81_FR_11349 81 FR 11307 - Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Adopt a Kill Switch

81 FR 11307 - Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Adopt a Kill Switch

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 42 (March 3, 2016)

Page Range11307-11309
FR Document2016-04636

Federal Register, Volume 81 Issue 42 (Thursday, March 3, 2016)
[Federal Register Volume 81, Number 42 (Thursday, March 3, 2016)]
[Notices]
[Pages 11307-11309]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-04636]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77245; File No. SR-Phlx-2016-23]


Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of 
Filing and Immediate Effectiveness of Proposed Rule Change To Adopt a 
Kill Switch

February 26, 2016.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on February 16, 2016, NASDAQ OMX PHLX LLC (``Phlx'' 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 the 
Substance of the Proposed Rule Change

    The Exchange proposes to relocate language in current Rule 1035, 
entitled ``Acceptable of Bid or Offer'' [sic] to Phlx Rule 1019 and 
adopt an optional Kill Switch protection. The Kill Switch will allow 
Phlx members to remove quotes and cancel open orders and prevent new 
order submission.
    The text of the proposed rule change is available on the Exchange's 
Web site at http://nasdaqomxphlx.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 proposes to adopt a new risk protection, a Kill 
Switch, applicable to all Phlx members and member organizations 
(hereinafter ``member(s)''). The Kill Switch will allow Phlx members to 
remove quotes and cancel open orders and prevent new order submission. 
This feature provides firms with a powerful risk management tool for 
immediate control of their quote and order activity.
    The Exchange proposes to relocate current Rule 1035, entitled 
``Acceptable of Bid or Offer'' [sic] to currently reserved Rule 1019, 
title revised Rule 1019 ``Acceptance of Bid or Offer,'' and add a new 
section (b) to Rule 1019. The Phlx Options Kill Switch will be an 
optional tool that enables Phlx members to initiate a message(s) \3\ to 
the Phlx XL system (``System'') to: (i) Promptly remove quotes; and/or 
(ii) promptly cancel orders. Phlx members may submit a request to the 
System to remove/cancel quotes and/or orders based on certain 
identifiers on either a user or group level. Phlx members may elect to 
remove quotes and cancel orders by Exchange account, port, and/or badge 
or mnemonic (``Identifier'') or by a group (one or more Identifier 
combinations),\4\ which are provided by such Phlx member to the 
Exchange. Phlx members may not remove quotes/orders by symbol. The 
System will send an automated message to the Phlx member when a Kill 
Switch request has

[[Page 11308]]

been processed by the Exchange's System.
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    \3\ Phlx members will be able to utilize an interface to send a 
message to the Exchange to initiate the Kill Switch or they may 
contact the Exchange directly.
    \4\ The type of group permissible would be within a broker-
dealer. For example, this could be including but not limited to all 
market maker accounts or all order entry ports.
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    If the Phlx member selects quotes to be cancelled utilizing the 
Kill Switch, the Phlx member must send a message to the Exchange to 
request the removal of all quotes requested for the specified 
Identifier(s).\5\ The Phlx member will be unable to enter any 
additional quotes for the affected Identifier(s) until re-entry has 
been enabled pursuant to proposed section (b)(iii).\6\
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    \5\ See note 3.
    \6\ PIXL Orders will not be cancelled. PIXL\SM\ is the 
Exchange's price improvement mechanism known as Price Improvement XL 
or PIXL. See Rule 1080(n). Of note, sweeps will be cancelled. A 
sweep is a one-sided electronic quote submitted over the Specialized 
Quote Feed, which is the market making quoting interface.
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    If the Phlx member selects orders to be cancelled utilizing the 
Kill Switch, the Phlx member must send a message to the Exchange to 
request the cancellation of all orders requested for the certain 
specified Identifier(s).\7\ The Phlx member will be unable to enter 
additional orders for the affected Identifier(s) until re-entry has 
been enabled pursuant to section (b)(iii).
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    \7\ See note 3.
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    Proposed section (b)(iii) stipulates that after quotes and/or 
orders are removed/cancelled by the Phlx member utilizing the Kill 
Switch, the Phlx member will be unable to enter additional quotes and/
or orders for the affected Identifier(s) until the Phlx member has made 
a request to the Exchange and Exchange staff has set a re-entry 
indicator to enable re-entry.\8\ Once enabled for re-entry, the System 
will send a Re-entry Notification Message to the Phlx member. The 
applicable Clearing member for that Phlx member also will be notified 
of the re-entry into the System after quotes and/or orders are removed/
cancelled as a result of the Kill Switch, provided the Clearing member 
has requested to receive such notification.
---------------------------------------------------------------------------

    \8\ The Phlx member must directly and verbally contact the 
Exchange to request the re-set.
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    The Exchange offers many risk mitigation and management tools today 
including, but not limited to, certain rapid fire risk controls,\9\ 
Rule 15c3-5 risk controls,\10\ Order Price Protections,\11\ and cancel 
on disconnect and purge functionality for Specialized Quote Feed (SQF). 
The Kill Switch offers members a means to control their exposure, 
through an interface which is not dependent on the integrity of the 
member's own systems, should the member experience a failure.
---------------------------------------------------------------------------

    \9\ See Phlx Rule 1095.
    \10\ See Sec.  240.15c3-5.
    \11\ See Phlx Rule 1084.
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    The Exchange proposes to implement this rule within ninety (90) 
days of the implementation date. The Exchange will issue an Options 
Trader Alert in advance to inform market participants of such date.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act \12\ in general, and furthers the objectives of Section 
6(b)(5) of the Act \13\ 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, by enhancing the risk protections available to Exchange 
members. The proposal promotes policy goals of the Commission which has 
encouraged execution venues, exchange and non-exchange alike, to 
enhance risk protection tools and other mechanisms to decrease risk and 
increase stability.
---------------------------------------------------------------------------

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

    The individual firm benefits of enhanced risk protections flow 
downstream to counter-parties both at the Exchange and at other options 
exchanges, thereby increasing systemic protections as well. 
Additionally, because the Exchange offers this risk tool to all Phlx 
members, the Exchange believes this will allow Phlx members to enter 
quotes and orders without fear of inadvertent exposure to excessive 
risk, which in turn will benefit investors through increased liquidity 
for the execution of their orders, thereby protecting investors and the 
public interest.
    This optional risk tool as noted above will be offered to all Phlx 
members. The Exchange further represents that its proposal will operate 
consistently with the firm quote obligations of a broker-dealer 
pursuant to Rule 602 of Regulation NMS and that the functionality is 
not mandatory. Specifically, any interest that is executable against a 
Phlx member's quotes and orders that are received \14\ by the Exchange 
prior to the time the Kill Switch is processed by the System will 
automatically execute at the price up to the Phlx member's size. The 
Kill Switch message will be accepted by the System in the order of 
receipt in the queue and will be processed in that order so that 
interest that is already accepted into the System will be processed 
prior to the Kill Switch message.
---------------------------------------------------------------------------

    \14\ The time of receipt for an order or quote is the time such 
message is processed by the Exchange Order Book.
---------------------------------------------------------------------------

    A Market Makers' obligation to provide continuous two-sided quotes 
on a daily basis is not diminished by the removal of such quotes and/or 
orders by utilizing the Kill Switch. Market Makers will be required to 
provide continuous two-sided quotes on a daily basis. Market Makers 
that utilize the Kill Switch will not be relieved of the obligation to 
provide continuous two-sided quotes on a daily basis, nor will it 
prohibit the Exchange from taking disciplinary action against a Market 
Maker for failing to meet the continuous quoting obligation each 
trading day.
    With respect to providing information regarding the removal of 
quotes and/or cancellation of orders as a result of the Kill Switch to 
the Clearing Member, each Member that transacts through a Clearing 
Member on the Exchange executes a Letter of Guarantee wherein the 
Clearing Member accepts financial responsibility for all Exchange 
transactions made by the Phlx member on whose behalf the Clearing 
Member submits the Letter of Guarantee. The Exchange believes that 
because Clearing Members guarantee all transactions on behalf of a 
member, and therefore bear the risk associated with those transactions, 
it is appropriate for Clearing members to have knowledge of the 
utilization by the member of the Kill Switch, should the Clearing 
member request such notification.

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 proposal does not impose an 
undue burden on intra-market competition because all Phlx members may 
avail themselves of the Kill Switch. The Kill Switch functionality is 
optional. The proposed rule change is meant to protect Phlx members in 
the event the Phlx member is suffering from a systems issue or from the 
occurrence of unusual or unexpected market activity that would require 
them to withdraw from the market in order to protect investors. The 
ability to control risk at either the user or group level will permit 
the Phlx member to protect itself from inadvertent exposure to 
excessive risk at each level. Reducing such risk will enable Phlx 
members to enter quotes and orders without fear of inadvertent exposure 
to excessive risk, which in turn will benefit investors through 
increased liquidity for the execution of their orders. Such increased 
liquidity

[[Page 11309]]

benefits investors because they receive better prices and because it 
lowers volatility in the options market. For these reasons, the 
Exchange does not believe this proposal imposes an undue burden on 
inter-market competition because other exchanges offer the same 
functionality.

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 \15\ and 
subparagraph (f)(6) of Rule 19b-4 thereunder.\16\
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    \15\ 15 U.S.C. 78s(b)(3)(a)(iii).
    \16\ 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: (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.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-Phlx-2016-23 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Phlx-2016-23. 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 Commission's 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, 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 such 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-Phlx-2016-23, and should be 
submitted on or before March 24, 2016.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-04636 Filed 3-2-16; 8:45 am]
BILLING CODE 8011-01-P



                                                                                        Federal Register / Vol. 81, No. 42 / Thursday, March 3, 2016 / Notices                                                 11307

                                                  proposal should be approved or                              the Commission does not edit personal                 II. Self-Regulatory Organization’s
                                                  disapproved by March 24, 2016. Any                          identifying information from                          Statement of the Purpose of, and
                                                  person who wishes to file a rebuttal to                     submissions. You should submit only                   Statutory Basis for, the Proposed Rule
                                                  any other person’s submission must file                     information that you wish to make                     Change
                                                  that rebuttal by April 7, 2016. In light                    available publicly. All submissions
                                                  of the concerns raised by the proposed                      should refer to File Number SR–ISE–                     In its filing with the Commission, the
                                                  rule change, as discussed above, the                        2015–30 and should be submitted by                    Exchange included statements
                                                  Commission invites additional comment                       March 24, 2016. Rebuttal comments                     concerning the purpose of and basis for
                                                  on the proposed rule change as the                          should be submitted by April 7, 2016.                 the proposed rule change and discussed
                                                  Commission continues its analysis of                                                                              any comments it received on the
                                                                                                                For the Commission, by the Division of              proposed rule change. The text of these
                                                  the proposed rule change’s consistency                      Trading and Markets, pursuant to delegated
                                                  with Sections 6(b)(5) and 6(b)(8),26 or                                                                           statements may be examined at the
                                                                                                              authority.27
                                                  any other provision of the Act, or the                                                                            places specified in Item IV below. The
                                                                                                              Robert W. Errett,                                     Exchange has prepared summaries, set
                                                  rules and regulations thereunder. The                       Deputy Secretary.
                                                  Commission asks that commenters                                                                                   forth in sections A, B, and C below, of
                                                                                                              [FR Doc. 2016–04637 Filed 3–2–16; 8:45 am]            the most significant aspects of such
                                                  address the sufficiency and merit of the
                                                  Exchange’s statements in support of the                     BILLING CODE 8011–01–P                                statements.
                                                  proposed rule change, in addition to any                                                                          A. Self-Regulatory Organization’s
                                                  other comments they may wish to                                                                                   Statement of the Purpose of, and
                                                                                                              SECURITIES AND EXCHANGE
                                                  submit about the proposed rule change.                                                                            Statutory Basis for, the Proposed Rule
                                                    Comments may be submitted by any                          COMMISSION
                                                                                                                                                                    Change
                                                  of the following methods:
                                                                                                              [Release No. 34–77245; File No. SR–Phlx–              1. Purpose
                                                  Electronic Comments                                         2016–23]
                                                    • Use the Commission’s Internet                                                                                    The Exchange proposes to adopt a
                                                  comment form (http://www.sec.gov/                           Self-Regulatory Organizations;                        new risk protection, a Kill Switch,
                                                  rules/sro.shtml); or                                        NASDAQ OMX PHLX LLC; Notice of                        applicable to all Phlx members and
                                                    • Send an email to rule-comments@                         Filing and Immediate Effectiveness of                 member organizations (hereinafter
                                                  sec.gov. Please include File Number SR–                     Proposed Rule Change To Adopt a Kill                  ‘‘member(s)’’). The Kill Switch will
                                                  ISE–2015–30 on the subject line.                            Switch                                                allow Phlx members to remove quotes
                                                                                                                                                                    and cancel open orders and prevent new
                                                  Paper Comments                                              February 26, 2016.                                    order submission. This feature provides
                                                     • Send paper comments in triplicate                         Pursuant to Section 19(b)(1) of the                firms with a powerful risk management
                                                  to Secretary, Securities and Exchange                       Securities Exchange Act of 1934                       tool for immediate control of their quote
                                                  Commission, 100 F Street NE.,                               (‘‘Act’’),1 and Rule 19b–4 thereunder,2               and order activity.
                                                  Washington, DC 20549–1090.                                  notice is hereby given that on February                  The Exchange proposes to relocate
                                                  All submissions should refer to File                        16, 2016, NASDAQ OMX PHLX LLC                         current Rule 1035, entitled ‘‘Acceptable
                                                  Number SR–ISE–2015–30. This file                            (‘‘Phlx’’ or ‘‘Exchange’’) filed with the             of Bid or Offer’’ [sic] to currently
                                                  number should be included on the                            Securities and Exchange Commission                    reserved Rule 1019, title revised Rule
                                                  subject line if email is used. To help the                  (‘‘SEC’’ or ‘‘Commission’’) the proposed              1019 ‘‘Acceptance of Bid or Offer,’’ and
                                                  Commission process and review your                          rule change as described in Items I, II,              add a new section (b) to Rule 1019. The
                                                  comments more efficiently, please use                       and III, below, which Items have been                 Phlx Options Kill Switch will be an
                                                  only one method. The Commission will                        prepared by the Exchange. The                         optional tool that enables Phlx members
                                                  post all comments on the Commission’s                       Commission is publishing this notice to               to initiate a message(s) 3 to the Phlx XL
                                                  Internet Web site (http://www.sec.gov/                      solicit comments on the proposed rule                 system (‘‘System’’) to: (i) Promptly
                                                  rules/sro.shtml). Copies of the                             change from interested persons.                       remove quotes; and/or (ii) promptly
                                                  submission, all subsequent                                  I. Self-Regulatory Organization’s                     cancel orders. Phlx members may
                                                  amendments, all written statements                          Statement of the Terms of the Substance               submit a request to the System to
                                                  with respect to the proposed rule                           of the Proposed Rule Change                           remove/cancel quotes and/or orders
                                                  change that are filed with the                                                                                    based on certain identifiers on either a
                                                  Commission, and all written                                    The Exchange proposes to relocate                  user or group level. Phlx members may
                                                  communications relating to the                              language in current Rule 1035, entitled               elect to remove quotes and cancel orders
                                                  proposed rule change between the                            ‘‘Acceptable of Bid or Offer’’ [sic] to               by Exchange account, port, and/or badge
                                                  Commission and any person, other than                       Phlx Rule 1019 and adopt an optional                  or mnemonic (‘‘Identifier’’) or by a
                                                  those that may be withheld from the                         Kill Switch protection. The Kill Switch               group (one or more Identifier
                                                  public in accordance with the                               will allow Phlx members to remove                     combinations),4 which are provided by
                                                  provisions of 5 U.S.C. 552, will be                         quotes and cancel open orders and                     such Phlx member to the Exchange.
                                                  available for Web site viewing and                          prevent new order submission.                         Phlx members may not remove quotes/
                                                  printing in the Commission’s Public                            The text of the proposed rule change               orders by symbol. The System will send
                                                  Reference Room, 100 F Street NE.,                           is available on the Exchange’s Web site               an automated message to the Phlx
                                                  Washington, DC 20549 on official                            at http://                                            member when a Kill Switch request has
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  business days between the hours of                          nasdaqomxphlx.cchwallstreet.com/, at
                                                  10:00 a.m. and 3:00 p.m. Copies of the                      the principal office of the Exchange, and               3 Phlx members will be able to utilize an interface

                                                  filing also will be available for                           at the Commission’s Public Reference                  to send a message to the Exchange to initiate the
                                                  inspection and copying at the principal                     Room.                                                 Kill Switch or they may contact the Exchange
                                                                                                                                                                    directly.
                                                  office of the Exchange. All comments                                                                                4 The type of group permissible would be within
                                                  received will be posted without change;                       27 17 CFR 200.30–3(a)(57).                          a broker-dealer. For example, this could be
                                                                                                                1 15 U.S.C. 78s(b)(1).                              including but not limited to all market maker
                                                    26 15   U.S.C. 78f(b)(5), (b)(8).                           2 17 CFR 240.19b–4.                                 accounts or all order entry ports.



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                                                  11308                          Federal Register / Vol. 81, No. 42 / Thursday, March 3, 2016 / Notices

                                                  been processed by the Exchange’s                           The Exchange proposes to implement                   System will be processed prior to the
                                                  System.                                                 this rule within ninety (90) days of the                Kill Switch message.
                                                     If the Phlx member selects quotes to                 implementation date. The Exchange will                     A Market Makers’ obligation to
                                                  be cancelled utilizing the Kill Switch,                 issue an Options Trader Alert in                        provide continuous two-sided quotes on
                                                  the Phlx member must send a message                     advance to inform market participants                   a daily basis is not diminished by the
                                                  to the Exchange to request the removal                  of such date.                                           removal of such quotes and/or orders by
                                                  of all quotes requested for the specified                                                                       utilizing the Kill Switch. Market Makers
                                                                                                          2. Statutory Basis                                      will be required to provide continuous
                                                  Identifier(s).5 The Phlx member will be
                                                  unable to enter any additional quotes for                  The Exchange believes that its                       two-sided quotes on a daily basis.
                                                  the affected Identifier(s) until re-entry               proposal is consistent with Section 6(b)                Market Makers that utilize the Kill
                                                  has been enabled pursuant to proposed                   of the Act 12 in general, and furthers the              Switch will not be relieved of the
                                                  section (b)(iii).6                                      objectives of Section 6(b)(5) of the Act 13             obligation to provide continuous two-
                                                     If the Phlx member selects orders to                 in particular, in that it is designed to                sided quotes on a daily basis, nor will
                                                  be cancelled utilizing the Kill Switch,                 promote just and equitable principles of                it prohibit the Exchange from taking
                                                  the Phlx member must send a message                     trade, to remove impediments to and                     disciplinary action against a Market
                                                  to the Exchange to request the                          perfect the mechanism of a free and                     Maker for failing to meet the continuous
                                                  cancellation of all orders requested for                open market and a national market                       quoting obligation each trading day.
                                                  the certain specified Identifier(s).7 The                                                                          With respect to providing information
                                                                                                          system, and, in general to protect
                                                  Phlx member will be unable to enter                                                                             regarding the removal of quotes and/or
                                                                                                          investors and the public interest, by
                                                  additional orders for the affected                                                                              cancellation of orders as a result of the
                                                                                                          enhancing the risk protections available
                                                  Identifier(s) until re-entry has been                                                                           Kill Switch to the Clearing Member,
                                                                                                          to Exchange members. The proposal
                                                  enabled pursuant to section (b)(iii).                                                                           each Member that transacts through a
                                                                                                          promotes policy goals of the
                                                     Proposed section (b)(iii) stipulates                                                                         Clearing Member on the Exchange
                                                                                                          Commission which has encouraged
                                                  that after quotes and/or orders are                                                                             executes a Letter of Guarantee wherein
                                                                                                          execution venues, exchange and non-
                                                                                                                                                                  the Clearing Member accepts financial
                                                  removed/cancelled by the Phlx member                    exchange alike, to enhance risk                         responsibility for all Exchange
                                                  utilizing the Kill Switch, the Phlx                     protection tools and other mechanisms                   transactions made by the Phlx member
                                                  member will be unable to enter                          to decrease risk and increase stability.                on whose behalf the Clearing Member
                                                  additional quotes and/or orders for the                    The individual firm benefits of                      submits the Letter of Guarantee. The
                                                  affected Identifier(s) until the Phlx                   enhanced risk protections flow                          Exchange believes that because Clearing
                                                  member has made a request to the                        downstream to counter-parties both at                   Members guarantee all transactions on
                                                  Exchange and Exchange staff has set a                   the Exchange and at other options                       behalf of a member, and therefore bear
                                                  re-entry indicator to enable re-entry.8                 exchanges, thereby increasing systemic                  the risk associated with those
                                                  Once enabled for re-entry, the System                   protections as well. Additionally,                      transactions, it is appropriate for
                                                  will send a Re-entry Notification                       because the Exchange offers this risk                   Clearing members to have knowledge of
                                                  Message to the Phlx member. The                         tool to all Phlx members, the Exchange                  the utilization by the member of the Kill
                                                  applicable Clearing member for that                     believes this will allow Phlx members to                Switch, should the Clearing member
                                                  Phlx member also will be notified of the                enter quotes and orders without fear of                 request such notification.
                                                  re-entry into the System after quotes                   inadvertent exposure to excessive risk,
                                                  and/or orders are removed/cancelled as                                                                          B. Self-Regulatory Organization’s
                                                                                                          which in turn will benefit investors
                                                  a result of the Kill Switch, provided the                                                                       Statement on Burden on Competition
                                                                                                          through increased liquidity for the
                                                  Clearing member has requested to                        execution of their orders, thereby                         The Exchange does not believe that
                                                  receive such notification.                              protecting investors and the public                     the proposed rule change will impose
                                                     The Exchange offers many risk                        interest.                                               any burden on competition not
                                                  mitigation and management tools today                                                                           necessary or appropriate in furtherance
                                                  including, but not limited to, certain                     This optional risk tool as noted above
                                                                                                                                                                  of the purposes of the Act. The proposal
                                                  rapid fire risk controls,9 Rule 15c3–5                  will be offered to all Phlx members. The
                                                                                                                                                                  does not impose an undue burden on
                                                  risk controls,10 Order Price                            Exchange further represents that its
                                                                                                                                                                  intra-market competition because all
                                                  Protections,11 and cancel on disconnect                 proposal will operate consistently with
                                                                                                                                                                  Phlx members may avail themselves of
                                                  and purge functionality for Specialized                 the firm quote obligations of a broker-
                                                                                                                                                                  the Kill Switch. The Kill Switch
                                                  Quote Feed (SQF). The Kill Switch                       dealer pursuant to Rule 602 of
                                                                                                                                                                  functionality is optional. The proposed
                                                  offers members a means to control their                 Regulation NMS and that the
                                                                                                                                                                  rule change is meant to protect Phlx
                                                  exposure, through an interface which is                 functionality is not mandatory.
                                                                                                                                                                  members in the event the Phlx member
                                                  not dependent on the integrity of the                   Specifically, any interest that is
                                                                                                                                                                  is suffering from a systems issue or from
                                                  member’s own systems, should the                        executable against a Phlx member’s
                                                                                                                                                                  the occurrence of unusual or
                                                  member experience a failure.                            quotes and orders that are received 14 by
                                                                                                                                                                  unexpected market activity that would
                                                                                                          the Exchange prior to the time the Kill
                                                                                                                                                                  require them to withdraw from the
                                                                                                          Switch is processed by the System will
                                                    5 See note 3.                                                                                                 market in order to protect investors. The
                                                                                                          automatically execute at the price up to
                                                    6 PIXL  Orders will not be cancelled. PIXLSM is the                                                           ability to control risk at either the user
                                                  Exchange’s price improvement mechanism known            the Phlx member’s size. The Kill Switch
                                                                                                                                                                  or group level will permit the Phlx
                                                  as Price Improvement XL or PIXL. See Rule 1080(n).      message will be accepted by the System
                                                  Of note, sweeps will be cancelled. A sweep is a one-                                                            member to protect itself from
                                                                                                          in the order of receipt in the queue and
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  sided electronic quote submitted over the                                                                       inadvertent exposure to excessive risk at
                                                                                                          will be processed in that order so that
                                                  Specialized Quote Feed, which is the market                                                                     each level. Reducing such risk will
                                                  making quoting interface.                               interest that is already accepted into the
                                                    7 See note 3.
                                                                                                                                                                  enable Phlx members to enter quotes
                                                    8 The Phlx member must directly and verbally            12 15
                                                                                                                                                                  and orders without fear of inadvertent
                                                                                                                 U.S.C. 78f(b).
                                                  contact the Exchange to request the re-set.               13 15
                                                                                                                                                                  exposure to excessive risk, which in
                                                                                                                 U.S.C. 78f(b)(5).
                                                    9 See Phlx Rule 1095.                                   14 The time of receipt for an order or quote is the   turn will benefit investors through
                                                    10 See § 240.15c3–5.
                                                                                                          time such message is processed by the Exchange          increased liquidity for the execution of
                                                    11 See Phlx Rule 1084.                                Order Book.                                             their orders. Such increased liquidity


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                                                                                  Federal Register / Vol. 81, No. 42 / Thursday, March 3, 2016 / Notices                                                   11309

                                                  benefits investors because they receive                   Paper Comments                                         hear oral argument in an appeal from an
                                                  better prices and because it lowers                          • Send paper comments in triplicate                 initial decision of an administrative law
                                                  volatility in the options market. For                     to Secretary, Securities and Exchange                  judge by respondents J.S. Oliver Capital
                                                  these reasons, the Exchange does not                      Commission, 100 F Street NE.,                          Management, L.P. (‘‘J.S. Oliver’’), and
                                                  believe this proposal imposes an undue                    Washington, DC 20549–1090.                             Ian O. Mausner (‘‘Mausner’’).
                                                  burden on inter-market competition                                                                                  On August 5, 2014, the law judge
                                                  because other exchanges offer the same                    All submissions should refer to File                   found that, beginning in 2008, J.S.
                                                  functionality.                                            Number SR–Phlx–2016–23. This file                      Oliver, a registered investment adviser,
                                                                                                            number should be included on the                       and Mausner, its principal, violated
                                                  C. Self-Regulatory Organization’s                         subject line if email is used. To help the
                                                  Statement on Comments on the                                                                                     antifraud provisions of the securities
                                                                                                            Commission process and review your                     laws by cherry picking profitable trades
                                                  Proposed Rule Change Received From                        comments more efficiently, please use
                                                  Members, Participants, or Others                                                                                 for favored accounts and by failing to
                                                                                                            only one method. The Commission will                   disclose uses of soft dollar commissions
                                                    No written comments were either                         post all comments on the Commission’s                  to their clients. The initial decision also
                                                  solicited or received.                                    Internet Web site (http://www.sec.gov/                 found related compliance and
                                                                                                            rules/sro.shtml). Copies of the                        recordkeeping violations. For their
                                                  III. Date of Effectiveness of the
                                                                                                            submission, all subsequent                             violations, the law judge barred
                                                  Proposed Rule Change and Timing for
                                                                                                            amendments, all written statements                     Mausner from the securities industry,
                                                  Commission Action
                                                                                                            with respect to the proposed rule                      revoked J.S. Oliver’s investment adviser
                                                     Because the foregoing proposed rule                    change that are filed with the
                                                  change does not: (i) Significantly affect                                                                        registration, issued cease-and-desist
                                                                                                            Commission, and all written                            orders against them, and ordered
                                                  the protection of investors or the public                 communications relating to the
                                                  interest; (ii) impose any significant                                                                            respondents to disgorge $1,376,440. The
                                                                                                            proposed rule change between the                       law judge also imposed civil money
                                                  burden on competition; and (iii) become                   Commission and any person, other than
                                                  operative for 30 days from the date on                                                                           penalties of $3,040,000 on Mauser and
                                                                                                            those that may be withheld from the                    $14,975,000 on J.S. Oliver.
                                                  which it was filed, or such shorter time                  public in accordance with the
                                                  as the Commission may designate, it has                                                                             Respondents appealed the civil
                                                                                                            provisions of 5 U.S.C. 552, will be                    money penalties imposed in the initial
                                                  become effective pursuant to Section                      available for Web site viewing and
                                                  19(b)(3)(A)(iii) of the Act 15 and                                                                               decision. The oral argument is likely to
                                                                                                            printing in the Commission’s Public                    address what penalties, if any, are
                                                  subparagraph (f)(6) of Rule 19b–4                         Reference Room, 100 F Street NE.,
                                                  thereunder.16                                                                                                    appropriate in the public interest. Also
                                                                                                            Washington, DC 20549 on official                       likely to be considered at oral argument
                                                     At any time within 60 days of the                      business days between the hours of
                                                  filing of the proposed rule change, the                                                                          is whether these administrative
                                                                                                            10:00 a.m. and 3:00 p.m. Copies of such                proceedings violate the U.S.
                                                  Commission summarily may                                  filing also will be available for
                                                  temporarily suspend such rule change if                                                                          Constitution.
                                                                                                            inspection and copying at the principal
                                                  it appears to the Commission that such                                                                              For further information, please
                                                                                                            office of the Exchange. All comments
                                                  action is: (i) Necessary or appropriate in                                                                       contact the Office of the Secretary at
                                                                                                            received will be posted without change;
                                                  the public interest; (ii) for the protection                                                                     (202) 551–5400.
                                                                                                            the Commission does not edit personal
                                                  of investors; or (iii) otherwise in                       identifying information from                             Dated: February 29, 2016.
                                                  furtherance of the purposes of the Act.                   submissions. You should submit only                    Brent J. Fields,
                                                  If the Commission takes such action, the                  information that you wish to make                      Secretary.
                                                  Commission shall institute proceedings                    available publicly. All submissions                    [FR Doc. 2016–04792 Filed 3–1–16; 11:15 am]
                                                  to determine whether the proposed rule                    should refer to File Number SR–Phlx–                   BILLING CODE 8011–01–P
                                                  should be approved or disapproved.                        2016–23, and should be submitted on or
                                                  IV. Solicitation of Comments                              before March 24, 2016.
                                                    Interested persons are invited to                         For the Commission, by the Division of               SECURITIES AND EXCHANGE
                                                  submit written data, views, and                           Trading and Markets, pursuant to delegated             COMMISSION
                                                  arguments concerning the foregoing,                       authority.17
                                                  including whether the proposed rule                       Robert W. Errett,                                      [Release No. 34–77247; File No. SR–ISE
                                                  change is consistent with the Act.                        Deputy Secretary.                                      Gemini–2015–17]
                                                  Comments may be submitted by any of                       [FR Doc. 2016–04636 Filed 3–2–16; 8:45 am]
                                                                                                                                                                   Self-Regulatory Organizations; ISE
                                                  the following methods:                                    BILLING CODE 8011–01–P
                                                                                                                                                                   Gemini, LLC; Order Instituting
                                                  Electronic Comments                                                                                              Proceedings To Determine Whether To
                                                    • Use the Commission’s Internet                         SECURITIES AND EXCHANGE                                Approve or Disapprove a Proposed
                                                  comment form (http://www.sec.gov/                         COMMISSION                                             Rule Change To Amend Rule 804(g)
                                                  rules/sro.shtml); or                                                                                             February 26, 2016.
                                                    • Send an email to rule-comments@                       Sunshine Act Meeting
                                                  sec.gov. Please include File Number SR–                                                                          I. Introduction
                                                                                                              Notice is hereby given, pursuant to
                                                  Phlx–2016–23 on the subject line.                                                                                   On November 12, 2015, the ISE
                                                                                                            the provisions of the Government in the
                                                                                                                                                                   Gemini, LLC (‘‘ISE Gemini’’ or the
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                    15 15  U.S.C. 78s(b)(3)(a)(iii).
                                                                                                            Sunshine Act, Public Law 94–409, that
                                                    16 17                                                   the Securities and Exchange                            ‘‘Exchange’’) filed with the Securities
                                                           CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                                  4(f)(6) requires a self-regulatory organization to give   Commission will hold an Open Meeting                   and Exchange Commission (the
                                                  the Commission written notice of its intent to file       on Monday, March 7, 2016, at 3:30 p.m.,                ‘‘Commission’’), pursuant to Section
                                                  the proposed rule change at least five business days      in the Auditorium (L–002) at the                       19(b)(1) of the Securities Exchange Act
                                                  prior to the date of filing of the proposed rule                                                                 of 1934 (the ‘‘Act’’) 1 and Rule 19b–4
                                                  change, or such shorter time as designated by the         Commission’s headquarters building, to
                                                  Commission. The Exchange has satisfied this
                                                  requirement.                                                17 17   CFR 200.30–3(a)(12).                           1 15   U.S.C. 78s(b)(1).



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Document Created: 2016-03-03 03:51:25
Document Modified: 2016-03-03 03:51:25
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 Citation81 FR 11307 

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