81_FR_33663 81 FR 33561 - Self-Regulatory Organizations; International Securities Exchange, LLC; Order Approving Proposed Rule Change Related to Market Wide Risk Protection

81 FR 33561 - Self-Regulatory Organizations; International Securities Exchange, LLC; Order Approving Proposed Rule Change Related to Market Wide Risk Protection

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 81, Issue 102 (May 26, 2016)

Page Range33561-33563
FR Document2016-12384

Federal Register, Volume 81 Issue 102 (Thursday, May 26, 2016)
[Federal Register Volume 81, Number 102 (Thursday, May 26, 2016)]
[Notices]
[Pages 33561-33563]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-12384]


=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77875; File No. SR-ISE-2016-08]


Self-Regulatory Organizations; International Securities Exchange, 
LLC; Order Approving Proposed Rule Change Related to Market Wide Risk 
Protection

May 20, 2016.

I. Introduction

    On March 17, 2016, the International Securities Exchange, LLC (the 
``Exchange'' or ``ISE'') filed with the Securities and Exchange 
Commission (``Commission'') pursuant to Section 19(b)(1) of the 
Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 
thereunder,\2\ a proposed rule change to introduce new activity-based 
risk protection functionality. The proposed rule change was published 
for comment in the Federal Register on April 6, 2016.\3\ No comment 
letters were received in response to this proposal. This order approves 
the proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 77489 (Mar. 31, 
2016), 81 FR 20004 (``Notice'').
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II. Description of the Proposed Rule Change

    The Exchange proposed to introduce two activity-based risk 
protection measures that will be mandatory for all members: (1) The 
``Order Entry Rate Protection,'' which prevents members from entering 
orders at a rate that exceeds predefined thresholds,\4\ and (2) the 
``Order Execution Rate Protection,'' which prevents members from 
executing orders at a rate that exceeds their predefined risk settings 
(together, ``Market Wide Risk Protection''). The Exchange will announce 
the implementation date of the proposed rule in a circular to be 
distributed to members prior to implementation.\5\
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    \4\ The Exchange stated that it will initiate the Order Entry 
Rate Protection pre-open, but in a manner that allows members time 
to load their orders without inadvertently triggering the 
protection. The Exchange further noted that it will establish and 
communicate the precise initiation time via circular and prior to 
implementation. See Notice, supra note 3, at 20004 n.4.
    \5\ See Notice, supra note 3, at 20004.
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    Pursuant to proposed Rule 714(d), ``Market Wide Risk Protection,'' 
the Exchange's trading system (the ``System'') will maintain one or 
more counting programs on behalf of each member that will track the 
number of orders entered and the number of contracts traded on ISE or, 
if chosen by the member, across both ISE and its affiliate, ISE Gemini, 
LLC (``ISE Gemini'').\6\ Members may also use multiple counting 
programs to separate risk protections for different groups established 
within the member.\7\ The counting programs will maintain separate 
counts, over rolling time periods specified by the member, for each 
count of: (1) The total number of orders entered in the regular order 
book; (2) the total number of orders entered in the complex order book 
with only options legs; (3) the total number of orders entered in the 
complex order book with both stock and options legs; (4) the total 
number of contracts traded in regular orders; and (5) the total number 
of contracts traded in complex orders with only options legs.\8\
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    \6\ Members may set different risk parameters for their trading 
activity on each exchange, or they may set risk parameters that 
apply to their trading across both ISE and ISE Gemini. See proposed 
Rule 714(d).
    \7\ The Exchange stated that it will explain how members can go 
about setting up risk protections for different groups (e.g., 
business units) in a circular issued to members. See Notice, supra 
note 3, at 20004-05 n.7.
    \8\ See proposed Rule 714(d). The Exchange clarified that a 
member's allowable order rate for the Order Entry Rate Protection 
will be comprised of parameters (1) to (3), while the allowable 
contract execution rate for the Order Execution Rate Protection will 
be comprised of parameters (4) and (5). The Exchange further 
explained that contracts executed on the agency and contra-side of a 
two-sided crossing order will be counted separately for the Order 
Execution Rate Protection. See Notice, supra note 3, at 20005.
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    According to the Exchange, members will have the discretion to 
establish the applicable time period for each of the counts maintained 
under the Market Wide Risk Protection, provided that the selected 
period is within minimum and maximum time parameters that will be 
established by the Exchange and announced via circular.\9\ By contrast, 
the Exchange's proposal does not establish minimum or maximum values 
for any of the order entry or execution parameters described in (1) 
through (5) above. Nevertheless, the Exchange will establish default 
values \10\ for the time period, order entry, and contracts traded 
parameters in a circular to be distributed to members. The Exchange 
represented that such default values will apply only to members that do 
not submit their own parameters for the Market Wide Risk Protection 
measures.\11\
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    \9\ Id. The Exchange stated that it anticipated setting these 
minimum and maximum time parameters at one second and a full trading 
day, respectively. See Notice, supra note 3, at 20005 n.9.
    \10\ See proposed Rule 714(d); see also Notice, supra note 3, at 
20005.
    \11\ Id.
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    The Exchange further proposed to use separate counts for regular 
orders, complex options orders,\12\ and complex orders with a stock 
component,\13\ as it believed that members may want to have different 
risk settings for these instruments. If the Market Wide Risk Protection 
is triggered based on any count, however, proposed Rule 714(d) states 
that the triggered action (discussed below) will be taken across the 
entire market--with respect to all products traded in both simple and 
complex instruments and across ISE (or,

[[Page 33562]]

if set by the member, across ISE and ISE Gemini).\14\
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    \12\ The Exchange explained that the contract execution count 
for complex orders with only options legs will be the sum of the 
number of contracts executed with respect to each leg. Id.
    \13\ Complex orders that contain a stock component will not be 
included as part of the complex order execution count. The Exchange 
stated its belief that the separate components of stock-option 
orders (i.e., options components executed in contracts and stock 
components executed in shares) could not be combined in a way that 
would provide a meaningful measure of risk exposure. See Notice, 
supra note 3, at 20005 n.10.
    \14\ Proposed Rule 714(d)(1); see also Notice, supra note 3, at 
20005.
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    Under proposed Rule 714(d), the System will trigger the Market Wide 
Risk Protection when it determines that the member has either (1) 
entered a number of orders exceeding its designated allowable order 
rate for the specified time period, or (2) executed a number of 
contracts exceeding its designated allowable contract execution rate 
for the specified time period.\15\ If the member's thresholds have been 
exceeded in either simple or complex instruments, the Market Wide Risk 
Protection will be triggered and the System will automatically reject 
all subsequent incoming orders entered by the member on ISE or, if set 
by the member, across both ISE and ISE Gemini.\16\ In addition, if the 
member has opted in to this functionality, the System will 
automatically cancel all of the member's existing orders.\17\ The 
Market Wide Risk Protection will remain engaged until the member 
manually (e.g., via email) notifies the Exchange to enable the 
acceptance of new orders.\18\
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    \15\ Id.; see also proposed Rule 714(d)(1). Specifically, after 
a member enters or executes an order, the System will look back over 
the specified time period to determine whether the member has 
exceeded the relevant thresholds. See Notice, supra note 3, at 
20005. In the Notice, the Exchange provided examples illustrating 
how the Market Wide Risk Protection functionality would work both 
for order entry and order execution protections. See Notice, supra 
note 3, at 20005-06.
    \16\ According to the Exchange, members that set different risk 
parameters for ISE and ISE Gemini will only have their orders 
rejected on the exchange whose threshold was exceeded. See Notice, 
supra note 3, at 20005 n.11.
    \17\ Proposed Rule 714(d)(2).
    \18\ Proposed Rule 714(d)(3). Members who have not opted to 
cancel all existing orders under proposed Rule 714(d)(2), however, 
will still be able to interact with their existing orders entered 
before the Market Wide Risk Protection was triggered. For instance, 
such members may send cancel order messages and/or receive trade 
executions for those orders. Id.; see also Notice, supra note 3, at 
20005.
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III. Discussion and Commission Findings

    After careful review, the Commission finds that the proposed rule 
change is consistent with the requirements of Section 6 of the Act \19\ 
and rules and regulations thereunder applicable to a national 
securities exchange.\20\ In particular, the Commission finds that the 
proposed rule change is consistent with the requirements of Section 
6(b)(5) of the Act, which requires, among other things, that the rules 
of a national securities exchange be designed to promote just and 
equitable principles of trade, to 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.\21\
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    \19\ 15 U.S.C. 78f(b).
    \20\ In approving these proposed rule changes, the Commission 
has considered the proposed rules' impact on efficiency, 
competition, and capital formation. See 15 U.S.C. 78c(f).
    \21\ 15 U.S.C. 78f(b)(5).
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    The Commission believes that the Exchange's proposed activity-based 
order protections will provide an additional tool to members to assist 
them in managing their risk exposure.\22\ Specifically, the Commission 
believes that the Market Wide Risk Protection functionality may help 
members to mitigate the potential risks associated with entering and/or 
executing a level of orders that exceeds their risk management 
thresholds that may result from, for example, technology issues with 
electronic trading systems. Further, the Commission notes that other 
exchanges have established risk protection mechanisms for members and 
market makers that are similar in many respects to ISE's proposal.\23\
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    \22\ The Exchange currently provides members with limit order 
price protections that reject orders priced too far outside of the 
Exchange's best bid or offer. See ISE Rule 714(b)(2).
    \23\ See, e.g., Miami International Securities Exchange, LLC 
Rule 519A (``Risk Protection Monitor''); BATS BZX Exchange, Inc. 
Rule 21.16 (``Risk Monitor Mechanism'').
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    Proposed Rule 714(d) imposes a mandatory obligation on ISE members 
to utilize the Market Wide Risk Protection functionality. The 
Commission notes that, although the Exchange will establish minimum and 
maximum permissible parameters for the time period values, members will 
have discretion to set the threshold values for the order entry and 
order execution parameters.\24\ If members do not independently set 
such parameters, they will be subject to the default parameters 
established by ISE.\25\ While the Commission believes that the 
Exchange's proposed rule provides members flexibility to tailor the 
Market Wide Risk Protection to their respective risk management needs, 
the Commission reminds members to be mindful of their obligations to, 
among other things, seek best execution of orders they handle on an 
agency basis and consider their best execution obligations when 
establishing parameters for the Market Wide Risk Protection or 
utilizing the default parameters set by ISE.\26\ For example, an 
abnormally low order entry parameter, set over an abnormally long 
specified time period should be carefully scrutinized, particularly if 
a member's order flow to ISE contains agency orders. To the extent that 
a member chooses sensitive parameters, a member should consider the 
effect of its chosen settings on its ability to receive a timely 
execution on marketable agency orders that it sends to ISE in various 
market conditions. The Commission cautions brokers considering their 
best execution obligations to be aware that the agency orders they 
represent may be rejected as a result of the Market Wide Risk 
Protection functionality.
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    \24\ The Exchange has represented that it anticipates that the 
minimum and maximum values for the applicable time period will be 
initially set at one second and a full trading day, respectively, 
which the Commission believes gives members wide latitude in 
establishing the applicable time periods. See Notice, supra note 3, 
at 20005 n.9.
    \25\ Proposed Rule 714(d).
    \26\ See Securities Exchange Act Release No. 37619A (Sept. 6, 
1996), 61 FR 48290, at 48323 (Sept. 12, 1996) (Order Execution 
Obligations adopting release); see also Securities Exchange Act 
Release No. 51808 (June 9, 2005), 70 FR 37496, 37537-8 (June 29, 
2005) (Regulation NMS adopting release).
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    As discussed above, ISE determined not to establish minimum and 
maximum permissible settings for the order entry and order execution 
parameters in its rule and indicated its intent to set a minimum and 
maximum for the time period parameters that provide broad discretion to 
members (i.e., one second and a full trading day, respectively).\27\ In 
light of these broad limits, the Commission expects ISE to periodically 
assess whether the Market Wide Risk Protection measures are operating 
in a manner that is consistent with the promotion of fair and orderly 
markets, including whether the default values and minimum and maximum 
permissible parameters for the applicable time period established by 
ISE continue to be appropriate and operate in a manner consistent with 
the Act and the rules thereunder.
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    \27\ See Notice, supra note 3, at 20005 n.9; see also supra note 
24.
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    Finally, the Commission believes that it is consistent with the Act 
for ISE to offer its Market Wide Risk Protection across both ISE and 
its affiliate, ISE Gemini, as such functionality could assist members 
in managing and reducing inadvertent exposure to excessive risk across 
both of these markets if the member desires to avail itself of that 
feature. Further, the Commission notes that it previously approved 
ISE's proposal to offer cross-market risk protections for market maker 
quotes, and approval of the cross-market application of the Market Wide 
Risk Protection functionality is consistent with that prior 
approval.\28\
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    \28\ See ISE Rule 804(g); see also Securities Exchange Act 
Release No. 73147 (Sept. 19, 2014), 79 FR 57639 (Sept. 25, 2014) 
(SR-ISE-2014-09) (approval order).

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[[Page 33563]]

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the 
Act,\29\ that the proposed rule change (SR-ISE-2016-08) be, and hereby 
is, approved.
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    \29\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\30\
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    \30\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-12384 Filed 5-25-16; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                 Federal Register / Vol. 81, No. 102 / Thursday, May 26, 2016 / Notices                                                         33561

                                                in connection with the revised date is                     introduce new activity-based risk                        (4) the total number of contracts traded
                                                reprinted below.                                           protection functionality. The proposed                   in regular orders; and (5) the total
                                                                                                           rule change was published for comment                    number of contracts traded in complex
                                                Stanley F. Mires,
                                                                                                           in the Federal Register on April 6,                      orders with only options legs.8
                                                Attorney, Federal Compliance.
                                                                                                           2016.3 No comment letters were                             According to the Exchange, members
                                                Decision of the Governors of the United                    received in response to this proposal.                   will have the discretion to establish the
                                                States Postal Service Concerning                           This order approves the proposed rule                    applicable time period for each of the
                                                Revised Implementation Date of Mail                        change.                                                  counts maintained under the Market
                                                Classification Schedule Changes for                        II. Description of the Proposed Rule                     Wide Risk Protection, provided that the
                                                Priority Mail International Flat Rate                      Change                                                   selected period is within minimum and
                                                Envelopes and Priority Mail                                                                                         maximum time parameters that will be
                                                International Small Flat Rate Boxes                           The Exchange proposed to introduce
                                                                                                           two activity-based risk protection                       established by the Exchange and
                                                (Governors’ Decision No. 16–2)                                                                                      announced via circular.9 By contrast,
                                                                                                           measures that will be mandatory for all
                                                May 12, 2016.                                              members: (1) The ‘‘Order Entry Rate                      the Exchange’s proposal does not
                                                                                                           Protection,’’ which prevents members                     establish minimum or maximum values
                                                Statement of Explanation and                                                                                        for any of the order entry or execution
                                                Justification                                              from entering orders at a rate that
                                                                                                           exceeds predefined thresholds,4 and (2)                  parameters described in (1) through (5)
                                                   Pursuant to section 404(b) and                                                                                   above. Nevertheless, the Exchange will
                                                                                                           the ‘‘Order Execution Rate Protection,’’
                                                Chapter 36 of title 39, United States                                                                               establish default values 10 for the time
                                                                                                           which prevents members from
                                                Code, Governors’ Decision No. 16–1                                                                                  period, order entry, and contracts traded
                                                                                                           executing orders at a rate that exceeds
                                                established classification changes to                                                                               parameters in a circular to be
                                                                                                           their predefined risk settings (together,
                                                Priority Mail International Flat Rate                                                                               distributed to members. The Exchange
                                                Envelopes (PMI FREs) and PMI Small                         ‘‘Market Wide Risk Protection’’). The
                                                                                                           Exchange will announce the                               represented that such default values
                                                Flat Rate Boxes (PMI SFRBs) to be                                                                                   will apply only to members that do not
                                                effective June 3, 2016.                                    implementation date of the proposed
                                                                                                           rule in a circular to be distributed to                  submit their own parameters for the
                                                   Due to operational considerations, I                                                                             Market Wide Risk Protection
                                                hereby revise the implementation date                      members prior to implementation.5
                                                                                                              Pursuant to proposed Rule 714(d),                     measures.11
                                                of the classification changes set forth in
                                                Governors’ Decision No. 16–1 as                            ‘‘Market Wide Risk Protection,’’ the                       The Exchange further proposed to use
                                                indicated in our order below.                              Exchange’s trading system (the                           separate counts for regular orders,
                                                                                                           ‘‘System’’) will maintain one or more                    complex options orders,12 and complex
                                                Order                                                      counting programs on behalf of each                      orders with a stock component,13 as it
                                                   The changes in classification to PMI                    member that will track the number of                     believed that members may want to
                                                FREs and PMI SFRBs established in                          orders entered and the number of                         have different risk settings for these
                                                Governors’ Decision No. 16–1 shall be                      contracts traded on ISE or, if chosen by                 instruments. If the Market Wide Risk
                                                effective on August 28, 2016.                              the member, across both ISE and its                      Protection is triggered based on any
                                                  By The Governors:                                        affiliate, ISE Gemini, LLC (‘‘ISE                        count, however, proposed Rule 714(d)
                                                  James H. Bilbray                                         Gemini’’).6 Members may also use                         states that the triggered action
                                                Chairman, Temporary Emergency Committee                    multiple counting programs to separate                   (discussed below) will be taken across
                                                  of the Board of Governors                                risk protections for different groups                    the entire market—with respect to all
                                                [FR Doc. 2016–12400 Filed 5–25–16; 8:45 am]                established within the member.7 The                      products traded in both simple and
                                                BILLING CODE 7710–12–P                                     counting programs will maintain                          complex instruments and across ISE (or,
                                                                                                           separate counts, over rolling time
                                                                                                           periods specified by the member, for                       8 See proposed Rule 714(d). The Exchange

                                                                                                           each count of: (1) The total number of                   clarified that a member’s allowable order rate for
                                                SECURITIES AND EXCHANGE                                                                                             the Order Entry Rate Protection will be comprised
                                                COMMISSION                                                 orders entered in the regular order book;                of parameters (1) to (3), while the allowable contract
                                                                                                           (2) the total number of orders entered in                execution rate for the Order Execution Rate
                                                [Release No. 34–77875; File No. SR–ISE–                    the complex order book with only                         Protection will be comprised of parameters (4) and
                                                2016–08]                                                   options legs; (3) the total number of                    (5). The Exchange further explained that contracts
                                                                                                                                                                    executed on the agency and contra-side of a two-
                                                Self-Regulatory Organizations;                             orders entered in the complex order                      sided crossing order will be counted separately for
                                                International Securities Exchange,                         book with both stock and options legs;                   the Order Execution Rate Protection. See Notice,
                                                                                                                                                                    supra note 3, at 20005.
                                                LLC; Order Approving Proposed Rule                            3 See Securities Exchange Act Release No. 77489         9 Id. The Exchange stated that it anticipated
                                                Change Related to Market Wide Risk                         (Mar. 31, 2016), 81 FR 20004 (‘‘Notice’’).               setting these minimum and maximum time
                                                Protection                                                    4 The Exchange stated that it will initiate the       parameters at one second and a full trading day,
                                                                                                           Order Entry Rate Protection pre-open, but in a           respectively. See Notice, supra note 3, at 20005 n.9.
                                                May 20, 2016.                                              manner that allows members time to load their              10 See proposed Rule 714(d); see also Notice,

                                                                                                           orders without inadvertently triggering the              supra note 3, at 20005.
                                                I. Introduction                                            protection. The Exchange further noted that it will        11 Id.

                                                   On March 17, 2016, the International                    establish and communicate the precise initiation           12 The Exchange explained that the contract

                                                Securities Exchange, LLC (the                              time via circular and prior to implementation. See       execution count for complex orders with only
                                                                                                           Notice, supra note 3, at 20004 n.4.                      options legs will be the sum of the number of
                                                ‘‘Exchange’’ or ‘‘ISE’’) filed with the                       5 See Notice, supra note 3, at 20004.
                                                                                                                                                                    contracts executed with respect to each leg. Id.
sradovich on DSK3TPTVN1PROD with NOTICES




                                                Securities and Exchange Commission                            6 Members may set different risk parameters for         13 Complex orders that contain a stock component
                                                (‘‘Commission’’) pursuant to Section                       their trading activity on each exchange, or they may     will not be included as part of the complex order
                                                19(b)(1) of the Securities Exchange Act                    set risk parameters that apply to their trading across   execution count. The Exchange stated its belief that
                                                of 1934 (‘‘Act’’) 1 and Rule 19b–4                         both ISE and ISE Gemini. See proposed Rule 714(d).       the separate components of stock-option orders (i.e.,
                                                                                                              7 The Exchange stated that it will explain how        options components executed in contracts and
                                                thereunder,2 a proposed rule change to                     members can go about setting up risk protections         stock components executed in shares) could not be
                                                                                                           for different groups (e.g., business units) in a         combined in a way that would provide a
                                                  1 15   U.S.C. 78s(b)(1).                                 circular issued to members. See Notice, supra note       meaningful measure of risk exposure. See Notice,
                                                  2 17   CFR 240.19b–4.                                    3, at 20004–05 n.7.                                      supra note 3, at 20005 n.10.



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                                                33562                          Federal Register / Vol. 81, No. 102 / Thursday, May 26, 2016 / Notices

                                                if set by the member, across ISE and ISE                things, that the rules of a national                    parameters set by ISE.26 For example, an
                                                Gemini).14                                              securities exchange be designed to                      abnormally low order entry parameter,
                                                   Under proposed Rule 714(d), the                      promote just and equitable principles of                set over an abnormally long specified
                                                System will trigger the Market Wide                     trade, to remove impediments to and                     time period should be carefully
                                                Risk Protection when it determines that                 perfect the mechanisms of a free and                    scrutinized, particularly if a member’s
                                                the member has either (1) entered a                     open market and a national market                       order flow to ISE contains agency
                                                number of orders exceeding its                          system, and, in general, to protect                     orders. To the extent that a member
                                                designated allowable order rate for the                 investors and the public interest.21                    chooses sensitive parameters, a member
                                                specified time period, or (2) executed a                   The Commission believes that the                     should consider the effect of its chosen
                                                number of contracts exceeding its                       Exchange’s proposed activity-based                      settings on its ability to receive a timely
                                                designated allowable contract execution                 order protections will provide an                       execution on marketable agency orders
                                                rate for the specified time period.15 If                additional tool to members to assist                    that it sends to ISE in various market
                                                the member’s thresholds have been                       them in managing their risk exposure.22                 conditions. The Commission cautions
                                                exceeded in either simple or complex                    Specifically, the Commission believes                   brokers considering their best execution
                                                instruments, the Market Wide Risk                       that the Market Wide Risk Protection                    obligations to be aware that the agency
                                                Protection will be triggered and the                    functionality may help members to                       orders they represent may be rejected as
                                                System will automatically reject all                    mitigate the potential risks associated                 a result of the Market Wide Risk
                                                subsequent incoming orders entered by                   with entering and/or executing a level of               Protection functionality.
                                                the member on ISE or, if set by the                     orders that exceeds their risk                             As discussed above, ISE determined
                                                member, across both ISE and ISE                         management thresholds that may result                   not to establish minimum and
                                                Gemini.16 In addition, if the member has                from, for example, technology issues                    maximum permissible settings for the
                                                opted in to this functionality, the                     with electronic trading systems. Further,               order entry and order execution
                                                System will automatically cancel all of                 the Commission notes that other                         parameters in its rule and indicated its
                                                the member’s existing orders.17 The                     exchanges have established risk                         intent to set a minimum and maximum
                                                Market Wide Risk Protection will                        protection mechanisms for members                       for the time period parameters that
                                                remain engaged until the member                         and market makers that are similar in                   provide broad discretion to members
                                                manually (e.g., via email) notifies the                 many respects to ISE’s proposal.23                      (i.e., one second and a full trading day,
                                                Exchange to enable the acceptance of                       Proposed Rule 714(d) imposes a                       respectively).27 In light of these broad
                                                new orders.18                                           mandatory obligation on ISE members                     limits, the Commission expects ISE to
                                                                                                        to utilize the Market Wide Risk                         periodically assess whether the Market
                                                III. Discussion and Commission                          Protection functionality. The                           Wide Risk Protection measures are
                                                Findings                                                Commission notes that, although the                     operating in a manner that is consistent
                                                   After careful review, the Commission                 Exchange will establish minimum and                     with the promotion of fair and orderly
                                                finds that the proposed rule change is                  maximum permissible parameters for                      markets, including whether the default
                                                consistent with the requirements of                     the time period values, members will                    values and minimum and maximum
                                                Section 6 of the Act 19 and rules and                   have discretion to set the threshold                    permissible parameters for the
                                                regulations thereunder applicable to a                  values for the order entry and order                    applicable time period established by
                                                national securities exchange.20 In                      execution parameters.24 If members do                   ISE continue to be appropriate and
                                                particular, the Commission finds that                   not independently set such parameters,                  operate in a manner consistent with the
                                                the proposed rule change is consistent                  they will be subject to the default                     Act and the rules thereunder.
                                                with the requirements of Section 6(b)(5)                parameters established by ISE.25 While                     Finally, the Commission believes that
                                                of the Act, which requires, among other                 the Commission believes that the                        it is consistent with the Act for ISE to
                                                                                                        Exchange’s proposed rule provides                       offer its Market Wide Risk Protection
                                                  14 Proposed Rule 714(d)(1); see also Notice, supra    members flexibility to tailor the Market                across both ISE and its affiliate, ISE
                                                note 3, at 20005.                                       Wide Risk Protection to their respective                Gemini, as such functionality could
                                                  15 Id.; see also proposed Rule 714(d)(1).
                                                                                                        risk management needs, the                              assist members in managing and
                                                Specifically, after a member enters or executes an      Commission reminds members to be
                                                order, the System will look back over the specified
                                                                                                                                                                reducing inadvertent exposure to
                                                time period to determine whether the member has         mindful of their obligations to, among                  excessive risk across both of these
                                                exceeded the relevant thresholds. See Notice, supra     other things, seek best execution of                    markets if the member desires to avail
                                                note 3, at 20005. In the Notice, the Exchange           orders they handle on an agency basis                   itself of that feature. Further, the
                                                provided examples illustrating how the Market           and consider their best execution
                                                Wide Risk Protection functionality would work
                                                                                                                                                                Commission notes that it previously
                                                both for order entry and order execution                obligations when establishing                           approved ISE’s proposal to offer cross-
                                                protections. See Notice, supra note 3, at 20005–06.     parameters for the Market Wide Risk                     market risk protections for market
                                                  16 According to the Exchange, members that set        Protection or utilizing the default                     maker quotes, and approval of the cross-
                                                different risk parameters for ISE and ISE Gemini                                                                market application of the Market Wide
                                                will only have their orders rejected on the exchange      21 15  U.S.C. 78f(b)(5).
                                                whose threshold was exceeded. See Notice, supra                                                                 Risk Protection functionality is
                                                                                                          22 The   Exchange currently provides members
                                                note 3, at 20005 n.11.                                                                                          consistent with that prior approval.28
                                                                                                        with limit order price protections that reject orders
                                                  17 Proposed Rule 714(d)(2).
                                                                                                        priced too far outside of the Exchange’s best bid or
                                                  18 Proposed Rule 714(d)(3). Members who have                                                                    26 See Securities Exchange Act Release No.
                                                                                                        offer. See ISE Rule 714(b)(2).
                                                not opted to cancel all existing orders under              23 See, e.g., Miami International Securities         37619A (Sept. 6, 1996), 61 FR 48290, at 48323
                                                proposed Rule 714(d)(2), however, will still be able    Exchange, LLC Rule 519A (‘‘Risk Protection              (Sept. 12, 1996) (Order Execution Obligations
                                                to interact with their existing orders entered before   Monitor’’); BATS BZX Exchange, Inc. Rule 21.16          adopting release); see also Securities Exchange Act
sradovich on DSK3TPTVN1PROD with NOTICES




                                                the Market Wide Risk Protection was triggered. For      (‘‘Risk Monitor Mechanism’’).                           Release No. 51808 (June 9, 2005), 70 FR 37496,
                                                instance, such members may send cancel order               24 The Exchange has represented that it              37537–8 (June 29, 2005) (Regulation NMS adopting
                                                messages and/or receive trade executions for those      anticipates that the minimum and maximum values         release).
                                                orders. Id.; see also Notice, supra note 3, at 20005.   for the applicable time period will be initially set      27 See Notice, supra note 3, at 20005 n.9; see also
                                                  19 15 U.S.C. 78f(b).                                  at one second and a full trading day, respectively,     supra note 24.
                                                  20 In approving these proposed rule changes, the      which the Commission believes gives members               28 See ISE Rule 804(g); see also Securities

                                                Commission has considered the proposed rules’           wide latitude in establishing the applicable time       Exchange Act Release No. 73147 (Sept. 19, 2014),
                                                impact on efficiency, competition, and capital          periods. See Notice, supra note 3, at 20005 n.9.        79 FR 57639 (Sept. 25, 2014) (SR–ISE–2014–09)
                                                formation. See 15 U.S.C. 78c(f).                           25 Proposed Rule 714(d).                             (approval order).



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                                                                               Federal Register / Vol. 81, No. 102 / Thursday, May 26, 2016 / Notices                                                  33563

                                                IV. Conclusion                                          comment letters were received in                       would be displayed on the order book)
                                                  It is therefore ordered, pursuant to                  response to the Notice. This order                     that would be executed in its entirety
                                                Section 19(b)(2) of the Act,29 that the                 approves the proposed rule change, as                  against one or more contra party, or not
                                                proposed rule change (SR–ISE–2016–08)                   modified by Amendment No. 1.                           at all.10 If a NYSE Bonds AON Order is
                                                be, and hereby is, approved.                                                                                   not executed in full, NYSE Bonds would
                                                                                                        II. Description of the Proposed Rule
                                                                                                                                                               post the order to the order book at its
                                                  For the Commission, by the Division of                Change                                                 limit price until it is executed in full, or
                                                Trading and Markets, pursuant to delegated                 The Exchange proposes to amend
                                                authority.30                                                                                                   is cancelled. Incoming contra-side
                                                                                                        Rule 86 to add NYSE Bonds Fill-or-Kill                 orders that cannot meet the AON
                                                Robert W. Errett,
                                                                                                        Order, NYSE Bonds All-or-None Order                    quantity may trade at or bypass the
                                                Deputy Secretary.                                       and NYSE Bonds Minimum Quantity                        price of the NYSE Bonds AON Order. A
                                                [FR Doc. 2016–12384 Filed 5–25–16; 8:45 am]             Order as new order types to the NYSE                   NYSE Bonds AON Order would not
                                                BILLING CODE 8011–01–P                                  Bonds platform,5 and to codify the                     participate in either the Opening Bond
                                                                                                        operation of NYSE Bonds Good ‘Til Date                 Auction or the Core Bond Auction and
                                                                                                        Order and NYSE Bonds Timed Order                       the order is eligible for execution only
                                                SECURITIES AND EXCHANGE                                 that, according to the Exchange, are                   during the trading session for which it
                                                COMMISSION                                              currently available on the NYSE Bonds                  is designated. A NYSE Bonds AON
                                                [Release No. 34–77880; File No. SR–NYSE–                platform.6 The Exchange also proposes                  Order must be designated as ‘‘day,’’
                                                2016–17]                                                to amend the definition of IMP to                      ‘‘good ‘til cancelled,’’ or ‘‘good ‘til
                                                                                                        provide greater detail as to how an IMP                date.’’ 11
                                                Self-Regulatory Organizations; New                      is established with respect to Bond                       The Exchange also proposes to adopt
                                                York Stock Exchange LLC; Order                          Auctions.                                              the NYSE Bonds Minimum Quantity
                                                Approving Proposed Rule Change, as                         The Exchange proposes to adopt the                  Order, a NYSE Bonds Limit Order
                                                Modified by Amendment No. 1 Thereto,                    NYSE Bonds Fill-or-Kill Order (‘‘NYSE                  (whose minimum quantity contingency
                                                To Add Additional Order Types to the                    Bonds FOK Order’’), a NYSE Bonds                       would be displayed on the order book)
                                                NYSE BondsSM Platform, Codify                           Limit Order that would be executed                     that would trade against one or more
                                                Functionality of Order Types Currently                  immediately in its entirety at the best                contra side orders, provided the order’s
                                                Available on NYSE Bonds, and Provide                    price available against a single contra                quantity requirement is met.12 In the
                                                Greater Detail as to How an Indicative                  party and, if not executed immediately                 event there is not enough contra-side
                                                Match Price Is Established With                         in its entirety, would be cancelled.7 A                liquidity available at the time a NYSE
                                                Respect to Bond Auctions                                NYSE Bonds FOK Order would be                          Bonds Minimum Quantity Order is
                                                May 20, 2016.                                           eligible to participate in all trading                 submitted, NYSE Bonds would post the
                                                                                                        sessions,8 but could be executed only                  order on the order book at its limit price
                                                I. Introduction                                         during the trading session in which the                until it is executed in full, or is
                                                   On March 16, 2016, New York Stock                    order is sent; otherwise the order would               cancelled. Incoming contra-side orders
                                                Exchange LLC (‘‘NYSE’’ or the                           be rejected. A NYSE Bonds FOK Order                    that cannot meet the minimum quantity
                                                ‘‘Exchange’’) filed with the Securities                 cannot participate in either the Opening               may trade at or bypass the price of a
                                                and Exchange Commission                                 Bond Auction or the Core Bond                          NYSE Bonds Minimum Quantity Order.
                                                (‘‘Commission’’) pursuant to Section                    Auction.9                                              A NYSE Bonds Minimum Quantity
                                                19(b)(1) of the Securities Exchange Act                    The Exchange proposes to adopt the                  Order would be rejected if the minimum
                                                of 1934 (‘‘Act’’) 1 and Rule 19b–4                      NYSE Bonds All-or-None Order (‘‘NYSE                   quantity entered on the order is greater
                                                thereunder,2 a proposed rule change to                  Bonds AON Order’’), a NYSE Bonds                       than the total number of bonds of the
                                                amend Rule 86 to add additional order                   Limit Order (whose AON contingency                     order. A NYSE Bonds Minimum
                                                types to the NYSE BondsSM platform, to                                                                         Quantity Order may be partially
                                                                                                           5 NYSE Bonds is the Exchange’s electronic system
                                                codify functionality of order types                                                                            executed as long as each partial
                                                currently available on NYSE Bonds, and                  for receiving, processing, executing and reporting
                                                                                                        bids, offers, and executions in bonds. See Notice,     execution is for the minimum number of
                                                to amend the definition of Indicative                   supra note 4, at 19672. NYSE Bonds currently           bonds or greater. If a balance remains
                                                Match Price (‘‘IMP’’) in current Rule                   allows Users to submit limit orders and reserve        after one or more partial executions and
                                                86(b)(2)(G) to provide greater detail as to             orders. Current Rule 86(b)(2)(M) defines a User as     such balance is for less than the
                                                how an IMP is established with respect                  any Member or Member Organization, Sponsored
                                                                                                        Participant, or Authorized Trader that is authorized   minimum quantity specified on the
                                                to Bond Auctions. On March 29, 2016,                    to access NYSE Bonds. A NYSE Bonds Limit Order         order, such balance would be treated as
                                                the Exchange filed Amendment No. 1 to                   and a NYSE Bonds Reserve Order are defined in          a regular limit order and placed on the
                                                the proposal.3 The proposed rule change                 current Rules 86(b)(2)(B) and (C), respectively. The   order book in price-time priority. A
                                                was published for comment in the                        Exchange is also proposing non-substantive
                                                                                                        organizational changes to renumber sections of Rule    NYSE Bonds Minimum Quantity Order
                                                Federal Register on April 5, 2016.4 No                  86.                                                    would not participate in either the
                                                                                                           6 See Notice, supra note 4, at 19672.               Opening Bond Auction or the Core
                                                  29 15  U.S.C. 78s(b)(2).                                 7 A NYSE Bonds FOK Order cannot be a NYSE
                                                                                                                                                               Bond Auction and the order would be
                                                  30 17  CFR 200.30–3(a)(12).                           Bonds Reserve Order. See proposed Rule                 eligible for execution only in the trading
                                                   1 15 U.S.C. 78s(b)(1).                               86(b)(2)(B)(ii).
                                                   2 17 CFR 240.19b–4.                                     8 The Opening Bond Trading Session commences
                                                                                                                                                               session during which it was sent. A
                                                   3 In Amendment No. 1, the Exchange proposed          with the Opening Bond Auction at 4:00 a.m. ET and
                                                                                                                                                                 10 A NYSE Bonds AON Order cannot be a NYSE
                                                changes to amend the proposed rule text of Rule         concludes at 8:00 a.m. ET. See Rule 86(i)(1)(A). The
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                                                86(j)(A)(ii) in Exhibit 5 and the purpose section of    Core Bond Trading Session commences with the           Bonds Reserve Order. See proposed Rule
                                                each of the Form 19b–4 and Exhibit 1 to clarify the     Core Bond Auction at 8:00 a.m. ET and concludes        86(b)(2)(B)(ii).
                                                effective time used to determine the priority of        at 5:00 p.m. ET. See Rule 86(i)(2)(A). The Late Bond     11 The Notice provides additional details and

                                                Timed Orders. The Exchange also amended the             Trading Session commences at 5:00 p.m. ET and          examples related to the NYSE Bonds AON Order.
                                                purpose section of each of the Form 19b–4 and           concludes at 8:00 p.m. ET. See Rule 86(i)(3)(A).       See Notice, supra note 4, at 19672–73. See also
                                                Exhibit 1 to add that all-or-none and minimum              9 The Notice provides additional details and        proposed Rule 86(b)(2)(B)(viii).
                                                quantity contingencies are displayed.                   examples related to the NYSE Bonds FOK Order.            12 A NYSE Bonds Minimum Quantity Order
                                                   4 See Securities Exchange Act Release No. 77477      See Notice, supra note 4, at 19672. See also           cannot be a NYSE Bonds Reserve Order. See
                                                (March 30, 2016), 81 FR 19671 (‘‘Notice’’).             proposed Rule 86(b)(2)(B)(vii).                        proposed Rule 86(b)(2)(B)(ii).



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Document Created: 2016-05-26 01:13:17
Document Modified: 2016-05-26 01:13:17
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 33561 

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