81_FR_22004 81 FR 21933 - Self-Regulatory Organizations; ISE Mercury; Notice of Filing 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 21933 - Self-Regulatory Organizations; ISE Mercury; Notice of Filing 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 71 (April 13, 2016)

Page Range21933-21935
FR Document2016-08428

Federal Register, Volume 81 Issue 71 (Wednesday, April 13, 2016)
[Federal Register Volume 81, Number 71 (Wednesday, April 13, 2016)]
[Notices]
[Pages 21933-21935]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-08428]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77556; File No. SR-ISE Mercury-2016-08]


Self-Regulatory Organizations; ISE Mercury; Notice of Filing 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

April 7, 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 March 31, 2016, ISE Mercury, LLC (the ``Exchange'' or ``ISE 
Mercury'') 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.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend 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

[[Page 21934]]

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 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 Mercury. 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 
adopted Rules 803 and 1903 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 Mercury 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\ On January 8, 2016, ISE Mercury submitted Amendment No. 2 to 
the Form 1 Application, which included an amended Rule 803 to comply 
with the requirements of Regulation SCI. ISE Mercury's amended Rule 
803 followed the rule filings by ISE Mercury's affiliated exchanges, 
International Securities Exchange, LLC and ISE Gemini, LLC, which 
amended Rule 803 to comply with the requirements of Regulation SCI. 
See Exchange Act Release No. 76334 (November 3, 2015) 80 FR 69258 
(November 9, 2015) (SR-ISE-2015-35) and Exchange Act Release No. 
76332 (November 3, 2015), 80 FR 69266 (November 9, 2015) (SR-ISE 
Gemini-2015-23).
    \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 
ISE Mercury 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).

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

[[Page 21935]]

    The Exchange believes the proposed rule revision is consistent with 
the Exchange Act because it complies with Regulation SCI's 
requirements. ISE Mercury'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 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 Mercury 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 Mercury-2016-08 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 Mercury-2016-08. 
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 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 Mercury-2016-08 and 
should be submitted by May 4, 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. 2016-08428 Filed 4-12-16; 8:45 am]
BILLING CODE 8011-01-P



                                                                                           Federal Register / Vol. 81, No. 71 / Wednesday, April 13, 2016 / Notices                                                                                     21933

                                                    concerning the securities of each of the                                   Exchange Commission has                                                     their registered agent with an
                                                    issuers detailed below because                                             independently endeavored to determine                                       operational address. The staff of the
                                                    questions have arisen as to their                                          whether any of the issuers below are                                        Securities and Exchange Commission
                                                    operating status, if any. Each of the                                      operating. Each of the issuers below                                        also determined that none of the issuers
                                                    issuers below is quoted on OTC Link                                        either confirmed that they were no                                          below has filed any information with
                                                    operated by OTC Markets Group, Inc.                                        longer operating or were now private                                        OTC Markets Group, Inc. or the
                                                    OTC Markets Group, Inc., however, has                                      companies, failed to respond to the                                         Securities and Exchange Commission
                                                    been unable to contact each of these                                       Commission’s inquiry about their                                            for the past year.
                                                    issuers for more than one year. In                                         operating status, did not have an
                                                    addition, the staff of the Securities and                                  operational address, or failed to provide

                                                                                                                                                                                                                                                 Information
                                                                                                                                      Issuer                                                                                          Ticker      regarding
                                                                                                                                                                                                                                               operating status *

                                                    1. Business Marketing Services, Inc .............................................................................................................................                 BMSV                     1
                                                    2. Diversified Corporate Resources, Inc .......................................................................................................................                   HIRD                     1
                                                    3. Great Lakes Recreation Co ......................................................................................................................................               GLRC                     1
                                                    4. Green Nature USA, Inc .............................................................................................................................................            GRTU                     1
                                                    5. Green St. Energy, Inc ...............................................................................................................................................          GSTY                     1
                                                    6. International Total Services, Inc ...............................................................................................................................              ITSW                     2
                                                    7. J.P. Cabot Realty, Inc ...............................................................................................................................................         JPCB                     1
                                                    8. Multicom Publishing ..................................................................................................................................................         MNET                     1
                                                    9. Pan American Resources, Inc ..................................................................................................................................                 PNAR                     1
                                                    10. Printron, Inc .............................................................................................................................................................   PRNI                     1
                                                    11. Seaboard Associates, Inc .......................................................................................................................................              SAOA                     1
                                                    12. Sona Mobile Holdings Group, Ltd ...........................................................................................................................                   SNMBQ                    1
                                                    13. Standard Holdings Group, Ltd ................................................................................................................................                 SNDH                     2
                                                    14. TraceGuard Technologies, Inc ................................................................................................................................                 TCGD                     1
                                                    15. Tradings.net, Inc .....................................................................................................................................................       TDNC                     1
                                                    16. US-Worldlink.com, Inc .............................................................................................................................................           USWL                     1
                                                    17. Versadial, Inc ..........................................................................................................................................................     VSDL                     1
                                                    18. Voxcorp, Inc ............................................................................................................................................................     VOXR                     1
                                                    19. W3OTC, Inc ............................................................................................................................................................       WOTC                     1
                                                      * Below are explanations for each of the codes used in the above table:
                                                      1=The Securities and Exchange Commission attempted to contact the issuer and either the Commission did not receive a response to its let-
                                                    ter, the letters were returned as undeliverable, or the registered agent responded that they had no forwarding address for the issuer.
                                                      2=The Securities and Exchange Commission was able to contact the issuer, which informed the Commission that either the issuer was no
                                                    longer operating or was now a private company.


                                                       The Commission is of the opinion that                                   SECURITIES AND EXCHANGE                                                     solicit comments on the proposed rule
                                                    the public interest and the protection of                                  COMMISSION                                                                  change from interested persons.
                                                    investors require a suspension of trading                                                                                                              I. Self-Regulatory Organization’s
                                                    in the securities of the above-listed                                      [Release No. 34–77556; File No. SR–ISE
                                                                                                                               Mercury–2016–08]                                                            Statement of the Terms of Substance of
                                                    companies.                                                                                                                                             the Proposed Rule Change
                                                       Therefore, it is ordered, pursuant to                                   Self-Regulatory Organizations; ISE                                             The Exchange proposes to amend
                                                    Section 12(k) of the Securities Exchange                                   Mercury; Notice of Filing of Proposed                                       Rule 803, Obligations of Market Makers,
                                                    Act of 1934, that trading in the                                           Rule Change To Limit Mandatory                                              to limit mandatory participation in
                                                    securities of the above-listed companies                                   Participation in Scheduled Functional                                       scheduled functional and performance
                                                    is suspended for the period from 9:30                                      and Performance Testing Under                                               testing, under Regulation Systems
                                                    a.m. EDT on April 11, 2016, through                                        Regulation SCI to Only Those Primary                                        Compliance and Integrity (‘‘Regulation
                                                    11:59 p.m. EDT on April 22, 2016.                                          Market Makers That Meet Specified                                           SCI’’),3 to those Primary Market Makers
                                                       By the Commission.
                                                                                                                               Criteria                                                                    (‘‘PMMs’’) that contribute a meaningful
                                                                                                                                                                                                           percentage of the Exchange’s overall
                                                    Jill M. Peterson,                                                          April 7, 2016.
                                                                                                                                                                                                           volume, measured on a quarterly or
                                                    Assistant Secretary.                                                          Pursuant to section 19(b)(1) of the                                      monthly basis. The Exchange proposes
                                                    [FR Doc. 2016–08611 Filed 4–11–16; 4:15 pm]                                Securities Exchange Act of 1934 (the                                        to also consider other factors in
                                                    BILLING CODE 8011–01–P
                                                                                                                               ‘‘Act’’),1 and Rule 19b–4 thereunder,2                                      determining the PMMs that will be
                                                                                                                               notice is hereby given that on March 31,                                    required to participate in scheduled
                                                                                                                               2016, ISE Mercury, LLC (the                                                 functional and performance testing of
                                                                                                                               ‘‘Exchange’’ or ‘‘ISE Mercury’’) filed                                      the Exchange’s business continuity and
                                                                                                                               with the Securities and Exchange
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                                                                                                                           disaster recovery plans (collectively
                                                                                                                               Commission the proposed rule change                                         ‘‘DR Plans’’), including average daily
                                                                                                                               as described in Items I, II, and III below,                                 volume traded on the Exchange
                                                                                                                               which Items have been prepared by the                                       measured on a quarterly or monthly
                                                                                                                               self-regulatory organization. The                                           basis, or PMMs that collectively account
                                                                                                                               Commission is publishing this notice to
                                                                                                                                                                                                             3 See Securities Exchange Act Release No. 73639
                                                                                                                                  1 15 U.S.C. 78s(b)(1).                                                   (November 19, 2014), 79 FR 72252 (December 5,
                                                                                                                                  2 17 CFR 240.19b–4.                                                      2014) (‘‘SCI Adopting Release’’).



                                               VerDate Sep<11>2014         17:41 Apr 12, 2016         Jkt 238001      PO 00000        Frm 00098       Fmt 4703       Sfmt 4703      E:\FR\FM\13APN1.SGM              13APN1


                                                    21934                        Federal Register / Vol. 81, No. 71 / Wednesday, April 13, 2016 / Notices

                                                    for a certain percentage of market share                and disaster recovery plans, including                    participation in scheduled functional
                                                    on the Exchange or within a specific                    backup systems, and to coordinate such                    and performance testing, under
                                                    product. In addition, the Exchange                      testing on an industry- or sector-wide                    Regulation SCI and ISE Mercury Rule
                                                    proposes to publish the criteria to be                  basis with other SCI entities; (3) take                   803, to those PMMs that contribute a
                                                    used by the Exchange to determine                       corrective action with respect to ‘‘SCI                   meaningful percentage of the
                                                    which PMMs will be required to                          events’’ (such as systems disruptions,                    Exchange’s overall volume, measured
                                                    participate in such testing, and notify                 systems compliance issues, and systems                    on a quarterly or monthly basis. The
                                                    those PMMs that are required to                         intrusions), and to notify the                            Exchange proposes to consider other
                                                    participate based on such criteria. The                 Commission of such events; (4)                            factors in determining which PMMs will
                                                    text of the proposed rule change is                     disseminate information about certain                     be required to participate in scheduled
                                                    available on the Exchange’s Web site at                 SCI events to affected members and, for                   functional and performance testing,
                                                    www.ise.com, at the principal office of                 certain ‘‘major’’ SCI events, to all                      including average daily volume traded
                                                    the Exchange, and at the Commission’s                   members; and (5) review their systems                     on the Exchange measured on a
                                                    Public Reference Room.                                  by objective, qualified personnel at least                quarterly or monthly basis, or PMMs
                                                                                                            annually, to submit quarterly reports                     that collectively account for a certain
                                                    II. Self-Regulatory Organization’s                      regarding completed, ongoing, and
                                                    Statement of the Purpose of, and                                                                                  percentage of market share on the
                                                                                                            planned material changes to their SCI                     Exchange or within a specific product.
                                                    Statutory Basis for, the Proposed Rule                  systems to the Commission, and to
                                                    Change                                                                                                            The Exchange represents that it will
                                                                                                            maintain certain books and records.6                      publish the criteria 11 to be used by the
                                                       In its filing with the Commission, the                 In accordance with Rule 1004 of                         Exchange to determine which PMMs
                                                    self-regulatory organization included                   Regulation SCI, the Exchange adopted                      will be required to participate in such
                                                    statements concerning the purpose of,                   Rules 803 and 1903 to designate all                       testing, and notify those PMMs that are
                                                    and basis for, the proposed rule change                 PMMs 7 and Linkage Handlers,8 as the                      required to participate based on such
                                                    and discussed any comments it received                  minimum necessary for the                                 criteria.
                                                    on the proposed rule change. The text                   maintenance of a fair and orderly                            The Exchange notes that it encourages
                                                    of these statements may be examined at                  market should the Exchange’s DR Plans                     all PMMs to connect to the Exchange’s
                                                    the places specified in Item IV below.                  be activated.9 The Exchange also                          backup systems and to participate in
                                                    The Exchange has prepared summaries,                    mandated participation by designated                      testing of such systems. However, in
                                                    set forth in sections A, B, and C below,                members in scheduled functional and                       revising the requirements in proposed
                                                    of the most significant aspects of such                 performance testing of the operation of                   Rule 803, the rule will subject only
                                                    statements.                                             such DR Plans.10                                          those PMMs to mandatory testing that
                                                                                                              The Exchange has reevaluated its                        the Exchange believes are, taken as a
                                                    A. Self-Regulatory Organization’s                       designation of all PMMs as the
                                                    Statement of the Purpose of, and                                                                                  whole, the minimum necessary to
                                                                                                            minimum necessary for the
                                                    Statutory Basis for, the Proposed Rule                                                                            maintain fair and orderly markets. The
                                                                                                            maintenance of a fair and orderly
                                                    Change                                                                                                            Exchange believes that designating
                                                                                                            market should the Exchange’s DR Plans
                                                                                                                                                                      PMMs to participate in mandatory
                                                    1. Purpose                                              be activated and now believes that
                                                                                                                                                                      testing because they, for example,
                                                                                                            designating all PMMs is more than the
                                                       On November 19, 2014, the Securities                                                                           account for a significant portion of the
                                                                                                            minimum necessary to maintain a fair
                                                    and Exchange Commission                                                                                           Exchange’s overall volume or
                                                                                                            and orderly market should its DR Plans
                                                    unanimously voted to adopt Regulation                                                                             collectively account for a certain
                                                                                                            be activated. The Exchange proposes to
                                                    SCI, which is a set of rules designed to                                                                          percentage of market share on the
                                                                                                            revise Rule 803 and limit mandatory
                                                    strengthen the technology infrastructure                                                                          Exchange is a reasonable means to
                                                    of the U.S. securities markets.4                          6 Id.                                                   ensure the maintenance of a fair and
                                                    Specifically, the rules are designed to                    7 A PMM posts two-sided continuous quotations          orderly market on the Exchange should
                                                    reduce the occurrence of systems issues,                in all of the options classes to which it is appointed    its DR Plans be activated.
                                                    improve resiliency when systems                         and undertakes special responsibilities for
                                                                                                            maintaining fair and orderly markets. PMM                 2. Statutory Basis
                                                    problems do occur, and enhance the                      memberships are represented by PMM Trading
                                                    Commission’s oversight and                              Rights. The options classes trading on ISE Mercury          The Exchange believes that the
                                                    enforcement of securities market                        are divided into groups or ‘‘bins’’, each with one        proposed rule change is consistent with
                                                    technology infrastructure.5                             PMM. One PMM member may, however, represent               the requirements of the Act, and the
                                                                                                            more than one bin.
                                                       Regulation SCI applies to ‘‘SCI                         8 A Linkage Handler is a broker that is unaffiliated
                                                                                                                                                                      rules and regulations thereunder that
                                                    entities,’’ a term which includes SROs                  with the Exchange with which the Exchange has             are applicable to a national securities
                                                    such as ISE Mercury. Regulation SCI                     contracted with to provide routing services, by           exchange, and, in particular, with the
                                                    requires SCI entities to, among other                   routing certain orders, to other exchanges as agent       requirements of section 6(b) of the
                                                                                                            in connection with the Options Order Protection           Act.12 In particular, the proposal is
                                                    things, (1) establish written policies and              and Locked/Crossed Market Plan. See .03 to
                                                    procedures reasonably designed to                       Supplementary Material to Rule 1901.                      consistent with section 6(b)(5) of the
                                                    ensure that their systems have levels of                   9 On January 8, 2016, ISE Mercury submitted            Act,13 because it is designed to promote
                                                    capacity, integrity, resiliency,                        Amendment No. 2 to the Form 1 Application,                just and equitable principles of trade,
                                                    availability, and security adequate to                  which included an amended Rule 803 to comply              remove impediments to and perfect the
                                                                                                            with the requirements of Regulation SCI. ISE
                                                    maintain their operational capability; (2)                                                                        mechanisms of a free and open market
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                            Mercury’s amended Rule 803 followed the rule
                                                    mandate participation by designated                     filings by ISE Mercury’s affiliated exchanges,            and a national market system and, in
                                                    members in scheduled testing of the                     International Securities Exchange, LLC and ISE            general, to protect investors and the
                                                                                                            Gemini, LLC, which amended Rule 803 to comply             public interest.
                                                    operation of their business continuity                  with the requirements of Regulation SCI. See
                                                                                                            Exchange Act Release No. 76334 (November 3,
                                                      4 Id.                                                                                                             11 This criteria will be published by the Exchange,
                                                                                                            2015) 80 FR 69258 (November 9, 2015) (SR–ISE–
                                                      5 Division of Trading and Markets, Responses to       2015–35) and Exchange Act Release No. 76332               in a regulatory information circular, no later than
                                                    Frequently Asked Questions Concerning Regulation        (November 3, 2015), 80 FR 69266 (November 9,              the effective date of this rule filing.
                                                                                                            2015) (SR–ISE Gemini–2015–23).                              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).




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                                                                                   Federal Register / Vol. 81, No. 71 / Wednesday, April 13, 2016 / Notices                                                 21935

                                                      The Exchange believes the proposed                      III. Date of Effectiveness of the                     only one method. The Commission will
                                                    rule revision is consistent with the                      Proposed Rule Change and Timing for                   post all comments on the Commissions
                                                    Exchange Act because it complies with                     Commission Action                                     Internet Web site (http://www.sec.gov/
                                                    Regulation SCI’s requirements. ISE                           Because the foregoing proposed rule                rules/sro.shtml). Copies of the
                                                    Mercury’s proposed rule designates only                   change does not significantly affect the              submission, all subsequent
                                                    those PMMs it determines are necessary                    protection of investors or the public                 amendments, all written statements
                                                    for the maintenance of a fair and orderly                 interest, does not impose any significant             with respect to the proposed rule
                                                    market if the Exchange’s DR Plans are                     burden on competition, and, by its                    change that are filed with the
                                                    activated. Additionally, the proposal                     terms, does not become operative for 30               Commission, and all written
                                                    will ensure that the PMMs necessary to                    days from the date on which it was                    communications relating to the
                                                    ensure the maintenance of a fair and                      filed, or such shorter time as the                    proposed rule change between the
                                                                                                              Commission may designate, it has                      Commission and any person, other than
                                                    orderly market are properly designated
                                                                                                              become effective pursuant to section                  those that may be withheld from the
                                                    consistent with Rule 1004 of Regulation
                                                                                                              19(b)(3)(A) of the Act 15 and Rule 19b–               public in accordance with the
                                                    SCI. Specifically, as proposed, the
                                                                                                              4(f)(6) thereunder.16 The Exchange                    provisions of 5 U.S.C. 552, will be
                                                    Exchange will adopt clear and objective                                                                         available for viewing and printing in the
                                                    criteria with respect to the designation                  provided the Commission with written
                                                                                                              notice of its intent to file the proposed             Commission’s Public Reference Room,
                                                    of PMMs that are required to participate                                                                        100 F Street NE., Washington DC 20549,
                                                    in the testing of the Exchange’s DR                       rule change, along with a brief
                                                                                                              description and text of the proposed                  on official business days between the
                                                    Plans, as well as appropriate                                                                                   hours of 10:00 a.m. and 3:00 p.m.
                                                    notification regarding such designation.                  rule change, at least five business days
                                                                                                              prior to the date of filing the proposed              Copies of such filing also will be
                                                    As set forth in the SCI Adopting                                                                                available for inspection and copying at
                                                                                                              rule change, or such shorter time as
                                                    Release, ‘‘SROs have the authority, and                                                                         the principal office of the Exchange. All
                                                                                                              designated by the Commission, as
                                                    legal responsibility, under section 6 of                  required by Rule 19b–4(f)(6).                         comments received will be posted
                                                    the Exchange Act, to adopt and enforce                       At any time within 60 days of the                  without change; the Commission does
                                                    rules (including rules to comply with                     filing of such proposed rule change, the              not edit personal identifying
                                                    Regulation SCI’s requirements relating                    Commission summarily may                              information from submissions. You
                                                    to [business continuity and disaster                      temporarily suspend such rule change if               should submit only information that
                                                    recovery] testing) applicable to their                    it appears to the Commission that such                you wish to make available publicly. All
                                                    members or participants that are                          action is necessary or appropriate in the             submissions should refer to File
                                                    designed to, among other things, foster                   public interest, for the protection of                Number SR–ISE Mercury–2016–08 and
                                                    cooperation and coordination with                         investors, or otherwise in furtherance of             should be submitted by May 4, 2016.
                                                    persons engaged in regulating, clearing,                  the purposes of the Act. If the                         For the Commission, by the Division of
                                                    settling, processing information with                     Commission takes such action, the                     Trading and Markets, pursuant to delegated
                                                    respect to, and facilitating transactions                 Commission shall institute proceedings                authority.17
                                                    in securities, to remove impediments to                   to determine whether the proposed rule                Robert W. Errett,
                                                    and perfect the mechanism of a free and                   should be approved or disapproved.                    Deputy Secretary.
                                                    open market and a national market                         IV. Solicitation of Comments                          [FR Doc. 2016–08428 Filed 4–12–16; 8:45 am]
                                                    system, and, in general, to protect                                                                             BILLING CODE 8011–01–P
                                                    investors and the public interest.’’ 14                     Interested persons are invited to
                                                                                                              submit written data, views, and
                                                    The Exchange believes that this
                                                                                                              arguments concerning the foregoing,                   SECURITIES AND EXCHANGE
                                                    proposal is consistent with such
                                                                                                              including whether the proposed rule                   COMMISSION
                                                    authority and legal responsibility.
                                                                                                              change is consistent with the Act.
                                                                                                              Comments may be submitted by any of                   [Release No. 34–77557; File No. SR–Phlx–
                                                    B. Self-Regulatory Organization’s                                                                               2016–40]
                                                    Statement on Burden on Competition                        the following methods:
                                                                                                              Electronic Comments                                   Self-Regulatory Organizations;
                                                       This proposed rule change does not                                                                           NASDAQ PHLX LLC; Notice of Filing
                                                    impose any burden on competition that                       • Use the Commission’s Internet                     and Immediate Effectiveness of
                                                    is not necessary or appropriate in                        comment form http://www.sec.gov/                      Proposed Rule Change Relating to
                                                    furtherance of the purposes of the                        rules/sro.shtml); or                                  PIXL
                                                    Exchange Act because ISE Mercury is                         • Send an Email to rule-comments@
                                                    implementing the requirements of                          sec.gov. Please include File No. SR–ISE               April 7, 2016.
                                                    Regulation SCI.                                           Mercury–2016–08 on the subject line.                     Pursuant to Section 19(b)(1) of the
                                                                                                              Paper Comments                                        Securities Exchange Act of 1934
                                                    C. Self-Regulatory Organization’s                                                                               (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                    Statement on Comments on the                                 • Send paper comments in triplicate                notice is hereby given that on March 24,
                                                    Proposed Rule Change Received From                        to Brent J. Fields, Secretary, Securities             2016, NASDAQ PHLX LLC (‘‘Phlx’’ or
                                                    Members, Participants or Others                           and Exchange Commission, 100 F Street                 ‘‘Exchange’’) filed with the Securities
                                                                                                              NE., Washington, DC 20549–1090.                       and Exchange Commission (‘‘SEC’’ or
                                                       The Exchange has neither solicited
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                              All submissions should refer to File                  ‘‘Commission’’) the proposed rule
                                                    nor received written comments on this                     Number SR–ISE Mercury–2016–08. This                   change as described in Items I and II
                                                    proposed rule change. The Exchange                        file number should be included on the                 below, which Items have been prepared
                                                    has not received any written comments                     subject line if email is used. To help the            by the Exchange. The Commission is
                                                    from members or other interested                          Commission process and review your                    publishing this notice to solicit
                                                    parties.                                                  comments more efficiently, please use
                                                                                                                                                                      17 17 CFR 200.30–3(a)(12).
                                                      14 See                                                    15 15 U.S.C. 78s(b)(3)(A).                            1 15 U.S.C. 78s(b)(1).
                                                               SCI Adopting Release, supra note 4 at
                                                    72350.                                                      16 17 CFR 240.19b–4(f)(6).                            2 17 CFR 240.19b–4.




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Document Created: 2016-04-13 03:10:36
Document Modified: 2016-04-13 03:10:36
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 21933 

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