82_FR_14300 82 FR 14249 - Self-Regulatory Organizations; International Securities Exchange, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Fee Schedule To Change the Definition of Net Zero Complex Order

82 FR 14249 - Self-Regulatory Organizations; International Securities Exchange, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Fee Schedule To Change the Definition of Net Zero Complex Order

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 51 (March 17, 2017)

Page Range14249-14251
FR Document2017-05335

Federal Register, Volume 82 Issue 51 (Friday, March 17, 2017)
[Federal Register Volume 82, Number 51 (Friday, March 17, 2017)]
[Notices]
[Pages 14249-14251]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-05335]



[[Page 14249]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80219; File No. SR-ISE-2017-22]


Self-Regulatory Organizations; International Securities Exchange, 
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule 
Change To Amend the Fee Schedule To Change the Definition of Net Zero 
Complex Order

March 13, 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 March 1, 2017, the International Securities Exchange, LLC (``ISE'' 
or ``Exchange'') filed with the Securities and Exchange Commission 
(``SEC'' or ``Commission'') the proposed rule change as described in 
Items I and II, 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 its Schedule of Fees to change the 
definition of net zero complex order for purposes of determining 
eligibility for Priority Customer complex order rebates.
    While changes to the Schedule of Fees are effective upon filing, 
the Exchange has designated these changes to be operative on February 
10, 2017.
    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 to amend the Schedule of 
Fees to change the definition of net zero complex order for purposes of 
determining eligibility for Priority Customer complex order rebates. 
Currently, the Exchange does not provide Priority Customer rebates for 
complex orders that that leg in to the regular order book and trade at 
a net price at or near $0.00 (i.e., net zero complex orders), provided 
those orders are entered on behalf of originating market participants 
that execute an ADV of at least 2,000 net zero complex orders in a 
given month.\3\ While these complex orders would generally not find a 
counterparty in the complex order book, they may leg in to the regular 
order book where they are typically executed by Market Makers \4\ or 
other market participants on the individual legs who pay a fee to trade 
with this order flow. The Exchange does not provide rebates for net 
zero complex orders to prevent members from engaging in rebate 
arbitrage by entering valueless complex orders solely to recover 
rebates. For purposes of determining which complex orders qualify as 
net zero, the Exchange counts all complex orders that leg in to the 
regular order book and are executed at a net price that is within a 
range of $0.01 credit and $0.01 debit. In particular, the Exchange 
calculates the net price of the complex order by multiplying the 
quantity on each leg by the amount of credit or debit for that leg, and 
summing the prices calculated with respect to each leg. Based on that 
calculation, the complex order is counted as net zero if the net price 
is within a range of $0.01 credit and $0.01 debit. This methodology is 
illustrated in the example below.
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    \3\ See Securities Exchange Act Release No. 77821 (May 12, 
2016), 81 FR 31270 (May 18, 2016). See also SR-ISE-2017-16 (pending 
publication). Priority Customer complex orders that do not meet the 
definition of a net zero complex order, or that are entered on 
behalf of originating market participants that do not reach the 
2,000 contract ADV threshold, remain eligible for rebates based on 
the tier achieved.
    \4\ The term ``Market Makers'' refers to ``Competitive Market 
Makers'' and ``Primary Market Makers'' collectively. See ISE Rule 
100(a)(25).

Example 1:
SPY Feb 188 Put, Buy 270 contracts @$0.01 = $2.70 debit
SPY Feb 193 Put, Sell 270 contracts @$0.01 = ($2.70) credit
Net price = $0 (i.e., $2.70--$2.70)

    The Exchange believes that its current methodology does not fully 
capture the trading activity that this provision is meant to cover, as 
the market participants that are entering these net zero orders have 
found a way to continue to earn a rebate for their valueless trades at 
the expense of the Exchange and the members who trade against these 
complex orders when they leg in to the regular market. In particular, 
these market participants have been submitting complex orders that are 
essentially valueless on a per contract basis, but that result in a net 
credit or debit on a full trade basis that is not within $0.01 credit 
or $0.01 debit based on the methodology illustrated in the example 
above. The Exchange therefore proposes to change its methodology to 
look at the net price per contract, which the Exchange believes more 
accurately captures its intentions in eliminating rebates for net zero 
complex orders. To calculate the net price per contract, the Exchange 
will use the same methodology described above, and then divide the 
calculated net price by the total quantity (i.e., the sum of the 
contracts for each leg).\5\ The Exchange believes that this methodology 
will discourage market participants from engaging in this valueless 
conduct as these non-economic complex orders will no longer be rebate 
eligible. The example below illustrates the proposed net zero per 
contract methodology.

    \5\ Complex orders executed from February 1, 2017 to February 9, 
2017 will be provided rebates based on the net zero logic in place 
prior to this filing.
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Example 2:
SPY Feb 188 Put, Buy 270 contracts @$0.01 = $2.70 debit
SPY Feb 199 Put, Buy 180 contracts@$0.02 = $3.60 debit
SPY Feb 193 Put, Sell 450 contracts @$0.01 = ($4.50) credit
Net price = $1.80 debit (i.e., $4.50 - $2.70 - $3.60)
Net price per contract = $0.002 debit (i.e., $1.80 / 900)

    Finally, the Exchange proposes to clarify that the current ADV 
threshold is based on the number of contracts executed in net zero 
complex orders. Although the Exchange has always calculated the ADV 
threshold, which is a measure of volume, based on the number of 
contracts executed, the Exchange believes that explicitly adding the 
word ``contract'' to this rule will avoid any possible confusion among 
members. Members will not receive rebates for net zero complex orders 
entered on behalf of originating market participants that execute an 
ADV of at

[[Page 14250]]

least 2,000 contracts in net zero complex orders in a given month.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with the provisions of Section 6 of the Act,\6\ in general, and Section 
6(b)(4) of the Act,\7\ 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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    \6\ 15 U.S.C. 78f.
    \7\ 15 U.S.C. 78f(b)(4).
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    The Exchange believes that the proposed per contract methodology is 
reasonable and equitable as it is designed to remove financial 
incentives for market participants to engage in rebate arbitrage by 
entering net zero complex orders on the Exchange that do not have any 
economic substance. The Exchange currently has a rule in place to 
discourage members from entering net zero complex orders. The rule, 
however, is not sufficiently broad to stop this trading activity, as 
market participants continue to receive rebates for complex orders that 
would be considered net zero on a per contract basis. The Exchange is 
therefore proposing to modify its definition of a net zero complex 
order, consistent with its intent in adopting this provision. Priority 
Customer complex orders, including net zero complex orders that leg in 
to the regular order book, are currently paid significant rebates by 
the Exchange, which are funded in part by charging higher fees to the 
market participants that trade against these orders. The Exchange 
believes that changing the methodology used for determining net zero 
complex orders will discourage market participants from entering these 
valueless orders, which are entered for the sole purpose of earning a 
rebate.
    In January 2017, no market participants met the 10,000 contract ADV 
threshold for net zero complex orders based on the current net zero 
criteria. In addition, no market participants that traded complex 
orders on the Exchange during January 2017 would have met the lower 
2,000 contract ADV threshold implemented this February.\8\ This is not 
due to market participants stopping this behavior but rather to firms 
modifying their activity to get around the net zero criteria 
implemented in the original net zero filing. With the proposed per 
contract change, the Exchange believes that market participants engaged 
in rebate arbitrage will be effectively prohibited from earning rebates 
for their net zero complex orders. In January 2017, for example, the 
Exchange notes that although no market participants met the net zero 
ADV threshold based on current criteria, five market participants would 
have met the current threshold based on the proposed criteria. Based on 
the proposed per contract methodology, each of these market 
participants executed a net zero ADV of greater than 7,000 contracts 
compared to a net zero ADV of less than 300 contracts for the next 
highest market participant, and an average net zero ADV of 
approximately 6 contracts for all market participants that entered 
complex orders on the Exchange during the month of January other than 
the five that would have surpassed the threshold. In addition, the 
Exchange notes that the vast majority of market participants that 
entered complex orders on the Exchange in January 2017 would continue 
to have a net zero ADV of 0 contracts based on the per contract 
methodology.
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    \8\ See supra note 3.
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    The continued submission by a handful of market participants of a 
high volume of net zero complex orders that leg into the regular order 
book has generated complaints from the Market Makers that trade against 
these orders in the regular order book, as firms recognize these net 
zero complex orders as essentially non-economic. The Exchange believes 
that adopting the proposed per contract methodology will make it more 
difficult for firms to continue to enter net zero complex orders purely 
to earn a rebate. This will reduce the cost of these trades to the 
Exchange and its members as firms are limited in the amount of this net 
zero complex order activity that they can conduct on the Exchange.
    The Exchange also believes that the proposed rule change is not 
unfairly discriminatory as it is designed to stop market participants 
from taking advantage of Exchange rebates by entering orders that lack 
economic substance. The Exchange is proposing to eliminate Priority 
Customer complex order rebates for all market participants that execute 
a large number of net zero complex orders based on the proposed 
methodology. To the extent that those market participants execute 
legitimate complex orders, however, they will continue to receive the 
same rebates that they do today. In addition, market participants that 
execute an insubstantial volume of net zero complex orders will also 
continue to receive rebates. The Exchange does not believe that it is 
unfairly discriminatory to continue to offer rebates to firms that do 
not hit the net zero ADV threshold as this more limited trading 
activity is not indicative of rebate arbitrage. While the Exchange 
could prohibit rebates for any net zero complex orders without an ADV 
threshold, doing so would disadvantage innocent market participants 
that are not engaged in rebate arbitrage. The Exchange believes that 
the decision to allow rebates for firms with a limited ADV in net zero 
complex orders properly balances the need to encourage market 
participants to send order flow to the Exchange, and the need to 
prevent activity that is harmful to the market. Moreover, all market 
participants will be treated the same based on their net zero ADV.
    Finally, the Exchange believes that addition of the word 
``contract'' to the ADV threshold is reasonable, equitable, and not 
unfairly discriminatory as this change will clarify for members that 
the ADV threshold, which is a measure of volume, is calculated based on 
the number of contracts executed. The Exchange notes that this is not a 
change to the Exchange's current practice but is a simple clean up 
change to make the Schedule of Fees easier for members to understand.

B. Self-Regulatory Organization's Statement on Burden on Competition

    In accordance with Section 6(b)(8) of the Act,\9\ 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. By refining the 
definition of net zero complex order, the proposed rule change is 
designed to eliminate the ability for certain market participants to 
engage in rebate arbitrage to the detriment of the Exchange and its 
members. In addition, adding the word ``contract'' to the ADV threshold 
is a non-substantive change made purely for clarification. 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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    \9\ 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.

[[Page 14251]]

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,\10\ and Rule 19b-4(f)(2) \11\ thereunder. 
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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    \10\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \11\ 17 CFR 240.19b-4(f)(2).
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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-ISE-2017-22 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-ISE-2017-22. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549, on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of 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-ISE-2017-22 and should be 
submitted on or before April 7, 2017.
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    \12\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\12\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-05335 Filed 3-16-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                     Federal Register / Vol. 82, No. 51 / Friday, March 17, 2017 / Notices                                                    14249

                                                    SECURITIES AND EXCHANGE                                  A. Self-Regulatory Organization’s                        The Exchange believes that its current
                                                    COMMISSION                                               Statement of the Purpose of, and                      methodology does not fully capture the
                                                                                                             Statutory Basis for, the Proposed Rule                trading activity that this provision is
                                                    [Release No. 34–80219; File No. SR–ISE–                  Change                                                meant to cover, as the market
                                                    2017–22]                                                                                                       participants that are entering these net
                                                                                                             1. Purpose
                                                                                                                                                                   zero orders have found a way to
                                                    Self-Regulatory Organizations;                              The purpose of the proposed rule                   continue to earn a rebate for their
                                                    International Securities Exchange,                       change to amend the Schedule of Fees                  valueless trades at the expense of the
                                                    LLC; Notice of Filing and Immediate                      to change the definition of net zero                  Exchange and the members who trade
                                                    Effectiveness of Proposed Rule                           complex order for purposes of                         against these complex orders when they
                                                    Change To Amend the Fee Schedule                         determining eligibility for Priority                  leg in to the regular market. In
                                                    To Change the Definition of Net Zero                     Customer complex order rebates.                       particular, these market participants
                                                    Complex Order                                            Currently, the Exchange does not                      have been submitting complex orders
                                                    March 13, 2017.                                          provide Priority Customer rebates for                 that are essentially valueless on a per
                                                                                                             complex orders that that leg in to the                contract basis, but that result in a net
                                                       Pursuant to Section 19(b)(1) of the
                                                                                                             regular order book and trade at a net                 credit or debit on a full trade basis that
                                                    Securities Exchange Act of 1934
                                                                                                             price at or near $0.00 (i.e., net zero                is not within $0.01 credit or $0.01 debit
                                                    (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                                                                             complex orders), provided those orders                based on the methodology illustrated in
                                                    notice is hereby given that on March 1,
                                                                                                             are entered on behalf of originating                  the example above. The Exchange
                                                    2017, the International Securities
                                                                                                             market participants that execute an ADV               therefore proposes to change its
                                                    Exchange, LLC (‘‘ISE’’ or ‘‘Exchange’’)
                                                                                                             of at least 2,000 net zero complex orders             methodology to look at the net price per
                                                    filed with the Securities and Exchange
                                                                                                             in a given month.3 While these complex                contract, which the Exchange believes
                                                    Commission (‘‘SEC’’ or ‘‘Commission’’)
                                                                                                             orders would generally not find a                     more accurately captures its intentions
                                                    the proposed rule change as described
                                                                                                             counterparty in the complex order book,               in eliminating rebates for net zero
                                                    in Items I and II, below, which Items
                                                                                                             they may leg in to the regular order book             complex orders. To calculate the net
                                                    have been prepared by the Exchange.
                                                                                                             where they are typically executed by                  price per contract, the Exchange will
                                                    The Commission is publishing this
                                                                                                             Market Makers 4 or other market                       use the same methodology described
                                                    notice to solicit comments on the
                                                                                                             participants on the individual legs who               above, and then divide the calculated
                                                    proposed rule change from interested
                                                                                                             pay a fee to trade with this order flow.              net price by the total quantity (i.e., the
                                                    persons.
                                                                                                             The Exchange does not provide rebates                 sum of the contracts for each leg).5 The
                                                    I. Self-Regulatory Organization’s                        for net zero complex orders to prevent                Exchange believes that this
                                                    Statement of the Terms of Substance of                   members from engaging in rebate                       methodology will discourage market
                                                    the Proposed Rule Change                                 arbitrage by entering valueless complex               participants from engaging in this
                                                       The Exchange proposes to amend its                    orders solely to recover rebates. For                 valueless conduct as these non-
                                                    Schedule of Fees to change the                           purposes of determining which complex                 economic complex orders will no longer
                                                    definition of net zero complex order for                 orders qualify as net zero, the Exchange              be rebate eligible. The example below
                                                    purposes of determining eligibility for                  counts all complex orders that leg in to              illustrates the proposed net zero per
                                                    Priority Customer complex order                          the regular order book and are executed               contract methodology.
                                                    rebates.                                                 at a net price that is within a range of              Example 2:
                                                       While changes to the Schedule of Fees                 $0.01 credit and $0.01 debit. In                      SPY Feb 188 Put, Buy 270 contracts @
                                                    are effective upon filing, the Exchange                  particular, the Exchange calculates the                    $0.01 = $2.70 debit
                                                    has designated these changes to be                       net price of the complex order by                     SPY Feb 199 Put, Buy 180 contracts@
                                                    operative on February 10, 2017.                          multiplying the quantity on each leg by                    $0.02 = $3.60 debit
                                                       The text of the proposed rule change                  the amount of credit or debit for that leg,           SPY Feb 193 Put, Sell 450 contracts @
                                                    is available on the Exchange’s Web site                  and summing the prices calculated with                     $0.01 = ($4.50) credit
                                                    at www.ise.com, at the principal office                  respect to each leg. Based on that                    Net price = $1.80 debit (i.e., $4.50 ¥
                                                    of the Exchange, and at the                              calculation, the complex order is                          $2.70 ¥ $3.60)
                                                    Commission’s Public Reference Room.                      counted as net zero if the net price is               Net price per contract = $0.002 debit
                                                                                                             within a range of $0.01 credit and $0.01                   (i.e., $1.80 ÷ 900)
                                                    II. Self-Regulatory Organization’s                       debit. This methodology is illustrated in
                                                    Statement of the Purpose of, and                         the example below.                                       Finally, the Exchange proposes to
                                                    Statutory Basis for, the Proposed Rule                                                                         clarify that the current ADV threshold is
                                                                                                             Example 1:                                            based on the number of contracts
                                                    Change                                                   SPY Feb 188 Put, Buy 270 contracts @                  executed in net zero complex orders.
                                                      In its filing with the Commission, the                      $0.01 = $2.70 debit                              Although the Exchange has always
                                                    Exchange included statements                             SPY Feb 193 Put, Sell 270 contracts @                 calculated the ADV threshold, which is
                                                    concerning the purpose of and basis for                       $0.01 = ($2.70) credit                           a measure of volume, based on the
                                                    the proposed rule change and discussed                   Net price = $0 (i.e., $2.70—$2.70)                    number of contracts executed, the
                                                    any comments it received on the                                                                                Exchange believes that explicitly adding
                                                    proposed rule change. The text of these                     3 See Securities Exchange Act Release No. 77821
                                                                                                                                                                   the word ‘‘contract’’ to this rule will
                                                    statements may be examined at the                        (May 12, 2016), 81 FR 31270 (May 18, 2016). See
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                             also SR–ISE–2017–16 (pending publication).
                                                                                                                                                                   avoid any possible confusion among
                                                    places specified in Item IV below. The                                                                         members. Members will not receive
                                                                                                             Priority Customer complex orders that do not meet
                                                    Exchange has prepared summaries, set                     the definition of a net zero complex order, or that   rebates for net zero complex orders
                                                    forth in sections A, B, and C below, of                  are entered on behalf of originating market           entered on behalf of originating market
                                                    the most significant aspects of such                     participants that do not reach the 2,000 contract
                                                                                                                                                                   participants that execute an ADV of at
                                                    statements.                                              ADV threshold, remain eligible for rebates based on
                                                                                                             the tier achieved.
                                                                                                                4 The term ‘‘Market Makers’’ refers to               5 Complex orders executed from February 1, 2017
                                                      1 15 U.S.C. 78s(b)(1).                                 ‘‘Competitive Market Makers’’ and ‘‘Primary Market    to February 9, 2017 will be provided rebates based
                                                      2 17 CFR 240.19b–4.                                    Makers’’ collectively. See ISE Rule 100(a)(25).       on the net zero logic in place prior to this filing.



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                                                    14250                            Federal Register / Vol. 82, No. 51 / Friday, March 17, 2017 / Notices

                                                    least 2,000 contracts in net zero                        from earning rebates for their net zero               not indicative of rebate arbitrage. While
                                                    complex orders in a given month.                         complex orders. In January 2017, for                  the Exchange could prohibit rebates for
                                                                                                             example, the Exchange notes that                      any net zero complex orders without an
                                                    2. Statutory Basis
                                                                                                             although no market participants met the               ADV threshold, doing so would
                                                       The Exchange believes that the                        net zero ADV threshold based on                       disadvantage innocent market
                                                    proposed rule change is consistent with                  current criteria, five market participants            participants that are not engaged in
                                                    the provisions of Section 6 of the Act,6                 would have met the current threshold                  rebate arbitrage. The Exchange believes
                                                    in general, and Section 6(b)(4) of the                   based on the proposed criteria. Based on              that the decision to allow rebates for
                                                    Act,7 in particular, in that it is designed              the proposed per contract methodology,                firms with a limited ADV in net zero
                                                    to provide for the equitable allocation of               each of these market participants                     complex orders properly balances the
                                                    reasonable dues, fees, and other charges                 executed a net zero ADV of greater than               need to encourage market participants
                                                    among its members and other persons                      7,000 contracts compared to a net zero                to send order flow to the Exchange, and
                                                    using its facilities.                                    ADV of less than 300 contracts for the                the need to prevent activity that is
                                                       The Exchange believes that the                        next highest market participant, and an               harmful to the market. Moreover, all
                                                    proposed per contract methodology is                     average net zero ADV of approximately                 market participants will be treated the
                                                    reasonable and equitable as it is                        6 contracts for all market participants               same based on their net zero ADV.
                                                    designed to remove financial incentives                  that entered complex orders on the                       Finally, the Exchange believes that
                                                    for market participants to engage in                     Exchange during the month of January                  addition of the word ‘‘contract’’ to the
                                                    rebate arbitrage by entering net zero                    other than the five that would have                   ADV threshold is reasonable, equitable,
                                                    complex orders on the Exchange that do                   surpassed the threshold. In addition, the             and not unfairly discriminatory as this
                                                    not have any economic substance. The                     Exchange notes that the vast majority of              change will clarify for members that the
                                                    Exchange currently has a rule in place                   market participants that entered
                                                    to discourage members from entering                                                                            ADV threshold, which is a measure of
                                                                                                             complex orders on the Exchange in                     volume, is calculated based on the
                                                    net zero complex orders. The rule,                       January 2017 would continue to have a
                                                    however, is not sufficiently broad to                                                                          number of contracts executed. The
                                                                                                             net zero ADV of 0 contracts based on the              Exchange notes that this is not a change
                                                    stop this trading activity, as market                    per contract methodology.
                                                    participants continue to receive rebates                                                                       to the Exchange’s current practice but is
                                                                                                                The continued submission by a                      a simple clean up change to make the
                                                    for complex orders that would be                         handful of market participants of a high
                                                    considered net zero on a per contract                                                                          Schedule of Fees easier for members to
                                                                                                             volume of net zero complex orders that                understand.
                                                    basis. The Exchange is therefore                         leg into the regular order book has
                                                    proposing to modify its definition of a                  generated complaints from the Market                  B. Self-Regulatory Organization’s
                                                    net zero complex order, consistent with                  Makers that trade against these orders in             Statement on Burden on Competition
                                                    its intent in adopting this provision.                   the regular order book, as firms
                                                    Priority Customer complex orders,                                                                                 In accordance with Section 6(b)(8) of
                                                                                                             recognize these net zero complex orders
                                                    including net zero complex orders that                                                                         the Act,9 the Exchange does not believe
                                                                                                             as essentially non-economic. The
                                                    leg in to the regular order book, are                                                                          that the proposed rule change will
                                                                                                             Exchange believes that adopting the
                                                    currently paid significant rebates by the                                                                      impose any burden on intermarket or
                                                                                                             proposed per contract methodology will
                                                    Exchange, which are funded in part by                                                                          intramarket competition that is not
                                                                                                             make it more difficult for firms to
                                                    charging higher fees to the market                       continue to enter net zero complex                    necessary or appropriate in furtherance
                                                    participants that trade against these                    orders purely to earn a rebate. This will             of the purposes of the Act. By refining
                                                    orders. The Exchange believes that                       reduce the cost of these trades to the                the definition of net zero complex order,
                                                    changing the methodology used for                        Exchange and its members as firms are                 the proposed rule change is designed to
                                                    determining net zero complex orders                      limited in the amount of this net zero                eliminate the ability for certain market
                                                    will discourage market participants                      complex order activity that they can                  participants to engage in rebate arbitrage
                                                    from entering these valueless orders,                    conduct on the Exchange.                              to the detriment of the Exchange and its
                                                    which are entered for the sole purpose                      The Exchange also believes that the                members. In addition, adding the word
                                                    of earning a rebate.                                     proposed rule change is not unfairly                  ‘‘contract’’ to the ADV threshold is a
                                                       In January 2017, no market                            discriminatory as it is designed to stop              non-substantive change made purely for
                                                    participants met the 10,000 contract                     market participants from taking                       clarification. The Exchange operates in
                                                    ADV threshold for net zero complex                       advantage of Exchange rebates by                      a highly competitive market in which
                                                    orders based on the current net zero                     entering orders that lack economic                    market participants can readily direct
                                                    criteria. In addition, no market                         substance. The Exchange is proposing to               their order flow to competing venues. In
                                                    participants that traded complex orders                  eliminate Priority Customer complex                   such an environment, the Exchange
                                                    on the Exchange during January 2017                      order rebates for all market participants             must continually review, and consider
                                                    would have met the lower 2,000                           that execute a large number of net zero               adjusting, its fees and rebates to remain
                                                    contract ADV threshold implemented                       complex orders based on the proposed                  competitive with other exchanges. For
                                                    this February.8 This is not due to market                methodology. To the extent that those                 the reasons described above, the
                                                    participants stopping this behavior but                  market participants execute legitimate                Exchange believes that the proposed fee
                                                    rather to firms modifying their activity                 complex orders, however, they will                    changes reflect this competitive
                                                    to get around the net zero criteria                      continue to receive the same rebates that             environment.
                                                                                                             they do today. In addition, market
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                                                    implemented in the original net zero                                                                           C. Self-Regulatory Organization’s
                                                    filing. With the proposed per contract                   participants that execute an                          Statement on Comments on the
                                                    change, the Exchange believes that                       insubstantial volume of net zero                      Proposed Rule Change Received From
                                                    market participants engaged in rebate                    complex orders will also continue to                  Members, Participants, or Others
                                                    arbitrage will be effectively prohibited                 receive rebates. The Exchange does not
                                                                                                             believe that it is unfairly discriminatory              No written comments were either
                                                      6 15 U.S.C. 78f.                                       to continue to offer rebates to firms that            solicited or received.
                                                      7 15 U.S.C. 78f(b)(4).                                 do not hit the net zero ADV threshold
                                                      8 See supra note 3.                                    as this more limited trading activity is                9 15   U.S.C. 78f(b)(8).



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                                                                                       Federal Register / Vol. 82, No. 51 / Friday, March 17, 2017 / Notices                                                 14251

                                                    III. Date of Effectiveness of the                        Reference Room, 100 F Street NE.,                     at the Commission’s Public Reference
                                                    Proposed Rule Change and Timing for                      Washington, DC 20549, on official                     Room.
                                                    Commission Action                                        business days between the hours of
                                                                                                                                                                   II. Self-Regulatory Organization’s
                                                       The foregoing rule change has become                  10:00 a.m. and 3:00 p.m. Copies of the
                                                                                                                                                                   Statement of the Purpose of, and
                                                    effective pursuant to Section                            filing also will be available for
                                                                                                                                                                   Statutory Basis for, the Proposed Rule
                                                    19(b)(3)(A)(ii) of the Act,10 and Rule                   inspection and copying at the principal
                                                                                                                                                                   Change
                                                    19b–4(f)(2) 11 thereunder. At any time                   office of the Exchange. All comments
                                                    within 60 days of the filing of the                      received will be posted without change;                  In its filing with the Commission, the
                                                    proposed rule change, the Commission                     the Commission does not edit personal                 Exchange included statements
                                                    summarily may temporarily suspend                        identifying information from                          concerning the purpose of and basis for
                                                    such rule change if it appears to the                    submissions. You should submit only                   the proposed rule change and discussed
                                                    Commission that such action is: (i)                      information that you wish to make                     any comments it received on the
                                                    Necessary or appropriate in the public                   available publicly. All submissions                   proposed rule change. The text of these
                                                    interest; (ii) for the protection of                     should refer to File Number SR–ISE–                   statements may be examined at the
                                                    investors; or (iii) otherwise in                         2017–22 and should be submitted on or                 places specified in Item IV below. The
                                                    furtherance of the purposes of the Act.                  before April 7,2017.                                  Exchange has prepared summaries, set
                                                    If the Commission takes such action, the                                                                       forth in sections A, B, and C below, of
                                                                                                               For the Commission, by the Division of
                                                    Commission shall institute proceedings                   Trading and Markets, pursuant to delegated            the most significant aspects of such
                                                    to determine whether the proposed rule                   authority.12                                          statements.
                                                    should be approved or disapproved.                       Eduardo A. Aleman,                                    A. Self-Regulatory Organization’s
                                                    IV. Solicitation of Comments                             Assistant Secretary.                                  Statement of the Purpose of, and
                                                                                                             [FR Doc. 2017–05335 Filed 3–16–17; 8:45 am]           Statutory Basis for, the Proposed Rule
                                                      Interested persons are invited to                                                                            Change
                                                                                                             BILLING CODE 8011–01–P
                                                    submit written data, views, and
                                                    arguments concerning the foregoing,                                                                            1. Purpose
                                                    including whether the proposed rule                      SECURITIES AND EXCHANGE                                  The purpose of the proposal is to
                                                    change is consistent with the Act.                       COMMISSION                                            amend Exchange Rule 515(c) to enhance
                                                    Comments may be submitted by any of                                                                            the price protection process of the
                                                    the following methods:                                   [Release No. 34–80230; File No. SR–MIAX–              Exchange’s System.3 The proposal will
                                                                                                             2017–12]                                              (i) eliminate a Member’s 4 ability to
                                                    Electronic Comments
                                                                                                                                                                   disable the price protection process, (ii)
                                                      • Use the Commission’s Internet                        Self-Regulatory Organizations; Miami
                                                                                                                                                                   refine the settings associated with the
                                                    comment form (http://www.sec.gov/                        International Securities Exchange LLC;
                                                                                                                                                                   price protection process, (iii) propose a
                                                    rules/sro.shtml); or                                     Notice of Filing and Immediate
                                                      • Send an email to rule-comments@                                                                            new behavior of the price protection
                                                                                                             Effectiveness of a Proposed Rule
                                                    sec.gov. Please include File Number SR–                                                                        process to remove certain orders
                                                                                                             Change To Amend MIAX Options Rule
                                                    ISE–2017–22 on the subject line.                                                                               immediately following the
                                                                                                             515, Execution of Orders and Quotes
                                                                                                                                                                   commencement of a trading halt and at
                                                    Paper Comments                                           March 13, 2017.                                       the end of each trading session, and (iv)
                                                      • Send paper comments in triplicate                       Pursuant to the provisions of Section              eliminate the establishment of a price
                                                    to Secretary, Securities and Exchange                    19(b)(1) of the Securities Exchange Act               protection limit for orders received (A)
                                                    Commission, 100 F Street NE.,                            of 1934 (‘‘Act’’) 1 and Rule 19b–4                    prior to the open or during a trading
                                                    Washington, DC 20549–1090.                               thereunder,2 notice is hereby given that              halt, and (B) during a prior trading
                                                    All submissions should refer to File                     on March 3, 2017, Miami International                 session that remain on the Book 5 at the
                                                    Number SR–ISE–2017–22. This file                         Securities Exchange, LLC (‘‘MIAX                      conclusion of the opening process.6
                                                    number should be included on the                         Options’’ or ‘‘Exchange’’) filed with the                The Exchange provides a price
                                                    subject line if email is used. To help the               Securities and Exchange Commission                    protection process for all orders
                                                    Commission process and review your                       (‘‘Commission’’) a proposed rule change               (excluding Market Maker 7 orders) as
                                                    comments more efficiently, please use                    as described in Items I and II below,                 part of its commitment to providing risk
                                                    only one method. The Commission will                     which Items have been prepared by the                 protection for Member’s orders.8 The
                                                    post all comments on the Commission’s                    Exchange. The Commission is                           price protection process prevents an
                                                    Internet Web site (http://www.sec.gov/                   publishing this notice to solicit                     order from being executed beyond the
                                                    rules/sro.shtml). Copies of the                          comments on the proposed rule change                  price designated in the order’s price
                                                    submission, all subsequent                               from interested persons.
                                                                                                                                                                      3 The term ‘‘System’’ means the automated
                                                    amendments, all written statements
                                                    with respect to the proposed rule                        I. Self-Regulatory Organization’s                     trading system used by the Exchange for the trading
                                                                                                             Statement of the Terms of Substance of                of securities. See Exchange Rule 100.
                                                    change that are filed with the                                                                                    4 The term ‘‘Member’’ means an individual or

                                                    Commission, and all written                              the Proposed Rule Change
                                                                                                                                                                   organization approved to exercise the trading rights
                                                    communications relating to the                              The Exchange is filing a proposal to               associated with a Trading Permit. Members are
                                                                                                             amend Exchange Rule 515, Execution of                 deemed ‘‘members’’ under the Exchange Act. See
                                                    proposed rule change between the                                                                               Exchange Rule 100.
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                                                    Commission and any person, other than                    Orders and Quotes.                                       5 The term ‘‘Book’’ means the electronic book of
                                                    those that may be withheld from the                         The text of the proposed rule change               buy and sell orders and quotes maintained by the
                                                    public in accordance with the                            is available on the Exchange’s Web site               System. See Exchange Rule 100.
                                                    provisions of 5 U.S.C. 552, will be                      at http://www.miaxoptions.com/rule-                      6 See Exchange Rule 503(f).
                                                                                                                                                                      7 The term ‘‘Market Makers’’ refers to ‘‘Lead
                                                    available for Web site viewing and                       filings, at MIAX’s principal office, and
                                                                                                                                                                   Market Makers’’, ‘‘Primary Lead Market Makers’’
                                                    printing in the Commission’s Public                                                                            and ‘‘Registered Market Makers’’ collectively. See
                                                                                                               12 17 CFR 200.30–3(a)(12).                          Exchange Rule 100.
                                                      10 15 U.S.C. 78s(b)(3)(A)(ii).                           1 15 U.S.C. 78s(b)(1).                                 8 See Exchange Rule 519 for additional order
                                                      11 17 CFR 240.19b–4(f)(2).                               2 17 CFR 240.19b–4.                                 protections.



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Document Created: 2017-03-17 02:49:10
Document Modified: 2017-03-17 02:49:10
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 Citation82 FR 14249 

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