82_FR_14987 82 FR 14932 - Self-Regulatory Organizations; International Securities Exchange, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to “Tick-Worse” Functionality

82 FR 14932 - Self-Regulatory Organizations; International Securities Exchange, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to “Tick-Worse” Functionality

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 55 (March 23, 2017)

Page Range14932-14934
FR Document2017-05744

Federal Register, Volume 82 Issue 55 (Thursday, March 23, 2017)
[Federal Register Volume 82, Number 55 (Thursday, March 23, 2017)]
[Notices]
[Pages 14932-14934]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-05744]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80274; File No. SR-ISE-2017-27]


Self-Regulatory Organizations; International Securities Exchange, 
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule 
Change Relating to ``Tick-Worse'' Functionality

March 17, 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 15, 2017, the International Securities Exchange, LLC (``ISE'' 
or ``Exchange'') filed with the Securities and Exchange Commission 
(``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 (i) request the decommission of ``Tick-
Worse'' functionality and (ii) amend Rule 713 (Priority of Quotes and 
Orders) relating to the priority of split price transactions.
    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 (i) decommission the 
``Tick-Worse'' functionality and (ii) amend Rule 713 (Priority of 
Quotes and Orders) as it relates to the priority of split price 
transactions. The proposed changes are discussed below.
``Tick-Worse'' Functionality
    The Exchange currently provides market makers \3\ with Tick-Worse 
functionality, which allows market makers to pre-define the prices and 
sizes at which the system will automatically move their quotation 
following an execution that exhausts the size of their existing 
quotation.\4\ As such, when a market maker's quote is traded out, it 
can be automatically reinstated into the Exchange's order book at the 
next best price.\5\ This optional feature is intended to help market 
makers meet their continuous quoting obligations under the Exchange's 
rules \6\ when their displayed

[[Page 14933]]

quotations are exhausted. When a market maker's quote is traded out and 
automatically reinstated into the Exchange's order book using the Tick-
Worse functionality, the reinstated quote will be given priority 
pursuant to the Exchange's split price priority rule as discussed 
below.
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    \3\ The term ``market makers'' refers to ``Competitive Market 
Makers'' and ``Primary Market Makers'' collectively. See Rule 
100(a)(25).
    \4\ Tick-Worse functionality is not currently memorialized in 
the Exchange's rulebook. In addition, the Exchange will not offer 
Tick-Worse on the new Nasdaq INET system going forward. On September 
30, 2004, International Securities Exchange, LLC (``ISE'') filed 
with the Commission a proposal to codify this functionality in its 
rulebook, but inadvertently deleted the rule as obsolete rule text 
in a subsequent proposal filed on December 21, 2012. See Securities 
Exchange Act Release No. 51050 (January 18, 2005), 70 FR 3758 
(January 26, 2005) (SR-ISE-2004-31); Securities Exchange Act Release 
No. 68570 (January 3, 2013), 78 FR 1901 (January 9, 2013) (SR-ISE-
2012-82).
    \5\ Market makers may choose to set Tick-Worse parameters by 
specifying how many price ticks back, and for what size, the quote 
is to be reinstated.
    \6\ Specifically, Primary Market Makers (``PMMs'') are required 
under Rule 804(e)(1) to enter quotations in all of the series listed 
on the Exchange of the options classes to which they are appointed 
on a daily basis. Supplementary Material .01 to Rule 804 further 
requires PMMs to quote 90% of the time their assigned options class 
is open for trading on the Exchange. As provided in Rule 804(e)(2), 
Competitive Market Makers (``CMMs'') are not required to enter 
quotations in the options class to which they are appointed, but in 
the event a CMM does initiate quoting, such CMM is generally 
required to quote 60% of the time its assigned options class is open 
for trading on the Exchange.
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    Due to the lack of demand for the Tick-Worse feature, the Exchange 
proposes to decommission the use of this functionality as it migrates 
symbols to INET no later than in July 31, 2017.\7\ As discussed above, 
the Exchange offers the Tick-Worse feature as a voluntary tool for 
market makers to assist them in meeting their continuous quoting 
obligations under the Exchange's rules. As such, market makers are not 
required to use the Exchange-provided functionality and can program 
their own systems to perform the same functions if they prefer. The 
Exchange has found that almost all market makers use their own systems 
rather than the Exchange's Tick-Worse feature to send refreshed 
quotations when their displayed quotations are exhausted, and therefore 
members have discontinued use of this functionality. Because the Tick-
Worse functionality is currently not memorialized in the Exchange's 
rules as noted above, there is no text of the proposed rule change. The 
Exchange will provide advance notice to its Members through an Options 
Trader Alert of the intent to decommission the Tick-Worse 
functionality.\8\
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    \7\ Currently, this functionality is being used by one market 
maker on the Exchange.
    \8\ The Exchange notes that it similarly decommission Tick-Worse 
on ISE Gemini on February 21, 2017. See Market Information Circular 
2017-10.
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Split Price Priority
    The Exchange is proposing to delete ISE Rule 713(f), which relates 
to the priority of split price transactions, because this priority rule 
currently only applies in the context of the Tick-Worse functionality, 
as described above, which the Exchange proposes to decommission. The 
Exchange proposes to delete this rule no later than July 31, 2017, 
along with the decommissioning of the Tick-Worse functionality.
    ISE Rule 713(f) provides that if a Member purchases (sells) one (1) 
or more options contracts of a particular series at a particular price, 
it shall at the next lower (higher) price at which there are 
Professional Orders or market maker quotes, have priority over such 
Professional Orders and market maker quotes in purchasing (selling) up 
to the equivalent number of options contracts of the same series that 
it purchased (sold) at the higher (lower) price, but only if the 
purchase (sale) so effected represents the opposite side of a 
transaction with the same offer (bid) as the earlier purchase (sale). 
Although the language of Rule 713(f) is more general, the Exchange's 
intent was to apply split price priority solely to the Tick-Worse 
functionality.
    Example:

--Primary Market Maker has opted into tick worse functionality and 
selected to tick worse and post 10 contracts at a penny worse than 
their original quote.
--Primary Market Maker quote for 10 contracts bid at $1.00 and 10 
contracts offered at $1.02
--Additionally, there is a Priority Customer order to buy 5 contracts 
at $0.99, and a Competitive Market Maker quote for 10 contracts bid at 
$0.99 and 10 contracts offered at $1.02
--A member enters a sell order for 20 contracts at $0.99
--This order will trade as follows:
     10 contracts trade at $1.00 with the Primary Market Maker 
bid quote, and Primary Market Maker is ticked worse to 10 contracts bid 
at $0.99
     5 contracts trade at $0.99 with the Priority Customer 
order due to customer priority
     5 contracts trade at $0.99 with the Primary Market Maker's 
ticked worse quote due to the split price priority rule; 0 contracts 
trade with the Competitive Market Maker bid quote

    The Exchange represents that Tick-Worse has historically only ever 
applied in the context of the split price priority rule in ISE Rule 
713(f). Furthermore, the Exchange has historically only ever awarded 
priority pursuant to ISE Rule 713(f) for split price transactions that 
occur in the Tick-Worse functionality, and the existing rule should 
have been clarified to more accurately reflect its current application. 
Nonetheless, the Exchange is now proposing to delete the rule text in 
its entirety along with decommissioning the Tick-Worse functionality, 
as proposed above.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act,\9\ in general, and furthers the objectives of Section 
6(b)(5) of the Act,\10\ in particular, in that it is designed to 
promote just and equitable principles of trade, to remove impediments 
to and perfect the mechanism of a free and open market and a national 
market system, and, in general to protect investors and the public 
interest.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
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``Tick-Worse'' Functionality
    As noted above, the Exchange originally offered Tick-Worse as an 
optional feature to help market makers meet their continuous quoting 
obligations under the Exchange's rules. The Exchange believes that its 
proposal is consistent with the Act because it has found that the Tick-
Worse feature is rarely used today \11\ as almost all market makers use 
their own systems to send refreshed quotations when their displayed 
quotations are exhausted. The Exchange therefore believes that it is 
consistent with the Act to propose to discontinue use of this 
functionality prior to the migration to INET. Because one member 
continues to utilize the functionality, the Exchange believes that 
providing advance notice of the intent to decommission of this 
functionality will serve to prepare Members as to the upcoming change 
with INET.
---------------------------------------------------------------------------

    \11\ It is only being used by one market maker.
---------------------------------------------------------------------------

    As discussed above, the Exchange originally offered Tick-Worse as 
an optional feature to help market makers meet their continuous quoting 
obligations under the Exchange's rules. The Exchange has found, 
however, that the Tick-Worse feature is rarely used today as almost all 
market makers use their own systems to send refreshed quotations when 
their displayed quotations are exhausted. The Exchange therefore 
believes that decommissioning Tick-Worse and providing advance notice 
to its members, is consistent with the Act because it eliminates any 
investor uncertainty related to the status of this functionality.
Split Price Priority
    The Exchange also believes that its proposal to delete the split 
price priority rule in Rule 713(f) protects investors and the public 
interest because it removes rule text that became obsolete with the 
decommission of the Tick-Worse functionality. As described above, the 
split price priority rule only applies to the Tick-Worse functionality. 
Because the Rule is more general than its current, specific 
application, however, the Exchange believes that the continued presence 
of Rule 713(f) in its rules even after retiring the Tick-Worse 
functionality will be confusing to its members and investors. By 
removing obsolete rule text that only applies in the context of Tick-
Worse, the Exchange is eliminating any potential for confusion about 
how its systems operate.

[[Page 14934]]

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

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition not necessary or appropriate in 
furtherance of the purposes of the Act. The proposed rule change is not 
designed to have any competitive impact but rather request the 
decommission of a rarely-used functionality on the Exchange and 
relatedly, to remove the rule text that this functionality supports 
from the Exchange's rulebook, thereby reducing investor confusion and 
making the Exchange's rules easier to understand and navigate.

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

    Because the foregoing proposed rule change does not: (i) 
Significantly affect the protection of investors or the public 
interest; (ii) impose any significant burden on competition; and (iii) 
become operative for 30 days from the date on which it was filed, or 
such shorter time as the Commission may designate, it has become 
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \12\ and 
subparagraph (f)(6) of Rule 19b-4 thereunder.\13\
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    \12\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \13\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6) 
requires a self-regulatory organization to give the Commission 
written notice of its intent to file the proposed rule change at 
least five business days prior to the date of filing of the proposed 
rule change, or such shorter time as designated by the Commission. 
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    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.

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-2017-27 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-2017-27. 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-2017-27 and should be 
submitted on or before April 13, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-05744 Filed 3-22-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                14932                        Federal Register / Vol. 82, No. 55 / Thursday, March 23, 2017 / Notices

                                                SECURITIES AND EXCHANGE                                 which the Commission shall either                      any comments it received on the
                                                COMMISSION                                              approve or disapprove, or institute                    proposed rule change. The text of these
                                                                                                        proceedings to determine whether to                    statements may be examined at the
                                                [Release No. 34–80268; File No. SR–
                                                                                                        disapprove, the proposed rule change                   places specified in Item IV below. The
                                                NYSEMKT–2017–05]
                                                                                                        (File No. SR–NYSEMKT–2017–05).                         Exchange has prepared summaries, set
                                                Self-Regulatory Organizations; NYSE                       For the Commission, by the Division of               forth in sections A, B, and C below, of
                                                MKT LLC; Notice of Designation of                       Trading and Markets, pursuant to delegated             the most significant aspects of such
                                                Longer Period for Commission Action                     authority.7                                            statements.
                                                on Proposed Rule Change Amending                        Eduardo A. Aleman,                                     A. Self-Regulatory Organization’s
                                                Rules 7.29E and 1.1E To Provide for a                   Assistant Secretary.                                   Statement of the Purpose of, and
                                                Delay Mechanism                                         [FR Doc. 2017–05739 Filed 3–22–17; 8:45 am]            Statutory Basis for, the Proposed Rule
                                                March 17, 2017.
                                                                                                        BILLING CODE 8011–01–P                                 Change
                                                   On January 27, 2017, NYSE MKT LLC                                                                           1. Purpose
                                                (the ‘‘Exchange’’ or ‘‘NYSE MKT’’) filed                SECURITIES AND EXCHANGE
                                                with the Securities and Exchange                                                                                  The purpose of the proposed rule
                                                                                                        COMMISSION                                             change is to (i) decommission the ‘‘Tick-
                                                Commission (‘‘Commission’’), pursuant
                                                to Section 19(b)(1) of the Securities                   [Release No. 34–80274; File No. SR–ISE–                Worse’’ functionality and (ii) amend
                                                Exchange Act of 1934 (‘‘Act’’) 1 and Rule               2017–27]                                               Rule 713 (Priority of Quotes and Orders)
                                                19b–4 thereunder,2 a proposed rule                                                                             as it relates to the priority of split price
                                                                                                        Self-Regulatory Organizations;                         transactions. The proposed changes are
                                                change to amend Rules 7.29E and 1.1E                    International Securities Exchange,
                                                to provide for an intentional delay to                                                                         discussed below.
                                                                                                        LLC; Notice of Filing and Immediate
                                                specified order processing. The                         Effectiveness of Proposed Rule                         ‘‘Tick-Worse’’ Functionality
                                                proposed rule change was published for                  Change Relating to ‘‘Tick-Worse’’
                                                comment in the Federal Register on                                                                                The Exchange currently provides
                                                                                                        Functionality                                          market makers 3 with Tick-Worse
                                                February 15, 2017.3 The Commission
                                                has received two comment letters on the                 March 17, 2017.                                        functionality, which allows market
                                                proposal.4                                                 Pursuant to Section 19(b)(1) of the                 makers to pre-define the prices and
                                                   Section 19(b)(2) of the Act 5 provides               Securities Exchange Act of 1934                        sizes at which the system will
                                                that within 45 days of the publication of               (‘‘Act’’),1 and Rule 19b–4 thereunder,2                automatically move their quotation
                                                notice of the filing of a proposed rule                 notice is hereby given that on March 15,               following an execution that exhausts the
                                                change, or within such longer period up                 2017, the International Securities                     size of their existing quotation.4 As
                                                to 90 days as the Commission may                        Exchange, LLC (‘‘ISE’’ or ‘‘Exchange’’)                such, when a market maker’s quote is
                                                designate if it finds such longer period                filed with the Securities and Exchange                 traded out, it can be automatically
                                                to be appropriate and publishes its                     Commission (‘‘Commission’’) the                        reinstated into the Exchange’s order
                                                reasons for so finding or as to which the               proposed rule change as described in                   book at the next best price.5 This
                                                self-regulatory organization consents,                  Items I, II, and III, below, which Items               optional feature is intended to help
                                                the Commission shall either approve the                 have been prepared by the Exchange.                    market makers meet their continuous
                                                proposed rule change, disapprove the                    The Commission is publishing this                      quoting obligations under the
                                                proposed rule change, or institute                      notice to solicit comments on the                      Exchange’s rules 6 when their displayed
                                                proceedings to determine whether the                    proposed rule change from interested                      3 The term ‘‘market makers’’ refers to
                                                proposed rule change should be                          persons.                                               ‘‘Competitive Market Makers’’ and ‘‘Primary Market
                                                disapproved. The 45th day for this filing                                                                      Makers’’ collectively. See Rule 100(a)(25).
                                                                                                        I. Self-Regulatory Organization’s
                                                is April 1, 2017.                                                                                                 4 Tick-Worse functionality is not currently
                                                                                                        Statement of the Terms of Substance of                 memorialized in the Exchange’s rulebook. In
                                                   The Commission is extending the 45-
                                                                                                        the Proposed Rule Change                               addition, the Exchange will not offer Tick-Worse on
                                                day time period for Commission action                                                                          the new Nasdaq INET system going forward. On
                                                on the proposed rule change. The                           The Exchange proposes to (i) request
                                                                                                                                                               September 30, 2004, International Securities
                                                Commission finds that it is appropriate                 the decommission of ‘‘Tick-Worse’’                     Exchange, LLC (‘‘ISE’’) filed with the Commission
                                                to designate a longer period within                     functionality and (ii) amend Rule 713                  a proposal to codify this functionality in its
                                                which to take action on the proposed                    (Priority of Quotes and Orders) relating               rulebook, but inadvertently deleted the rule as
                                                                                                        to the priority of split price transactions.           obsolete rule text in a subsequent proposal filed on
                                                rule change so that it has sufficient time                                                                     December 21, 2012. See Securities Exchange Act
                                                to consider and take action on the                         The text of the proposed rule change                Release No. 51050 (January 18, 2005), 70 FR 3758
                                                Exchange’s proposed rule change.                        is available on the Exchange’s Web site                (January 26, 2005) (SR–ISE–2004–31); Securities
                                                   Accordingly, pursuant to Section                     at www.ise.com, at the principal office                Exchange Act Release No. 68570 (January 3, 2013),
                                                                                                        of the Exchange, and at the                            78 FR 1901 (January 9, 2013) (SR–ISE–2012–82).
                                                19(b)(2) of the Act 6 and for the reasons                                                                         5 Market makers may choose to set Tick-Worse
                                                stated above, the Commission                            Commission’s Public Reference Room.
                                                                                                                                                               parameters by specifying how many price ticks
                                                designates May 16, 2017, as the date by                 II. Self-Regulatory Organization’s                     back, and for what size, the quote is to be
                                                                                                                                                               reinstated.
                                                                                                        Statement of the Purpose of, and                          6 Specifically, Primary Market Makers (‘‘PMMs’’)
                                                  1 15 U.S.C. 78s(b)(1).                                Statutory Basis for, the Proposed Rule                 are required under Rule 804(e)(1) to enter
                                                  2 17 CFR 240.19b–4.
                                                  3 See Securities Exchange Act Release No. 79998
                                                                                                        Change                                                 quotations in all of the series listed on the Exchange
                                                                                                                                                               of the options classes to which they are appointed
sradovich on DSK3GMQ082PROD with NOTICES




                                                (February 9, 2017), 82 FR 10828.                           In its filing with the Commission, the              on a daily basis. Supplementary Material .01 to
                                                  4 See Letters to Brent J. Fields, Secretary,
                                                                                                        Exchange included statements                           Rule 804 further requires PMMs to quote 90% of
                                                Commission, from John Ramsay, Chief Market              concerning the purpose of and basis for                the time their assigned options class is open for
                                                Policy Officer, Investors Exchange LLC, dated                                                                  trading on the Exchange. As provided in Rule
                                                March 10, 2017; and Tyler Gellasch, Executive           the proposed rule change and discussed
                                                                                                                                                               804(e)(2), Competitive Market Makers (‘‘CMMs’’)
                                                Director, Healthy Markets Association, dated March                                                             are not required to enter quotations in the options
                                                10, 2017.                                                 7 17 CFR 200.30–3(a)(31).                            class to which they are appointed, but in the event
                                                  5 15 U.S.C. 78s(b)(2).                                  1 15 U.S.C. 78s(b)(1).                               a CMM does initiate quoting, such CMM is
                                                  6 15 U.S.C. 78s(b)(2).                                  2 17 CFR 240.19b–4.                                  generally required to quote 60% of the time its



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                                                                             Federal Register / Vol. 82, No. 55 / Thursday, March 23, 2017 / Notices                                                         14933

                                                quotations are exhausted. When a                        of the same series that it purchased                    open market and a national market
                                                market maker’s quote is traded out and                  (sold) at the higher (lower) price, but                 system, and, in general to protect
                                                automatically reinstated into the                       only if the purchase (sale) so effected                 investors and the public interest.
                                                Exchange’s order book using the Tick-                   represents the opposite side of a
                                                                                                                                                                ‘‘Tick-Worse’’ Functionality
                                                Worse functionality, the reinstated                     transaction with the same offer (bid) as
                                                quote will be given priority pursuant to                the earlier purchase (sale). Although the                  As noted above, the Exchange
                                                the Exchange’s split price priority rule                language of Rule 713(f) is more general,                originally offered Tick-Worse as an
                                                as discussed below.                                     the Exchange’s intent was to apply split                optional feature to help market makers
                                                   Due to the lack of demand for the                    price priority solely to the Tick-Worse                 meet their continuous quoting
                                                Tick-Worse feature, the Exchange                        functionality.                                          obligations under the Exchange’s rules.
                                                proposes to decommission the use of                        Example:                                             The Exchange believes that its proposal
                                                this functionality as it migrates symbols               —Primary Market Maker has opted into                    is consistent with the Act because it has
                                                to INET no later than in July 31, 2017.7                   tick worse functionality and selected                found that the Tick-Worse feature is
                                                As discussed above, the Exchange offers                    to tick worse and post 10 contracts at               rarely used today 11 as almost all market
                                                the Tick-Worse feature as a voluntary                      a penny worse than their original                    makers use their own systems to send
                                                tool for market makers to assist them in                   quote.                                               refreshed quotations when their
                                                meeting their continuous quoting                        —Primary Market Maker quote for 10                      displayed quotations are exhausted. The
                                                obligations under the Exchange’s rules.                    contracts bid at $1.00 and 10 contracts              Exchange therefore believes that it is
                                                As such, market makers are not required                    offered at $1.02                                     consistent with the Act to propose to
                                                to use the Exchange-provided                            —Additionally, there is a Priority                      discontinue use of this functionality
                                                functionality and can program their own                    Customer order to buy 5 contracts at                 prior to the migration to INET. Because
                                                systems to perform the same functions                      $0.99, and a Competitive Market                      one member continues to utilize the
                                                if they prefer. The Exchange has found                     Maker quote for 10 contracts bid at                  functionality, the Exchange believes that
                                                that almost all market makers use their                    $0.99 and 10 contracts offered at                    providing advance notice of the intent
                                                own systems rather than the Exchange’s                     $1.02                                                to decommission of this functionality
                                                Tick-Worse feature to send refreshed                    —A member enters a sell order for 20                    will serve to prepare Members as to the
                                                quotations when their displayed                            contracts at $0.99                                   upcoming change with INET.
                                                quotations are exhausted, and therefore                 —This order will trade as follows:                         As discussed above, the Exchange
                                                members have discontinued use of this                      • 10 contracts trade at $1.00 with the               originally offered Tick-Worse as an
                                                functionality. Because the Tick-Worse                         Primary Market Maker bid quote,                   optional feature to help market makers
                                                functionality is currently not                                and Primary Market Maker is ticked                meet their continuous quoting
                                                memorialized in the Exchange’s rules as                       worse to 10 contracts bid at $0.99                obligations under the Exchange’s rules.
                                                noted above, there is no text of the                       • 5 contracts trade at $0.99 with the                The Exchange has found, however, that
                                                proposed rule change. The Exchange                            Priority Customer order due to                    the Tick-Worse feature is rarely used
                                                will provide advance notice to its                            customer priority                                 today as almost all market makers use
                                                Members through an Options Trader                          • 5 contracts trade at $0.99 with the                their own systems to send refreshed
                                                Alert of the intent to decommission the                       Primary Market Maker’s ticked                     quotations when their displayed
                                                Tick-Worse functionality.8                                    worse quote due to the split price                quotations are exhausted. The Exchange
                                                                                                              priority rule; 0 contracts trade with             therefore believes that decommissioning
                                                Split Price Priority                                          the Competitive Market Maker bid                  Tick-Worse and providing advance
                                                  The Exchange is proposing to delete                         quote                                             notice to its members, is consistent with
                                                ISE Rule 713(f), which relates to the                      The Exchange represents that Tick-                   the Act because it eliminates any
                                                priority of split price transactions,                   Worse has historically only ever applied                investor uncertainty related to the status
                                                because this priority rule currently only               in the context of the split price priority              of this functionality.
                                                applies in the context of the Tick-Worse                rule in ISE Rule 713(f). Furthermore, the               Split Price Priority
                                                functionality, as described above, which                Exchange has historically only ever
                                                the Exchange proposes to                                awarded priority pursuant to ISE Rule                      The Exchange also believes that its
                                                decommission. The Exchange proposes                     713(f) for split price transactions that                proposal to delete the split price priority
                                                to delete this rule no later than July 31,              occur in the Tick-Worse functionality,                  rule in Rule 713(f) protects investors
                                                2017, along with the decommissioning                    and the existing rule should have been                  and the public interest because it
                                                of the Tick-Worse functionality.                        clarified to more accurately reflect its                removes rule text that became obsolete
                                                  ISE Rule 713(f) provides that if a                    current application. Nonetheless, the                   with the decommission of the Tick-
                                                Member purchases (sells) one (1) or                     Exchange is now proposing to delete the                 Worse functionality. As described
                                                more options contracts of a particular                  rule text in its entirety along with                    above, the split price priority rule only
                                                series at a particular price, it shall at the           decommissioning the Tick-Worse                          applies to the Tick-Worse functionality.
                                                next lower (higher) price at which there                functionality, as proposed above.                       Because the Rule is more general than
                                                are Professional Orders or market maker                                                                         its current, specific application,
                                                quotes, have priority over such                         2. Statutory Basis                                      however, the Exchange believes that the
                                                Professional Orders and market maker                       The Exchange believes that its                       continued presence of Rule 713(f) in its
                                                quotes in purchasing (selling) up to the                proposal is consistent with Section 6(b)                rules even after retiring the Tick-Worse
                                                equivalent number of options contracts                  of the Act,9 in general, and furthers the               functionality will be confusing to its
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                                                                                                        objectives of Section 6(b)(5) of the Act,10             members and investors. By removing
                                                assigned options class is open for trading on the       in particular, in that it is designed to                obsolete rule text that only applies in
                                                Exchange.                                               promote just and equitable principles of                the context of Tick-Worse, the Exchange
                                                  7 Currently, this functionality is being used by
                                                                                                        trade, to remove impediments to and                     is eliminating any potential for
                                                one market maker on the Exchange.
                                                  8 The Exchange notes that it similarly
                                                                                                        perfect the mechanism of a free and                     confusion about how its systems
                                                decommission Tick-Worse on ISE Gemini on                                                                        operate.
                                                                                                          9 15   U.S.C. 78f(b).
                                                February 21, 2017. See Market Information Circular
                                                2017–10.                                                  10 15   U.S.C. 78f(b)(5).                               11 It   is only being used by one market maker.



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                                                14934                          Federal Register / Vol. 82, No. 55 / Thursday, March 23, 2017 / Notices

                                                B. Self-Regulatory Organization’s                         Comments may be submitted by any of                    SECURITIES AND EXCHANGE
                                                Statement on Burden on Competition                        the following methods:                                 COMMISSION
                                                  The Exchange does not believe that                      Electronic Comments
                                                the proposed rule change will impose                                                                             [Release No. 34–80271; File No. SR–
                                                any burden on competition not                               • Use the Commission’s Internet                      NYSEARCA–2017–24]
                                                necessary or appropriate in furtherance                   comment form (http://www.sec.gov/
                                                of the purposes of the Act. The                           rules/sro.shtml); or                                   Self-Regulatory Organizations; NYSE
                                                proposed rule change is not designed to                                                                          Arca, Inc.; Notice of Filing of Proposed
                                                                                                            • Send an email to rule-comments@
                                                have any competitive impact but rather                                                                           Rule Change Amending Rule 6.80 To
                                                                                                          sec.gov. Please include File Number SR–
                                                request the decommission of a rarely-                                                                            Make Permanent a Program That
                                                                                                          ISE–2017–27 on the subject line.
                                                used functionality on the Exchange and                                                                           Allows Transactions To Take Place at
                                                relatedly, to remove the rule text that                   Paper Comments                                         a Price That Is Below $1 per Option
                                                this functionality supports from the                                                                             Contract
                                                Exchange’s rulebook, thereby reducing                       • Send paper comments in triplicate
                                                investor confusion and making the                         to Secretary, Securities and Exchange                  March 17, 2017.
                                                Exchange’s rules easier to understand                     Commission, 100 F Street NE.,                             Pursuant to Section 19(b)(1) 1 of the
                                                and navigate.                                             Washington, DC 20549–1090.                             Securities Exchange Act of 1934 (the
                                                C. Self-Regulatory Organization’s                         All submissions should refer to File                   ‘‘Act’’) 2 and Rule 19b–4 thereunder,3
                                                Statement on Comments on the                              Number SR–ISE–2017–27. This file                       notice is hereby given that, on March 2,
                                                Proposed Rule Change Received From                        number should be included on the                       2017, NYSE Arca, Inc. (the ‘‘Exchange’’
                                                Members, Participants, or Others                          subject line if email is used. To help the             or ‘‘NYSE Arca’’) filed with the
                                                  No written comments were either                         Commission process and review your                     Securities and Exchange Commission
                                                solicited or received.                                    comments more efficiently, please use                  (the ‘‘Commission’’) the proposed rule
                                                                                                          only one method. The Commission will                   change as described in Items I and II,
                                                III. Date of Effectiveness of the                         post all comments on the Commission’s                  below, which Items have been prepared
                                                Proposed Rule Change and Timing for                       Internet Web site (http://www.sec.gov/                 by the self-regulatory organization. The
                                                Commission Action                                                                                                Commission is publishing this notice to
                                                                                                          rules/sro.shtml). Copies of the
                                                   Because the foregoing proposed rule                    submission, all subsequent                             solicit comments on the proposed rule
                                                change does not: (i) Significantly affect                 amendments, all written statements                     change from interested persons.
                                                the protection of investors or the public                 with respect to the proposed rule
                                                interest; (ii) impose any significant                                                                            I. Self-Regulatory Organization’s
                                                                                                          change that are filed with the                         Statement of the Terms of Substance of
                                                burden on competition; and (iii) become                   Commission, and all written
                                                operative for 30 days from the date on                                                                           the Proposed Rule Change
                                                                                                          communications relating to the
                                                which it was filed, or such shorter time                  proposed rule change between the                         The Exchange proposes to amend
                                                as the Commission may designate, it has
                                                                                                          Commission and any person, other than                  Rule 6.80 to make permanent a program
                                                become effective pursuant to Section
                                                                                                          those that may be withheld from the                    that allows transactions to take place at
                                                19(b)(3)(A)(iii) of the Act 12 and
                                                                                                          public in accordance with the                          a price that is below $1 per option
                                                subparagraph (f)(6) of Rule 19b–4
                                                thereunder.13                                             provisions of 5 U.S.C. 552, will be                    contract. The proposed rule change is
                                                   At any time within 60 days of the                      available for Web site viewing and                     available on the Exchange’s Web site at
                                                filing of the proposed rule change, the                   printing in the Commission’s Public                    www.nyse.com, at the principal office of
                                                Commission summarily may                                  Reference Room, 100 F Street NE.,                      the Exchange, and at the Commission’s
                                                temporarily suspend such rule change if                   Washington, DC 20549, on official                      Public Reference Room.
                                                it appears to the Commission that such                    business days between the hours of
                                                                                                          10:00 a.m. and 3:00 p.m. Copies of the                 II. Self-Regulatory Organization’s
                                                action is: (i) Necessary or appropriate in
                                                                                                          filing also will be available for                      Statement of the Purpose of, and
                                                the public interest; (ii) for the protection
                                                of investors; or (iii) otherwise in                       inspection and copying at the principal                Statutory Basis for, the Proposed Rule
                                                furtherance of the purposes of the Act.                   office of the Exchange. All comments                   Change
                                                If the Commission takes such action, the                  received will be posted without change;                  In its filing with the Commission, the
                                                Commission shall institute proceedings                    the Commission does not edit personal                  self-regulatory organization included
                                                to determine whether the proposed rule                    identifying information from                           statements concerning the purpose of,
                                                should be approved or disapproved.                        submissions. You should submit only                    and basis for, the proposed rule change
                                                IV. Solicitation of Comments                              information that you wish to make                      and discussed any comments it received
                                                                                                          available publicly. All submissions                    on the proposed rule change. The text
                                                  Interested persons are invited to                       should refer to File Number SR–ISE–
                                                submit written data, views, and                                                                                  of those statements may be examined at
                                                                                                          2017–27 and should be submitted on or                  the places specified in Item IV below.
                                                arguments concerning the foregoing,                       before April 13, 2017.
                                                including whether the proposed rule                                                                              The Exchange has prepared summaries,
                                                change is consistent with the Act.                          For the Commission, by the Division of               set forth in sections A, B, and C below,
                                                                                                          Trading and Markets, pursuant to delegated             of the most significant parts of such
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                                                  12 15  U.S.C. 78s(b)(3)(A)(iii).                        authority.14                                           statements.
                                                  13 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–      Eduardo A. Aleman,
                                                4(f)(6) requires a self-regulatory organization to give
                                                the Commission written notice of its intent to file
                                                                                                          Assistant Secretary.
                                                the proposed rule change at least five business days      [FR Doc. 2017–05744 Filed 3–22–17; 8:45 am]
                                                prior to the date of filing of the proposed rule          BILLING CODE 8011–01–P                                   1 15 U.S.C.78s(b)(1).
                                                change, or such shorter time as designated by the
                                                                                                                                                                   2 15 U.S.C. 78a.
                                                Commission. The Exchange has satisfied this
                                                requirement.                                                14 17   CFR 200.30–3(a)(12).                           3 17 CFR 240.19b–4.




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Document Created: 2017-03-23 02:45:27
Document Modified: 2017-03-23 02:45:27
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 14932 

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