81_FR_13914 81 FR 13864 - Self-Regulatory Organizations; ISE Gemini, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Limit Mandatory Participation in Scheduled Functional and Performance Testing Under Regulation SCI to Only Those Primary Market Makers That Meet Specified Criteria

81 FR 13864 - Self-Regulatory Organizations; ISE Gemini, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Limit Mandatory Participation in Scheduled Functional and Performance Testing Under Regulation SCI to Only Those Primary Market Makers That Meet Specified Criteria

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 50 (March 15, 2016)

Page Range13864-13866
FR Document2016-05755

Federal Register, Volume 81 Issue 50 (Tuesday, March 15, 2016)
[Federal Register Volume 81, Number 50 (Tuesday, March 15, 2016)]
[Notices]
[Pages 13864-13866]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-05755]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77334; File No. SR-ISE Gemini-2016-02]


Self-Regulatory Organizations; ISE Gemini, LLC; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Limit Mandatory 
Participation in Scheduled Functional and Performance Testing Under 
Regulation SCI to Only Those Primary Market Makers That Meet Specified 
Criteria

March 9, 2016.
    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 February 26, 2016, 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.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend Rule 803, Obligations of Market 
Makers, to limit mandatory participation in scheduled functional and 
performance testing, under Regulation Systems Compliance and Integrity 
(``Regulation SCI''),\3\ to those Primary Market Makers (``PMMs'') that 
contribute a meaningful percentage of the Exchange's overall volume, 
measured on a quarterly or monthly basis. The Exchange proposes to also 
consider other factors in determining the PMMs that will be required to 
participate in scheduled functional and performance testing of the 
Exchange's business continuity and disaster recovery plans 
(collectively ``DR Plans''), including average daily volume traded on 
the Exchange measured on a quarterly or monthly basis, or PMMs that 
collectively account for a certain percentage of market share on the 
Exchange or within a specific product. In addition, the Exchange 
proposes to publish the criteria to be used by the Exchange to 
determine which PMMs will be required to participate in such testing, 
and notify those PMMs that are required to

[[Page 13865]]

participate based on such criteria. 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.
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 73639 (November 19, 
2014), 79 FR 72252 (December 5, 2014) (``SCI Adopting Release'').
---------------------------------------------------------------------------

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
    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.\4\ 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.\5\
---------------------------------------------------------------------------

    \4\ Id.
    \5\ 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) establish 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.\6\
---------------------------------------------------------------------------

    \6\ Id.
---------------------------------------------------------------------------

    In accordance with Rule 1004 of Regulation SCI, the Exchange 
amended Rule 803 and Rule 1903, which was incorporated by reference 
into ISE Gemini's Rulebook, in 2015 to designate all PMMs \7\ and 
Linkage Handlers,\8\ as the minimum necessary for the maintenance of a 
fair and orderly market should the Exchange's DR Plans be activated.\9\ 
The Exchange also mandated participation by designated members in 
scheduled functional and performance testing of the operation of such 
DR Plans.\10\
---------------------------------------------------------------------------

    \7\ 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.
    \8\ 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 Rule 1901.
    \9\ Securities Exchange Act Release No. 76331 (November 3, 
2015), 80 FR 69266 (November 9, 2015), SR-ISE Gemini-2015-23 and .02 
of Supplementary Material to Rule 803.
    \10\ Id.
---------------------------------------------------------------------------

    The Exchange has reevaluated its designation of all PMMs as the 
minimum necessary for the maintenance of a fair and orderly market 
should the Exchange's DR Plans be activated and now believes that 
designating all PMMs is more than the minimum necessary to maintain a 
fair and orderly market should its DR Plans be activated. The Exchange 
proposes to revise Rule 803 and limit mandatory participation in 
scheduled functional and performance testing, under Regulation SCI and 
Rule 803, to those PMMs that contribute a meaningful percentage of the 
Exchange's overall volume, measured on a quarterly or monthly basis. 
The Exchange proposes to consider other factors in determining which 
PMMs will be required to participate in scheduled functional and 
performance testing, including average daily volume traded on the 
Exchange measured on a quarterly or monthly basis, or PMMs that 
collectively account for a certain percentage of market share on the 
Exchange or within a specific product. The Exchange represents that it 
will publish the criteria \11\ to be used by the Exchange to determine 
which PMMs will be required to participate in such testing, and notify 
those PMMs that are required to participate based on such criteria.
---------------------------------------------------------------------------

    \11\ This criteria will be published by the Exchange, in a 
regulatory information circular, no later than the effective date of 
this rule filing.
---------------------------------------------------------------------------

    The Exchange notes that it encourages all PMMs to connect to the 
Exchange's backup systems and to participate in testing of such 
systems. However, in revising the requirements in proposed Rule 803, 
the rule will subject only those PMMs to mandatory testing that the 
Exchange believes are, taken as a whole, the minimum necessary to 
maintain fair and orderly markets. The Exchange believes that 
designating PMMs to participate in mandatory testing because they, for 
example, account for a significant portion of the Exchange's overall 
volume or collectively account for a certain percentage of market share 
on the Exchange is a reasonable means to ensure the maintenance of a 
fair and orderly market on the Exchange should its DR Plans be 
activated.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with the requirements of the Act, and the 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 revision is consistent with 
the Exchange Act because it complies with Regulation SCI's 
requirements. ISE Gemini's proposed rule designates only those PMMs it 
determines are necessary for the maintenance of a fair and orderly 
market if the Exchange's DR Plans are activated. Additionally, the 
proposal will ensure that the PMMs necessary to ensure the maintenance 
of a fair and orderly market are properly designated consistent with 
Rule 1004 of Regulation SCI. Specifically, as proposed, the Exchange 
will adopt clear and objective

[[Page 13866]]

criteria with respect to the designation of PMMs that are required to 
participate in the testing of the Exchange's DR Plans, as well as 
appropriate notification regarding such designation. As set forth in 
the SCI Adopting Release, ``SROs have the authority, and legal 
responsibility, under section 6 of the Exchange Act, to adopt and 
enforce rules (including rules to comply with Regulation SCI's 
requirements relating to [business continuity and disaster recovery] 
testing) applicable to their members or participants that are designed 
to, among other things, foster cooperation and coordination with 
persons engaged in regulating, clearing, settling, processing 
information with respect to, and facilitating transactions in 
securities, 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.'' \14\ The Exchange believes 
that this proposal is consistent with such authority and legal 
responsibility.
---------------------------------------------------------------------------

    \14\ See SCI Adopting Release, supra note 4 at 72350.
---------------------------------------------------------------------------

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 \15\ and Rule 19b-
4(f)(6) thereunder.\16\ 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).
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78s(b)(3)(A).
    \16\ 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-ISE Gemini-2016-02 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-ISE Gemini-2016-02. 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, 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-ISE Gemini-2016-02 and 
should be submitted by April 5, 2016.
---------------------------------------------------------------------------

    \17\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\17\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-05755 Filed 3-14-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                    13864                            Federal Register / Vol. 81, No. 50 / Tuesday, March 15, 2016 / Notices

                                                    maintain their competitive standing in                     Paper Comments                                         SECURITIES AND EXCHANGE
                                                    the financial markets. Additionally,                                                                              COMMISSION
                                                    Members may opt to disfavor the                              • Send paper comments in triplicate
                                                                                                               to Secretary, Securities and Exchange                  [Release No. 34–77334; File No. SR–ISE
                                                    Exchange’s pricing if they believe that
                                                                                                               Commission, 100 F Street NE.,                          Gemini–2016–02]
                                                    alternatives offer them better value.
                                                    Accordingly, the Exchange does not                         Washington, DC 20549–1090.                             Self-Regulatory Organizations; ISE
                                                    believe that the proposed changes to the                   All submissions should refer to File                   Gemini, LLC; Notice of Filing and
                                                    Exchange’s tiered pricing structure                        Number SR–BATS–2016–26. This file                      Immediate Effectiveness of Proposed
                                                    burdens competition, but instead,                          number should be included on the                       Rule Change To Limit Mandatory
                                                    enhances competition as it is intended                                                                            Participation in Scheduled Functional
                                                                                                               subject line if email is used. To help the
                                                    to increase the competitiveness of the                                                                            and Performance Testing Under
                                                                                                               Commission process and review your
                                                    Exchange. Also, the Exchange believes                                                                             Regulation SCI to Only Those Primary
                                                    that the price changes contribute to,                      comments more efficiently, please use
                                                                                                               only one method. The Commission will                   Market Makers That Meet Specified
                                                    rather than burden competition, as such                                                                           Criteria
                                                    changes are broadly intended to                            post all comments on the Commission’s
                                                    incentivize participants to increase their                 Internet Web site (http://www.sec.gov/                 March 9, 2016.
                                                    participation on the Exchange, which                       rules/sro.shtml). Copies of the                           Pursuant to section 19(b)(1) of the
                                                    will increase the liquidity and market                     submission, all subsequent                             Securities Exchange Act of 1934 (the
                                                    quality on the Exchange, which will                        amendments, all written statements                     ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                    then further enhance the Exchange’s                        with respect to the proposed rule                      notice is hereby given that on February
                                                    ability to compete with other exchanges.                   change that are filed with the                         26, 2016, ISE Gemini, LLC (the
                                                                                                               Commission, and all written                            ‘‘Exchange’’ or the ‘‘ISE Gemini’’) filed
                                                    (C) Self-Regulatory Organization’s
                                                                                                               communications relating to the                         with the Securities and Exchange
                                                    Statement on Comments on the
                                                                                                               proposed rule change between the                       Commission the proposed rule change
                                                    Proposed Rule Change Received From
                                                                                                               Commission and any person, other than                  as described in Items I, II, and III below,
                                                    Members, Participants or Others
                                                                                                               those that may be withheld from the                    which Items have been prepared by the
                                                      The Exchange has not solicited, and                      public in accordance with the                          self-regulatory organization. The
                                                    does not intend to solicit, comments on                    provisions of 5 U.S.C. 552, will be                    Commission is publishing this notice to
                                                    this proposed rule change. The                             available for Web site viewing and                     solicit comments on the proposed rule
                                                    Exchange has not received any written                      printing in the Commission’s Public                    change from interested persons.
                                                    comments from members or other                             Reference Room, 100 F Street NE.,                      I. Self-Regulatory Organization’s
                                                    interested parties.                                        Washington, DC 20549, on official                      Statement of the Terms of Substance of
                                                    III. Date of Effectiveness of the                          business days between the hours of                     the Proposed Rule Change
                                                    Proposed Rule Change and Timing for                        10:00 a.m. and 3:00 p.m. Copies of such                   The Exchange proposes to amend
                                                    Commission Action                                          filing will also be available for                      Rule 803, Obligations of Market Makers,
                                                                                                               inspection and copying at the principal                to limit mandatory participation in
                                                       The foregoing rule change has become
                                                                                                               office of the Exchange. All comments                   scheduled functional and performance
                                                    effective pursuant to Section 19(b)(3)(A)
                                                                                                               received will be posted without change;                testing, under Regulation Systems
                                                    of the Act 15 and paragraph (f) of Rule
                                                    19b–4 thereunder.16 At any time within                     the Commission does not edit personal                  Compliance and Integrity (‘‘Regulation
                                                    60 days of the filing of the proposed rule                 identifying information from                           SCI’’),3 to those Primary Market Makers
                                                    change, the Commission summarily may                       submissions. You should submit only                    (‘‘PMMs’’) that contribute a meaningful
                                                    temporarily suspend such rule change if                    information that you wish to make                      percentage of the Exchange’s overall
                                                    it appears to the Commission that such                     available publicly. All submissions                    volume, measured on a quarterly or
                                                    action is necessary or appropriate in the                  should refer to File Number SR–BATS–                   monthly basis. The Exchange proposes
                                                    public interest, for the protection of                     2016–26 and should be submitted on or                  to also consider other factors in
                                                    investors, or otherwise in furtherance of                  before April 5, 2016.                                  determining the PMMs that will be
                                                    the purposes of the Act.                                     For the Commission, by the Division of
                                                                                                                                                                      required to participate in scheduled
                                                                                                               Trading and Markets, pursuant to delegated             functional and performance testing of
                                                    IV. Solicitation of Comments                                                                                      the Exchange’s business continuity and
                                                                                                               authority.17
                                                      Interested persons are invited to                                                                               disaster recovery plans (collectively
                                                                                                               Robert W. Errett,
                                                    submit written data, views, and                                                                                   ‘‘DR Plans’’), including average daily
                                                                                                               Deputy Secretary.                                      volume traded on the Exchange
                                                    arguments concerning the foregoing,
                                                                                                               [FR Doc. 2016–05751 Filed 3–14–16; 8:45 am]            measured on a quarterly or monthly
                                                    including whether the proposed rule
                                                    change is consistent with the Act.                         BILLING CODE 8011–01–P                                 basis, or PMMs that collectively account
                                                    Comments may be submitted by any of                                                                               for a certain percentage of market share
                                                    the following methods:                                                                                            on the Exchange or within a specific
                                                                                                                                                                      product. In addition, the Exchange
                                                    Electronic Comments                                                                                               proposes to publish the criteria to be
                                                      • Use the Commission’s Internet                                                                                 used by the Exchange to determine
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    comment form (http://www.sec.gov/                                                                                 which PMMs will be required to
                                                    rules/sro.shtml); or                                                                                              participate in such testing, and notify
                                                      • Send an email to rule-comments@                                                                               those PMMs that are required to
                                                    sec.gov. Please include File Number SR–                                                                             1 15 U.S.C. 78s(b)(1).
                                                    BATS–2016–26 on the subject line.                                                                                   2 17 CFR 240.19b–4.
                                                                                                                                                                        3 See Securities Exchange Act Release No. 73639
                                                      15 15   U.S.C. 78s(b)(3)(A).                                                                                    (November 19, 2014), 79 FR 72252 (December 5,
                                                      16 17   CFR 240.19b–4(f).                                  17 17   CFR 200.30–3(a)(12).                         2014) (‘‘SCI Adopting Release’’).



                                               VerDate Sep<11>2014      17:40 Mar 14, 2016   Jkt 238001   PO 00000   Frm 00094    Fmt 4703   Sfmt 4703   E:\FR\FM\15MRN1.SGM   15MRN1


                                                                                  Federal Register / Vol. 81, No. 50 / Tuesday, March 15, 2016 / Notices                                                        13865

                                                    participate based on such criteria. The                 Commission of such events; (4)                           for a certain percentage of market share
                                                    text of the proposed rule change is                     disseminate information about certain                    on the Exchange or within a specific
                                                    available on the Exchange’s Web site at                 SCI events to affected members and, for                  product. The Exchange represents that it
                                                    www.ise.com, at the principal office of                 certain ‘‘major’’ SCI events, to all                     will publish the criteria 11 to be used by
                                                    the Exchange, and at the Commission’s                   members; and (5) review their systems                    the Exchange to determine which PMMs
                                                    Public Reference Room.                                  by objective, qualified personnel at least               will be required to participate in such
                                                                                                            annually, to submit quarterly reports                    testing, and notify those PMMs that are
                                                    II. Self-Regulatory Organization’s
                                                                                                            regarding completed, ongoing, and                        required to participate based on such
                                                    Statement of the Purpose of, and
                                                                                                            planned material changes to their SCI                    criteria.
                                                    Statutory Basis for, the Proposed Rule
                                                                                                            systems to the Commission, and to                           The Exchange notes that it encourages
                                                    Change
                                                                                                            maintain certain books and records.6                     all PMMs to connect to the Exchange’s
                                                       In its filing with the Commission, the                  In accordance with Rule 1004 of                       backup systems and to participate in
                                                    self-regulatory organization included                   Regulation SCI, the Exchange amended                     testing of such systems. However, in
                                                    statements concerning the purpose of,                   Rule 803 and Rule 1903, which was                        revising the requirements in proposed
                                                    and basis for, the proposed rule change                 incorporated by reference into ISE                       Rule 803, the rule will subject only
                                                    and discussed any comments it received                  Gemini’s Rulebook, in 2015 to designate                  those PMMs to mandatory testing that
                                                    on the proposed rule change. The text                   all PMMs 7 and Linkage Handlers,8 as                     the Exchange believes are, taken as a
                                                    of these statements may be examined at                  the minimum necessary for the                            whole, the minimum necessary to
                                                    the places specified in Item IV below.                  maintenance of a fair and orderly                        maintain fair and orderly markets. The
                                                    The Exchange has prepared summaries,                    market should the Exchange’s DR Plans                    Exchange believes that designating
                                                    set forth in sections A, B, and C below,                be activated.9 The Exchange also                         PMMs to participate in mandatory
                                                    of the most significant aspects of such                 mandated participation by designated                     testing because they, for example,
                                                    statements.                                             members in scheduled functional and                      account for a significant portion of the
                                                                                                            performance testing of the operation of                  Exchange’s overall volume or
                                                    A. Self-Regulatory Organization’s
                                                                                                            such DR Plans.10                                         collectively account for a certain
                                                    Statement of the Purpose of, and                           The Exchange has reevaluated its
                                                    Statutory Basis for, the Proposed Rule                                                                           percentage of market share on the
                                                                                                            designation of all PMMs as the                           Exchange is a reasonable means to
                                                    Change                                                  minimum necessary for the                                ensure the maintenance of a fair and
                                                    1. Purpose                                              maintenance of a fair and orderly                        orderly market on the Exchange should
                                                                                                            market should the Exchange’s DR Plans                    its DR Plans be activated.
                                                       On November 19, 2014, the Securities
                                                                                                            be activated and now believes that
                                                    and Exchange Commission
                                                                                                            designating all PMMs is more than the                    2. Statutory Basis
                                                    unanimously voted to adopt Regulation
                                                                                                            minimum necessary to maintain a fair                       The Exchange believes that the
                                                    SCI, which is a set of rules designed to
                                                                                                            and orderly market should its DR Plans                   proposed rule change is consistent with
                                                    strengthen the technology infrastructure
                                                                                                            be activated. The Exchange proposes to                   the requirements of the Act, and the
                                                    of the U.S. securities markets.4
                                                                                                            revise Rule 803 and limit mandatory                      rules and regulations thereunder that
                                                    Specifically, the rules are designed to
                                                                                                            participation in scheduled functional                    are applicable to a national securities
                                                    reduce the occurrence of systems issues,
                                                                                                            and performance testing, under                           exchange, and, in particular, with the
                                                    improve resiliency when systems
                                                                                                            Regulation SCI and Rule 803, to those                    requirements of section 6(b) of the
                                                    problems do occur, and enhance the                      PMMs that contribute a meaningful
                                                    Commission’s oversight and                                                                                       Act.12 In particular, the proposal is
                                                                                                            percentage of the Exchange’s overall                     consistent with section 6(b)(5) of the
                                                    enforcement of securities market                        volume, measured on a quarterly or
                                                    technology infrastructure.5                                                                                      Act,13 because it is designed to promote
                                                                                                            monthly basis. The Exchange proposes
                                                       Regulation SCI applies to ‘‘SCI                                                                               just and equitable principles of trade,
                                                                                                            to consider other factors in determining
                                                    entities,’’ a term which includes SROs                                                                           remove impediments to and perfect the
                                                                                                            which PMMs will be required to
                                                    such as ISE Gemini. Regulation SCI                                                                               mechanisms of a free and open market
                                                                                                            participate in scheduled functional and
                                                    requires SCI entities to, among other                                                                            and a national market system and, in
                                                                                                            performance testing, including average
                                                    things, (1) establish written policies and                                                                       general, to protect investors and the
                                                                                                            daily volume traded on the Exchange
                                                    procedures reasonably designed to                                                                                public interest.
                                                                                                            measured on a quarterly or monthly
                                                    ensure that their systems have levels of                                                                           The Exchange believes the proposed
                                                                                                            basis, or PMMs that collectively account
                                                    capacity, integrity, resiliency,                                                                                 rule revision is consistent with the
                                                    availability, and security adequate to                    6 Id.
                                                                                                                                                                     Exchange Act because it complies with
                                                    maintain their operational capability; (2)                7 A PMM posts two-sided continuous quotations          Regulation SCI’s requirements. ISE
                                                    mandate participation by designated                     in all of the options classes to which it is appointed   Gemini’s proposed rule designates only
                                                    members in scheduled testing of the                     and undertakes special responsibilities for              those PMMs it determines are necessary
                                                                                                            maintaining fair and orderly markets. PMM
                                                    operation of their business continuity                  memberships are represented by PMM Trading
                                                                                                                                                                     for the maintenance of a fair and orderly
                                                    and disaster recovery plans, including                  Rights. The options classes trading on ISE Gemini        market if the Exchange’s DR Plans are
                                                    backup systems, and to coordinate such                  are divided into groups or ‘‘bins’’, each with one       activated. Additionally, the proposal
                                                    testing on an industry- or sector-wide                  PMM. One PMM member may, however, represent              will ensure that the PMMs necessary to
                                                                                                            more than one bin.
                                                    basis with other SCI entities; (3) take                   8 A Linkage Handler is a broker that is unaffiliated
                                                                                                                                                                     ensure the maintenance of a fair and
                                                    corrective action with respect to ‘‘SCI                 with the Exchange with which the Exchange has            orderly market are properly designated
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    events’’ (such as systems disruptions,                  contracted with to provide routing services, by          consistent with Rule 1004 of Regulation
                                                    systems compliance issues, and systems                  routing certain orders, to other exchanges as agent      SCI. Specifically, as proposed, the
                                                                                                            in connection with the Options Order Protection
                                                    intrusions), and to notify the                          and Locked/Crossed Market Plan. See .03 to
                                                                                                                                                                     Exchange will adopt clear and objective
                                                                                                            Supplementary Material to Rule 1901.
                                                      4 Id.                                                   9 Securities Exchange Act Release No. 76331              11 This criteria will be published by the Exchange,

                                                      5 Division of Trading and Markets, Responses to       (November 3, 2015), 80 FR 69266 (November 9,             in a regulatory information circular, no later than
                                                    Frequently Asked Questions Concerning Regulation        2015), SR–ISE Gemini-2015–23 and .02 of                  the effective date of this rule filing.
                                                                                                            Supplementary Material to Rule 803.                        12 15 U.S.C. 78f(b).
                                                    SCI at https://www.sec.gov/divisions/marketreg/
                                                    regulation-sci-faq.shtml.                                 10 Id.                                                   13 15 U.S.C. 78f(b)(5).




                                               VerDate Sep<11>2014   17:40 Mar 14, 2016   Jkt 238001   PO 00000   Frm 00095   Fmt 4703   Sfmt 4703   E:\FR\FM\15MRN1.SGM     15MRN1


                                                    13866                           Federal Register / Vol. 81, No. 50 / Tuesday, March 15, 2016 / Notices

                                                    criteria with respect to the designation                  provided the Commission with written                  Washington, DC 20549, on official
                                                    of PMMs that are required to participate                  notice of its intent to file the proposed             business days between the hours of
                                                    in the testing of the Exchange’s DR                       rule change, along with a brief                       10:00 a.m. and 3:00 p.m. Copies of such
                                                    Plans, as well as appropriate                             description and text of the proposed                  filing also will be available for
                                                    notification regarding such designation.                  rule change, at least five business days              inspection and copying at the principal
                                                    As set forth in the SCI Adopting                          prior to the date of filing the proposed              office of the Exchange. All comments
                                                    Release, ‘‘SROs have the authority, and                   rule change, or such shorter time as                  received will be posted without change;
                                                    legal responsibility, under section 6 of                  designated by the Commission, as                      the Commission does not edit personal
                                                    the Exchange Act, to adopt and enforce                    required by Rule 19b–4(f)(6).                         identifying information from
                                                    rules (including rules to comply with                        At any time within 60 days of the                  submissions. You should submit only
                                                    Regulation SCI’s requirements relating                    filing of such proposed rule change, the              information that you wish to make
                                                    to [business continuity and disaster                      Commission summarily may                              available publicly. All submissions
                                                    recovery] testing) applicable to their                    temporarily suspend such rule change if               should refer to File Number SR–ISE
                                                    members or participants that are                          it appears to the Commission that such                Gemini–2016–02 and should be
                                                    designed to, among other things, foster                   action is necessary or appropriate in the             submitted byApril 5, 2016.
                                                    cooperation and coordination with                         public interest, for the protection of
                                                                                                              investors, or otherwise in furtherance of               For the Commission, by the Division of
                                                    persons engaged in regulating, clearing,
                                                                                                              the purposes of the Act. If the                       Trading and Markets, pursuant to delegated
                                                    settling, processing information with
                                                                                                              Commission takes such action, the                     authority.17
                                                    respect to, and facilitating transactions
                                                    in securities, to remove impediments to                   Commission shall institute proceedings                Robert W. Errett,
                                                    and perfect the mechanism of a free and                   to determine whether the proposed rule                Deputy Secretary.
                                                    open market and a national market                         should be approved or disapproved.                    [FR Doc. 2016–05755 Filed 3–14–16; 8:45 am]
                                                    system, and, in general, to protect                       IV. Solicitation of Comments                          BILLING CODE 8011–01–P
                                                    investors and the public interest.’’ 14
                                                    The Exchange believes that this                             Interested persons are invited to
                                                    proposal is consistent with such                          submit written data, views, and
                                                                                                                                                                    SECURITIES AND EXCHANGE
                                                    authority and legal responsibility.                       arguments concerning the foregoing,
                                                                                                                                                                    COMMISSION
                                                                                                              including whether the proposed rule
                                                    B. Self-Regulatory Organization’s                         change is consistent with the Act.
                                                    Statement on Burden on Competition                        Comments may be submitted by any of                   [Release No. 34–77329; File No. SR–EDGX–
                                                                                                              the following methods:                                2016–16]
                                                       This proposed rule change does not
                                                    impose any burden on competition that                     Electronic Comments                                   Self-Regulatory Organizations; Bats
                                                    is not necessary or appropriate in
                                                                                                                • Use the Commission’s Internet                     EDGX Exchange, Inc. f/k/a EDGX
                                                    furtherance of the purposes of the                                                                              Exchange, Inc.; Notice of Filing and
                                                                                                              comment form http://www.sec.gov/
                                                    Exchange Act because ISE Gemini is                                                                              Immediate Effectiveness of a Proposed
                                                                                                              rules/sro.shtml; or
                                                    implementing the requirements of                            • Send an email to rule-comments@                   Rule Change Related to Fees as they
                                                    Regulation SCI.                                           sec.gov. Please include File No. SR–ISE               Apply to the Equity Options Platform.
                                                    C. Self-Regulatory Organization’s                         Gemini–2016–02 on the subject line.
                                                                                                                                                                    March 9, 2016.
                                                    Statement on Comments on the                              Paper Comments
                                                    Proposed Rule Change Received From                                                                                 Pursuant to Section 19(b)(1) of the
                                                    Members, Participants or Others                              • Send paper comments in triplicate                Securities Exchange Act of 1934 (the
                                                                                                              to Brent J. Fields, Secretary, Securities             ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                       The Exchange has neither solicited                     and Exchange Commission, 100 F Street                 notice is hereby given that on March 1,
                                                    nor received written comments on this                     NE., Washington, DC 20549–1090.                       2016, Bats EDGX Exchange, Inc. f/k/a
                                                    proposed rule change. The Exchange                        All submissions should refer to File                  EDGX Exchange, Inc. (the ‘‘Exchange’’
                                                    has not received any written comments                     Number SR–ISE Gemini–2016–02. This                    or ‘‘EDGX’’) filed with the Securities
                                                    from members or other interested                          file number should be included on the
                                                    parties.                                                                                                        and Exchange Commission
                                                                                                              subject line if email is used. To help the            (‘‘Commission’’) the proposed rule
                                                    III. Date of Effectiveness of the                         Commission process and review your                    change as described in Items I, II and III
                                                    Proposed Rule Change and Timing for                       comments more efficiently, please use                 below, which Items have been prepared
                                                    Commission Action                                         only one method. The Commission will                  by the Exchange. The Exchange has
                                                                                                              post all comments on the Commissions                  designated the proposed rule change as
                                                       Because the foregoing proposed rule
                                                                                                              Internet Web site (http://www.sec.gov/                one establishing or changing a member
                                                    change does not significantly affect the
                                                                                                              rules/sro.shtml). Copies of the                       due, fee, or other charge imposed by the
                                                    protection of investors or the public
                                                                                                              submission, all subsequent                            Exchange under Section 19(b)(3)(A)(ii)
                                                    interest, does not impose any significant
                                                                                                              amendments, all written statements                    of the Act 3 and Rule 19b–4(f)(2)
                                                    burden on competition, and, by its
                                                                                                              with respect to the proposed rule                     thereunder,4 which renders the
                                                    terms, does not become operative for 30
                                                                                                              change that are filed with the                        proposed rule change effective upon
                                                    days from the date on which it was
                                                                                                              Commission, and all written                           filing with the Commission. The
                                                    filed, or such shorter time as the
                                                                                                              communications relating to the
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    Commission may designate, it has                                                                                Commission is publishing this notice to
                                                                                                              proposed rule change between the                      solicit comments on the proposed rule
                                                    become effective pursuant to section
                                                                                                              Commission and any person, other than                 change from interested persons.
                                                    19(b)(3)(A) of the Act 15 and Rule 19b–
                                                                                                              those that may be withheld from the
                                                    4(f)(6) thereunder.16 The Exchange
                                                                                                              public in accordance with the                           17 17 CFR 200.30–3(a)(12).
                                                      14 See   SCI Adopting Release, supra note 4 at
                                                                                                              provisions of 5 U.S.C. 552, will be                     1 15 U.S.C. 78s(b)(1).
                                                    72350.                                                    available for Web site viewing and                      2 17 CFR 240.19b–4.
                                                      15 15 U.S.C. 78s(b)(3)(A).                              printing in the Commission’s Public                     3 15 U.S.C. 78s(b)(3)(A)(ii).
                                                      16 17 CFR 240.19b–4(f)(6).                              Reference Room, 100 F Street NE.,                       4 17 CFR 240.19b–4(f)(2).




                                               VerDate Sep<11>2014     17:40 Mar 14, 2016   Jkt 238001   PO 00000   Frm 00096   Fmt 4703   Sfmt 4703   E:\FR\FM\15MRN1.SGM    15MRN1



Document Created: 2016-03-15 04:07:22
Document Modified: 2016-03-15 04:07:22
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 13864 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR