                  4 A PMM posts two-sided continuous quotations
                                                                                                         this rule, the Exchange proposes to                  continue operating without major issues
                                                in all of the options classes to which it is appointed
                                                and undertakes special responsibilities for              amend .02 of Supplementary Material to               during such events.
                                                maintaining fair and orderly markets. PMM                ISE Gemini Rule 803, Obligations of                  2. Statutory Basis
                                                memberships are represented by PMM Trading               Market Makers, by designating all
                                                Rights. The options classes trading on ISE Gemini
                                                                                                         members that function as PMMs. The                      The Exchange believes that the
                                                are divided into groups or ‘‘bins’’, each with one                                                            proposed rule change is consistent with
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                                                PMM. One PMM member may, however, represent
                                                more than one bin.                                         6 See Securities Exchange Act Release No. 73639    the requirements of the Act, and the
                                                  5 A Linkage Handler is a broker that is unaffiliated   (November 19, 2014), 79 FR 72252 (December 5,
                                                with the Exchange with which the Exchange has            2014) (‘‘SCI Adopting Release’’).                      9 The Exchange notes that these designations are

                                                contracted with to provide routing services, by            7 Division of Trading and Markets, Responses to    determined by the members’ respective functions.
                                                routing certain orders, to other exchanges as agent      Frequently Asked Questions Concerning Regulation       10 Market makers refers to ‘‘Competitive Market

                                                in connection with the Options Order Protection          SCI at https://www.sec.gov/divisions/marketreg/      Makers’’ and ‘‘PMMs’’ collectively. See ISE Gemini
                                                and Locked/Crossed Market Plan. See .03 to               regulation-sci-faq.shtml.                            Rule 100(a)(25).
                                                Supplementary Material to ISE Rule 1901.                   8 Id.                                                11 See ISE Gemini Rule 803.




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                                                69268                          Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Notices

                                                rules and regulations thereunder that                      C. Self-Regulatory Organization's                      Paper Comments
                                                are applicable to a national securities                    Statement on Comments on the                              • Send paper comments in triplicate
                                                exchange, and, in particular, with the                     Proposed Rule Change Received From                     to Brent J. Fields, Secretary, Securities
                                                requirements of section 6(b) of the                        Members, Participants or Others                        and Exchange Commission, 100 F Street
                                                Act.12 In particular, the proposal is                                                                             NE., Washington, DC 20549–1090.
                                                                                                              The Exchange has neither solicited
                                                consistent with section 6(b)(5) of the
                                                                                                           nor received written comments on this                  All submissions should refer to File
                                                Act,13 because it is designed to promote
                                                                                                           proposed rule change. The Exchange                     Number SR–ISEGemini–2015–23. This
                                                just and equitable principles of trade,
                                                                                                           has not received any written comments                  file number should be included on the
                                                remove impediments to and perfect the
                                                                                                           from members or other interested                       subject line if email is used. To help the
                                                mechanisms of a free and open market
                                                                                                           parties.                                               Commission process and review your
                                                and a national market system and, in
                                                                                                                                                                  comments more efficiently, please use
                                                general, to protect investors and the                      III. Date of Effectiveness of the
                                                public interest.                                                                                                  only one method. The Commission will
                                                                                                           Proposed Rule Change and Timing for
                                                  The Exchange believes the proposed                                                                              post all comments on the Commissions
                                                                                                           Commission Action
                                                rule is consistent with the Exchange Act                                                                          Internet Web site (http://www.sec.gov/
                                                because it complies with Regulation                           Because the foregoing proposed rule                 rules/sro.shtml). Copies of the
                                                SCI’s requirements. ISE Gemini’s Rule                      change does not significantly affect the               submission, all subsequent
                                                803, and ISE Rule 1903, which is                           protection of investors or the public                  amendments, all written statements
                                                incorporated by reference, designate                       interest, does not impose any significant              with respect to the proposed rule
                                                members they determine are necessary                       burden on competition, and, by its                     change that are filed with the
                                                for the maintenance of a fair and orderly                  terms, does not become operative for 30                Commission, and all written
                                                market if the Exchange’s DR Plans are                      days from the date on which it was                     communications relating to the
                                                activated and mandate participation by                     filed, or such shorter time as the                     proposed rule change between the
                                                designated members in scheduled                            Commission may designate, it has                       Commission and any person, other than
                                                functional and performance testing of                      become effective pursuant to section                   those that may be withheld from the
                                                the DR Plans at least once every 12                        19(b)(3)(A) of the Act 14 and Rule 19b–                public in accordance with the
                                                months.                                                    4(f)(6) thereunder.15 The Exchange                     provisions of 5 U.S.C. 552, will be
                                                  The Exchange further believes the                        provided the Commission with written                   available for Web site viewing and
                                                proposed rule change is consistent with                    notice of its intent to file the proposed              printing in the Commission’s Public
                                                the protection of investors and the                        rule change, along with a brief                        Reference Room. Copies of such filing
                                                public interest because ISE Gemini has                     description and text of the proposed                   also will be available for inspection and
                                                designated PMMs, which maintain a fair                     rule change, at least five business days               copying at the principal office of ISE
                                                and orderly market by making markets                       prior to the date of filing the proposed               Gemini. All comments received will be
                                                that are honored, competing with other                     rule change, or such shorter time as                   posted without change; the Commission
                                                market makers to improve the market,                       designated by the Commission, as                       does not edit personal identifying
                                                updating market quotations, and pricing                    required by Rule 19b–4(f)(6).                          information from submissions. You
                                                option contracts fairly. Similarly, ISE                       At any time within 60 days of the                   should submit only information that
                                                Gemini has incorporated by reference                       filing of such proposed rule change, the               you wish to make available publicly. All
                                                the designation of Linkage Handlers,                       Commission summarily may                               submissions should refer to File
                                                which route certain orders to other                        temporarily suspend such rule change if                Number SR–ISEGemini–2015–23 and
                                                exchanges when ISE Gemini is not at                        it appears to the Commission that such                 should be submitted by November 30,
                                                the NBBO. This provides investors with                     action is necessary or appropriate in the              2015.
                                                the best price available across exchanges                  public interest, for the protection of                   For the Commission, by the Division of
                                                for their orders. Further, the proposed                    investors, or otherwise in furtherance of              Trading and Markets, pursuant to delegated
                                                rule is consistent with the protection of                  the purposes of the Act. If the                        authority.16
                                                investors and the public interest                          Commission takes such action, the                      Brent J. Fields,
                                                because, as proposed and incorporated                      Commission shall institute proceedings                 Secretary.
                                                by reference, these designated members                     to determine whether the proposed rule                 [FR Doc. 2015–28403 Filed 11–6–15; 8:45 am]
                                                are required to participate in functional                  should be approved or disapproved.
                                                                                                                                                                  BILLING CODE 8011–01–P
                                                and performance testing of the DR                          IV. Solicitation of Comments
                                                Plans. As a result, if the DR Plans are
                                                activated, the designated members and                        Interested persons are invited to
                                                                                                           submit written data, views, and                        SMALL BUSINESS ADMINISTRATION
                                                their systems will be prepared to handle
                                                a potential SCI event and ensure that                      arguments concerning the foregoing,                    [Disaster Declaration #14530 and #14531]
                                                investors can continue to trade during                     including whether the proposed rule
                                                the event.                                                 change is consistent with the Act.                     Virginia Disaster #VA–00058
                                                                                                           Comments may be submitted by any of                    AGENCY: U.S. Small Business
                                                B. Self-Regulatory Organization's                          the following methods:
                                                Statement on Burden on Competition                                                                                Administration.
                                                                                                           Electronic Comments                                    ACTION: Notice.
                                                   This proposed rule change does not
                                                impose any burden on competition that                        • Use the Commission’s Internet                      SUMMARY:  This is a notice of an
                                                                                                           comment form http://www.sec.gov/
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                                                is not necessary or appropriate in                                                                                Administrative declaration of a disaster
                                                furtherance of the purposes of the                         rules/sro.shtml); or                                   for the Commonwealth of VIRGINIA
                                                Exchange Act because ISE Gemini is                           • Send an Email to rule-comments@                    dated 11/02/2015.
                                                implementing the requirements of                           sec.gov. Please include File No. SR–                     Incident: Severe Storms and Flooding.
                                                Regulation SCI.                                            ISEGemini–2015–23 on the subject line.                   Incident Period: 09/29/2015 through
                                                                                                                                                                  10/03/2015.
                                                  12 15   U.S.C. 78f(b).                                     14 15   U.S.C. 78s(b)(3)(A).
                                                  13 15   U.S.C. 78f(b)(5).                                  15 17   CFR 240.19b–4(f)(6).                           16 17   CFR 200.30–3(a)(12).



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Document Created: 2015-12-14 15:05:34
Document Modified: 2015-12-14 15:05:34
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 Citation80 FR 69266 

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