82 FR 14066 - Self-Regulatory Organizations; ISE Gemini, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Adopt Fees for New Ports

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 50 (March 16, 2017)

Page Range		14066-14068
FR Document		2017-05220
Federal Register, Volume 82 Issue 50 (Thursday, March 16, 2017)
[Federal Register Volume 82, Number 50 (Thursday, March 16, 2017)]
[Notices]
[Pages 14066-14068]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-05220]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80213; File No. SR-ISEGemini-2017-10]


Self-Regulatory Organizations; ISE Gemini, LLC; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Adopt Fees for 
New Ports

March 10, 2017.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on February 27, 2017, ISE Gemini, LLC (``ISE Gemini'' or ``Exchange'') 
filed with the Securities and Exchange Commission (``SEC'' or 
``Commission'') the proposed rule change as described in Items I, II, 
and III, below, which Items have been prepared by the Exchange. The 
Commission is publishing this notice to solicit comments on the 
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend the Schedule of Fees to adopt fees 
for the new ports that members will use to connect to the Exchange 
following the migration of the Exchange's trading system to the Nasdaq 
INET architecture.
    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.

II. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements 
concerning the purpose of and basis for the proposed rule change and 
discussed any comments it received on the proposed rule change. The 
text of these statements may be examined at the places specified in 
Item IV below. The Exchange has prepared summaries, set forth in 
sections A, B, and C below, of the most significant aspects of such 
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The purpose of the proposed rule change is to amend the Schedule of 
Fees to adopt fees for the new ports that members will use to connect 
to the Exchange following the migration of the Exchange's trading 
system to the Nasdaq INET architecture.\3\ In particular, the Exchange 
proposes to adopt fees for the following connectivity options that will 
become available in connection with the re-platform of the Exchange's 
trading system: Specialized Quote Feed (``SQF''),\4\ SQF Purge,\5\ Ouch 
to Trade Options (``OTTO''),\6\ Clearing Trade Interface (``CTI''),\7\ 
Financial Information eXchange (``FIX''),\8\ FIX Drop,\9\ Disaster 
Recovery,\10\ and ITCH-to-Trade Options (``ITTO'').\11\
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    \3\ See Securities Exchange Act Release No. 80011 [sic] 
(February 10, 2017), 82 FR 10927 (February 16, 2017) (SR-ISEGemini-
2016-17 [sic]).
    \4\ SQF is an interface that allows market makers to connect and 
send quotes, sweeps and auction responses into ISE Gemini. Data 
includes the following: (1) Options Auction Notifications (e.g., 
opening imbalance, Flash, PIM, Solicitation and Facilitation or 
other information); (2) Options Symbol Directory Messages; (3) 
System Event Messages (e.g., start of messages, start of system 
hours, start of quoting, start of opening); (4) Option Trading 
Action Messages (e.g., halts, resumes); (5) Execution Messages (6) 
Quote Messages (quote/sweep messages, risk protection triggers or 
purge notifications).
    \5\ SQF Purge is a specific port for the SQF interface that only 
receives and notifies of purge requests from the market maker.
    \6\ OTTO is an interface that allows market participants to 
connect and send orders, auction orders and auction responses into 
ISE Gemini. Data includes the following: (1) Options Auction 
Notifications (e.g., Flash, PIM, Solicitation and Facilitation or 
other information); (2) Options Symbol Directory Messages; (3) 
System Event Messages (e.g., start of messages, start of system 
hours, start of quoting, start of opening); (5) Option Trading 
Action Messages (e.g., halts, resumes); (6) Execution Messages (7) 
Order Messages (order messages, risk protection triggers or purge 
notifications).
    \7\ CTI is a real-time clearing trade update is a message that 
is sent to a member after an execution has occurred and contains 
trade details. The message containing the trade details is also 
simultaneously sent to The Options Clearing Corporation. The 
information includes, among other things, the following: (i) The 
Clearing Member Trade Agreement or ``CMTA'' or The Options Clearing 
Corporation or ``OCC'' number; (ii) Exchange badge or house number; 
(iii) the Exchange internal firm identifier; and (iv) an indicator 
which will distinguish electronic and non-electronically delivered 
orders; (v) liquidity indicators and transaction type for billing 
purposes; (vi) capacity.
    \8\ FIX is an interface that allows market participants to 
connect and send orders and auction orders into ISE Gemini. Data 
includes the following: (1) Options Symbol Directory Messages; (2) 
System Event Messages (e.g., start of messages, start of system 
hours, start of quoting, start of opening); (3) Option Trading 
Action Messages (e.g., halts, resumes); (4) Execution Messages (5) 
Order Messages (order messages, risk protection triggers or purge 
notifications).
    \9\ FIX Drop is a real-time order and execution update is a 
message that is sent to a member after an order been received/
modified or an execution has occurred and contains trade details. 
The information includes, among other things, the following: (1) 
Executions (2) cancellations (3) modifications to an existing order 
(4) busts or post-trade corrections.
    \10\ Disaster Recovery ports provide connectivity to the 
exchange's disaster recovery data center in Chicago to be utilized 
in the event the exchange has to fail over during the trading day. 
DR Ports are available for SQF, SQF Purge, CTI, OTTO, FIX and FIX 
Drop.
    \11\ ITTO ports provide connectivity to the ISE Gemini 
Real[hyphen]time Depth of Market Raw Data Feed (``Depth Feed''). The 
Depth Feed, provides aggregate quotes and orders at the top five 
price levels on the Exchange, and provides subscribers with a 
consolidated view of tradable prices beyond the BBO, showing 
additional liquidity and enhancing transparency for ISE Gemini 
traded options. The data provided for each instrument includes the 
symbols (series and underlying security), put or call indicator, 
expiration date, the strike price of the series, and trading status. 
In addition, subscribers are provided with total quantity, customer 
quantity (if present), price, and side (i.e., bid/ask). This 
information is provided for each of the five indicated price levels 
on the Depth Feed. The feed also provides participants of imbalances 
on opening/reopening.

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[[Page 14067]]

    Currently, the Exchange charges Market Makers, i.e., Primary Market 
Makers (``PMMs'') and Competitive Market Makers (``CMM''), an API 
session fee of $100 per month per API for sessions used for quoting, 
order entry and listening. In addition, the Exchange charges Electronic 
Access Members (``EAMs'') that connect to the Exchange via API a 
session fee of $100 per session for month for access to ISE Gemini 
only, and $250 per month each for the first five sessions and $100 per 
month each additional session for connectivity to both ISE Gemini and 
the Exchange's affiliate, the International Securities Exchange, LLC 
(``ISE''). Finally, the Exchange charges EAMs that connect to the 
Exchange via FIX a session fee of $50 per session per month for access 
to ISE Gemini only, and $250 per month each for the first two sessions 
and $50 per month for each additional session for connectivity to both 
ISE Gemini and ISE.
    With the re-platform of the Exchange's trading system, the Exchange 
will now be offering a new set of ports for connecting to ISE Gemini--
i.e., SQF, SQF Purge, OTTO, and CTI, FIX, FIX Drop, Disaster Recovery, 
and ITTO. These connectivity options are the same as connectivity 
options currently used to connect to the Exchange's affiliates, 
including Nasdaq Phlx (``Phlx''), Nasdaq Options Market (``NOM''), and 
Nasdaq BX (``BX'').\12\ The Exchange now proposes to adopt fees for 
these ports.\13\ The proposed fees for these ports will be $0 per port 
per month. The Exchange believes that it is appropriate to provide 
these ports without charge during this initial migration period to 
avoid double charging members that are connected to both the current T7 
trading system and the new INET trading system. In addition, adding 
these port fees to the Schedule of Fees now will alert members to the 
fact that they will not be charged for access through these new 
connectivity options at this time. The current API/FIX session fees 
will remain in place as members are still using these connectivity 
options to connect to the Exchange during the migration of the 
Exchange's trading system to INET.\14\
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    \12\ See Phlx Pricing Schedule, VII. Other Member Fees, B. Port 
Fees; NOM Rules, Chapter XV Options Pricing, Sec. 3 NOM--Ports and 
other Services; BX Rules, Chapter XV Options Pricing, Sec. 3 BX--
Ports and other Services.
    \13\ Fees apply only to connectivity to the ISE Gemini INET 
trading system.
    \14\ The Exchange will eliminate current API/FIX session fees at 
a later date when those connectivity options are no longer available 
to members.
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with the provisions of Section 6 of the Act,\15\ in general, and 
Section 6(b)(4) of the Act,\16\ in particular, in that it is designed 
to provide for the equitable allocation of reasonable dues, fees, and 
other charges among its members and other persons using its facilities.
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    \15\ 15 U.S.C. 78f.
    \16\ 15 U.S.C. 78f(b)(4).
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    The Exchange believes that it is reasonable and equitable to adopt 
fees for the various ports used to connect to the Exchange's new INET 
trading system. As explained above, the ports that will be used to 
connect to the INET trading system are the same as ports currently used 
by the Exchange's affiliates. The Exchange has determined to offer 
these ports free of cost for the time being in order to aid in the 
migration of the Exchange's trading system to INET technology. Adding 
these port fees to the Schedule of Fees will clarify to members that 
they will not have to pay for access to both T7 and INET trading 
systems. The Exchange also does not believe that the proposed fee 
change is unfairly discriminatory as each of the proposed port fees are 
initially proposed to be free of charge for all members.
B. Self-Regulatory Organization's Statement on Burden on Competition
    In accordance with Section 6(b)(8) of the Act,\17\ the Exchange 
does not believe that the proposed rule change will impose any burden 
on intermarket or intramarket competition that is not necessary or 
appropriate in furtherance of the purposes of the Act. The proposed 
port fees will be offered initially free of cost to aid in the 
migration of the Exchange's trading system to Nasdaq INET technology. 
The Exchange operates in a highly competitive market in which market 
participants can readily direct their order flow to competing venues. 
In such an environment, the Exchange must continually review, and 
consider adjusting, its fees and rebates to remain competitive with 
other exchanges. For the reasons described above, the Exchange believes 
that the proposed fee changes reflect this competitive environment.
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    \17\ 15 U.S.C. 78f(b)(8).
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C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to Section 
19(b)(3)(A)(ii) of the Act.\18\ At any time within 60 days of the 
filing of the proposed rule change, the Commission summarily may 
temporarily suspend such rule change if it appears to the Commission 
that such action is: (i) Necessary or appropriate in the public 
interest; (ii) for the protection of investors; or (iii) otherwise in 
furtherance of the purposes of the Act. If the Commission takes such 
action, the Commission shall institute proceedings to determine whether 
the proposed rule should be approved or disapproved.
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    \18\ 15 U.S.C. 78s(b)(3)(A)(ii).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-ISEGemini-2017-10 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities 
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.
All submissions should refer to File Number SR-ISEGemini-2017-10. This 
file number should be included on the subject line if email is used. To 
help the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than

[[Page 14068]]

those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549, on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of the 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-ISEGemini-2017-10 and should 
be submitted on or before April 6, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\19\
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    \19\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-05220 Filed 3-15-17; 8:45 am]
 BILLING CODE 8011-01-P
14068 Federal Register / Vol. 82, No. 50 / Thursday, March 16, 2017 / Notices

those that may be withheld from the Bats BYX Exchange, Inc., Bats EDGA amended is attached as Exhibit A
public in accordance with the Exchange, Inc., Bats EDGX Exchange, hereto. The Commission is publishing
provisions of 5 U.S.C. 552, will be Inc., Chicago Stock Exchange, Inc., the this notice to solicit comments from
available for Web site viewing and Financial Industry Regulatory interested persons on the Thirteenth
printing in the Commission’s Public Authority, Inc. (‘‘FINRA’’), Investors Amendment.9
Reference Room, 100 F Street NE., Exchange LLC, NASDAQ BX, Inc.,2 II. Description of the Plan
Washington, DC 20549, on official NASDAQ PHLX LLC,3 The NASDAQ
business days between the hours of Stock Market LLC (‘‘Nasdaq’’), New Set forth in this Section II is the
10:00 a.m. and 3:00 p.m. Copies of the York Stock Exchange LLC (‘‘NYSE’’), statement of the purpose and summary
filing also will be available for NYSE Arca, Inc., NYSE MKT LLC, and of the Thirteenth Amendment, along
inspection and copying at the principal NYSE National Inc.4 (collectively, the with the information required by Rule
office of the Exchange. All comments ‘‘Participants’’) filed with the Securities 608(a)(4) and (5) under the Exchange
received will be posted without change; and Exchange Commission Act,10 prepared and submitted by the
the Commission does not edit personal (‘‘Commission’’) pursuant to Section Participants to the Commission.11
identifying information from 11A(a)(3) of the Securities Exchange Act A. Statement of Purpose and Summary
submissions. You should submit only of 1934 (‘‘Exchange Act’’) 5 and Rule 608 of the Plan Amendment
information that you wish to make thereunder,6 a proposal to amend the
The Participants filed the Plan on
available publicly. All submissions Plan (‘‘Thirteenth Amendment’’).7 The
April 5, 2011, to create a market-wide
should refer to File Number SR– proposal reflects changes unanimously
limit up-limit down mechanism
ISEGemini–2017–10 and should be approved by the Participants. The
intended to address extraordinary
submitted on or before April 6, 2017. Thirteenth Amendment proposes to
market volatility in NMS Stocks, as
For the Commission, by the Division of extend the pilot period of the Plan for defined in Rule 600(b)(47) of Regulation
Trading and Markets, pursuant to delegated one year and to authorize the Processor NMS under the Exchange Act. The Plan
authority.19 to disseminate information provided by sets forth procedures that provide for
Eduardo A. Aleman, the Primary Listing Exchange in market-wide limit up-limit down
Assistant Secretary. connection with a reopening after a requirements that would prevent trades
[FR Doc. 2017–05220 Filed 3–15–17; 8:45 am]
Trading Pause,8 as discussed below. A in individual NMS Stocks from
copy of the Plan, as proposed to be occurring outside of the specified price
BILLING CODE 8011–01–P
bands. These limit up-limit down
69287, 78 FR 21483 (April 10, 2013). On August 27,
2013, the Commission noticed for immediate requirements are coupled with Trading
SECURITIES AND EXCHANGE effectiveness the Fourth Amendment to the Plan. Pauses, as defined in Section I(Y) of the
COMMISSION See Securities Exchange Act Release No. 70273, 78 Plan, to accommodate more
FR 54321 (September 3, 2013). On September 26, fundamental price moves. In particular,
[Release No. 34–80203; File No. 4–631] 2013, the Commission approved the Fifth
Amendment to the Plan. See Securities Exchange
the Participants adopted this Plan to
Joint Industry Plan; Notice of Filing of Act Release No. 70530, 78 FR 60937 (October 2, address the type of sudden price
the Thirteenth Amendment to the 2013). On January 7, 2014, the Commission noticed movements that the market experienced
for immediate effectiveness the Sixth Amendment on the afternoon of May 6, 2010.
National Market System Plan To to the Plan. See Securities Exchange Act Release As set forth in more detail in the Plan,
Address Extraordinary Market No. 71247, 79 FR 2204 (January 13, 2014). On April
3, 2014, the Commission approved the Seventh all trading centers in NMS Stocks,
Volatility by Bats BZX Exchange, Inc.,
Amendment to the Plan. See Securities Exchange including both those operated by
Bats BYX Exchange, Inc., Bats EDGA Act Release No. 71851, 79 FR 19687 (April 9, 2014). Participants and those operated by
Exchange, Inc., Bats EDGX Exchange, On February 19, 2015, the Commission approved members of Participants, shall establish,
Inc., Chicago Stock Exchange, Inc., the Eight Amendment to the Plan. See Securities
Exchange Act Release No. 74323, 80 FR 10169 maintain, and enforce written policies
Financial Industry Regulatory
(February 25, 2015). On October 22, 2015, the and procedures that are reasonably
Authority, Inc., Investors Exchange Commission approved the Ninth Amendment to the designed to comply with the limit up-
LLC, NASDAQ BX, Inc., NASDAQ PHLX Plan. See Securities Exchange Act Release No. limit down requirements specified in
LLC, The Nasdaq Stock Market LLC, 76244, 80 FR 66099 (October 28, 2015). On April
the Plan. More specifically, the single
NYSE National, Inc., New York Stock 21, 2016, the Commission approved the Tenth
Amendment to the Plan. See Securities Exchange plan processor responsible for
Exchange LLC, NYSE MKT LLC, and Act Release No. 77679, 81 FR 24908 (April 27, consolidation of information for an
NYSE Arca, Inc. 2016). On August 26, 2016, the Commission noticed NMS Stock pursuant to Rule 603(b) of
for immediate effectiveness the Eleventh
March 10, 2017. Amendment to the Plan. See Securities Exchange
Regulation NMS under the Exchange
Act Release No. 78703, 81 FR 60397 (September 1, Act will be responsible for calculating
I. Introduction 2016). On January 19, 2017, the Commission and disseminating a lower price band
On February 13, 2017, NYSE Group, approved the Twelfth Amendment to the Plan. See and upper price band, as provided for
Securities Exchange Act Release No. 79845, 82 FR
Inc., on behalf of the following parties 8551 (January 26, 2017).
in Section V of the Plan. Section VI of
to the National Market System Plan to 2 See note 7 infra. the Plan sets forth the limit up-limit
Address Extraordinary Market Volatility 3 See note 7 infra. down requirements of the Plan, and in
(‘‘the Plan’’): 1 Bats BZX Exchange, Inc., 4 See note 7 infra. particular, that all trading centers in
5 15 U.S.C. 78k–1(a)(3).

19 17 6 17 CFR 242.608. 9 17 CFR 242.608. The Commission notes that
CFR 200.30–3(a)(12).
1 On May 31, 2012, the Commission approved the 7 See Letter from Elizabeth King, General Counsel staff from the Division of Economic and Risk
mstockstill on DSK3G9T082PROD with NOTICES

Plan, as modified by Amendment No. 1. See and Corporate Secretary, NYSE, to Brent Fields, Analysis has published a paper related to several
Securities Exchange Act Release No. 67091, 77 FR Secretary, Commission, dated February 10, 2017. operational features of the Plan. See Claudia E.
33498 (June 6, 2012) (File No. 4–631). On February (‘‘Transmittal Letter’’). In the Transmittal Letter, the Moise and Paca Flaherty, Division of Economic and
20, 2013, the Commission noticed for immediate Participants also propose to amend the Plan to Risk Analysis, Commission, ‘‘Limit Up-Limit Down’’
effectiveness the Second Amendment to the Plan. reflect name changes of certain Participants. See Pilot Plan and Associated Events, March 2017,
See Securities Exchange Act Release No. 68953, 78 Transmittal Letter, notes 1 and 2. available at https://www.sec.gov/dera/staff-papers/
FR 13113 (February 26, 2013). On April 3, 2013, the 8 Unless otherwise specified, the terms used white-papers/dera-luld-white-paper.pdf.
10 See 17 CFR 242.608(a)(4) and (a)(5).
Commission approved the Third Amendment to the herein have the same meaning as set forth in the
Plan. See Securities Exchange Act Release No. Plan. 11 See Transmittal Letter, supra note7.

VerDate Sep<11>2014 17:12 Mar 15, 2017 Jkt 241001 PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 E:\FR\FM\16MRN1.SGM 16MRN1
Document Created: 2017-03-16 02:19:03
Document Modified: 2017-03-16 02:19:03
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		82 FR 14066