82_FR_16506 82 FR 16443 - Self-Regulatory Organizations; NYSE Arca, Inc.; Order Approving Proposed Rule Change To Amend Rule 6.37B Regarding Market Maker Quotations, Including To Adopt a Market Maker Light Only Quotation

82 FR 16443 - Self-Regulatory Organizations; NYSE Arca, Inc.; Order Approving Proposed Rule Change To Amend Rule 6.37B Regarding Market Maker Quotations, Including To Adopt a Market Maker Light Only Quotation

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 63 (April 4, 2017)

Page Range16443-16445
FR Document2017-06564

Federal Register, Volume 82 Issue 63 (Tuesday, April 4, 2017)
[Federal Register Volume 82, Number 63 (Tuesday, April 4, 2017)]
[Notices]
[Pages 16443-16445]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-06564]


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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80329; File No. SR-NYSEArca-2017-17]


Self-Regulatory Organizations; NYSE Arca, Inc.; Order Approving 
Proposed Rule Change To Amend Rule 6.37B Regarding Market Maker 
Quotations, Including To Adopt a Market Maker Light Only Quotation

March 29, 2017.

I. Introduction

    On February 10, 2017, NYSE Arca, Inc. (the ``Exchange'') filed with 
the Securities and Exchange Commission (``Commission'') pursuant to 
Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\ 
and Rule 19b-4 thereunder,\2\ a proposed rule change to amend Rule 
6.37B regarding Market Maker Quotations, including to adopt a Market 
Maker Light Only Quotation. The proposed rule change was published for 
comment in the Federal Register on February 27, 2017.\3\ The Commission 
received no comment letters on the proposed rule change. This order 
approves the proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 80072 (February 21, 
2017), 82 FR 11964 (``Notice'').
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II. Description of the Proposed Rule Change

    The Exchange proposes to amend Rule 6.37B(a), which provides that a 
Market Maker may enter quotes in the option issues included in its 
appointment, to define a Market Maker ``quote,'' add a new quote type, 
and specify how such quotes would be processed when a series is open 
for trading.
    First, the Exchange proposes to define a Market Maker quote to 
provide that ``[t]he term `quote' or `quotation' means a bid or offer 
entered by a Market Maker

[[Page 16444]]

that updates the Market Maker's previous bid or offer, if any.'' \4\
---------------------------------------------------------------------------

    \4\ See proposed Rule 6.37B(a)(1). The Exchange notes that its 
proposed definition is identical or substantially similar to related 
definitions on other options exchanges. See, e.g., International 
Securities Exchange, LLC Rule 100(a)(42); BOX Options Exchange LLC 
Rule 100(a)(55). The Exchange also proposes to modify the current 
definition of ``Quote with Size'' to include a cross reference to 
the proposed definition of ``quotation.'' See proposed Rule 
6.1(b)(33).
---------------------------------------------------------------------------

    Second, the Exchange proposes to add a Market Maker Light Only 
Quotation (``MMLO'') to provide Market Makers the option to designate 
incoming quotes to trade solely with displayed interest on the 
Consolidated Book.\5\ This proposed change would allow Market Makers to 
designate quotes as MMLO to prevent such quotes from trading with 
undisplayed liquidity upon arrival. Once an MMLO is added to the 
Consolidated Book, the MMLO designation would no longer apply and any 
unexecuted portion could trade with displayed and undisplayed interest.
---------------------------------------------------------------------------

    \5\ See proposed Rule 6.37B(a)(2). The Exchange noted that this 
proposed functionality for Market Maker quotations is comparable to 
functionality Market Makers may currently employ for orders. See 
Notice, supra note 3, at 11964-65, 11964 n.9. See also Rule 6.62(v) 
(defining Post No Preference Light Orders as non-routable orders 
that are only eligible to execute against displayed liquidity). The 
Exchange further noted that it previously offered, and later 
eliminated, a Post No Preference Light Only Quotation (``PNPLO''), 
which, like the MMLO, allowed Market Makers to designate certain 
quotations to only interact with displayed liquidity. See Notice, 
supra note 3, at 11965 n.10. See also Securities Exchange Act 
Release Nos. 67252 (June 25, 2012), 77 FR 38879 (June 29, 2012) (SR-
NYSEArca-2012-05) (order approving adoption of PNPLO for Penny Pilot 
issues only); 68339 (December 3, 2012), 77 FR 73109 (December 7, 
2012) (SR-NYSEArca-2012-130) (extending the PNPLO to non-Penny Pilot 
issues); 69641 (May 28, 2013), 78 FR 33134 (June 3, 2013) (SR-
NYSEArca-2013-51) (eliminating reference to the PNPLO).
---------------------------------------------------------------------------

    Finally, the Exchange proposes to modify the processing of Market 
Maker quotations, including MMLOs, in a manner that aligns with the 
Options Order Protection And Locked/Crossed Market Plan (``Plan''), to 
which the Exchange is a party.\6\ Specifically, as proposed, an 
incoming quotation would only trade against contra-side interest in the 
Consolidated Book at prices that would not trade through interest on 
another Market Center.\7\ Any untraded size of an incoming quote would 
be added to the Consolidated Book, unless it locks or crosses interest 
on another Market Center or if the quote is an MMLO and locks or 
crosses undisplayed interest.\8\ The proposed rule would further state 
that when such quantity of an incoming quote is cancelled (as opposed 
to being rejected outright), the Exchange would also cancel the Market 
Maker's current quote on the opposite side of the market. According to 
the Exchange, this would allow the Market Maker to refresh both its bid 
and offer simultaneously, as both sides of the Market Maker's quote 
residing on the Consolidated Book would be cancelled.\9\ Additionally, 
the Exchange would reject an incoming quotation if it locks or crosses 
interest on another Market Center and if it cannot trade with interest 
in the Consolidated Book at prices that do not trade through another 
Market Center.\10\ The Exchange also proposes to reject an incoming 
MMLO if it locks or crosses undisplayed interest and cannot trade with 
displayed interest in the Consolidated Book at prices that do not trade 
through another Market Center.\11\ The proposed rule would further 
state that when an incoming quote is rejected outright (as opposed to 
being cancelled after a partial fill), the Exchange would also cancel 
the Market Maker's current quote on the same side of the market.\12\ 
According to the Exchange, this treatment recognizes that the Market 
Maker unsuccessfully attempted to update its bid or offer price, and 
the cancellation would allow the Market Maker to refresh that side of 
its quote.\13\ The Exchange also proposes to specify that, when a 
series is open for trading, a quote will trade only against interest in 
the Consolidated Book and will not route.\14\
---------------------------------------------------------------------------

    \6\ See Plan, dated April 14, 2009, available at, http://www.optionsclearing.com/components/docs/clearing/services/options_order_protection_plan.pdf. See also Securities Exchange Act 
Release No. 60405 (July 30, 2009), 74 FR 39362 (August 6, 2009) 
(File No. 4-546) (order approving the Plan). The Plan establishes 
various obligations for participating exchanges, including that 
Market Makers should ``reasonably avoid displaying, and shall not 
engage in a pattern or practice of displaying, any quotations that 
lock or cross'' the best bid or offer on another Market Center. See 
Plan, supra, at Section 6(c).
    \7\ See proposed Rule 6.37B(a)(3)(A). See also Rule 6.1A(6) 
(defining Market Center as ``a national securities exchange that has 
qualified for participation in the Options Clearing Corporation 
pursuant to the provisions of the rules of the Options Clearing 
Corporation'').
    \8\ See proposed Rule 6.37B(a)(3)(B)(i).
    \9\ See Notice, supra note 3, at 11965.
    \10\ See proposed Rule 6.37B(a)(3)(C)(i).
    \11\ See proposed Rule 6.37B(a)(3)(C)(ii).
    \12\ See proposed Rule 6.37B(a)(3)(C).
    \13\ See Notice, supra note 3, at 11965.
    \14\ See proposed Rule 6.37B(a)(3)(D).
---------------------------------------------------------------------------

    According to the Exchange, the implementation of the proposed rule 
change will be no later than 30 days after its approval, and will be 
announced by Trader Update.\15\
---------------------------------------------------------------------------

    \15\ See Notice, supra note 3, at 11965.
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III. Discussion and Commission Findings

    After careful review, the Commission finds that the proposed rule 
change is consistent with the requirements of Section 6 of the Act \16\ 
and the rules and regulations thereunder applicable to a national 
securities exchange.\17\ In particular, the Commission finds that the 
proposed rule change is consistent with Section 6(b)(5) of the Act,\18\ 
which requires, among other things, that the rules of a national 
securities exchange be designed to prevent fraudulent and manipulative 
acts and practices, to promote just and equitable principles of trade, 
to foster cooperation and coordination with persons engaged in 
regulating, clearing, settling, processing information with respect to, 
and facilitating transactions in securities, to remove impediments to 
and perfect the mechanism of a free and open market and a national 
market system, and, in general, to protect investors and the public 
interest and that the rules not be designed to permit unfair 
discrimination between customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78f.
    \17\ In approving this proposed rule change, the Commission has 
considered the proposed rule's impact on efficiency, competition, 
and capital formation. See 15 U.S.C. 78c(f).
    \18\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange noted that its proposal to add the definition of 
Market Maker quotes will provide additional clarity and transparency to 
Exchange rules.\19\ The Exchange further stated that it is difficult 
for Market Makers to account for undisplayed liquidity in their quoting 
models. The Exchange believes that its proposal to adopt the MMLO 
functionality would therefore provide Market Makers with increased 
control over their exposure, and thus may encourage more aggressive 
liquidity provision, resulting in more trading opportunities and 
tighter spreads.\20\ According to the Exchange, this would improve 
overall market quality and improve competition on the Exchange to the 
benefit of all market participants.\21\ Finally, the Exchange stated 
that its proposal to amend the treatment of Market Maker quotations 
would assist Market Makers in maintaining a fair and orderly market, 
would encourage increased liquidity provision on the Exchange, and is 
consistent with Exchange's obligations under the Plan in that it avoids 
trading through better prices on other exchanges and is designed to 
avoid locking and crossing

[[Page 16445]]

markets.\22\ In particular, the Exchange noted that the proposed rules 
with respect to the treatment of Market Maker quotations would enable 
Market Makers to simultaneously update both sides of their resting 
quote when one side of the quote received a partial fill but was 
subsequently cancelled, and to leave undisturbed valid opposite-side 
interest where one side of a quote is rejected and not booked.\23\ This 
proposal does not relieve a Market Maker of its continuous quoting, or 
firm quote, obligations pursuant to Rules 6.37B and 6.86, respectively. 
For these reasons, the Commission finds that the proposed rule change 
is consistent with Section 6(b)(5) of the Act and the rules and 
regulations thereunder applicable to a national securities exchange.
---------------------------------------------------------------------------

    \19\ See Notice, supra note 3, at 11966.
    \20\ See id.
    \21\ See id.
    \22\ See id.
    \23\ See id.
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the 
Act,\24\ that the proposed rule change (SR-NYSEArca-2017-17) be, and 
hereby is, approved.
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    \24\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\25\
---------------------------------------------------------------------------

    \25\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-06564 Filed 4-3-17; 8:45 am]
BILLING CODE 8011-01-P



                                                                                    Federal Register / Vol. 82, No. 63 / Tuesday, April 4, 2017 / Notices                                                  16443

                                                    integration of the relevant CBOE rules                  rules incorporated by reference, has                  certain CBOE rules that are the result of
                                                    into C2’s rules. The Exchange has                       identified the applicable originating                 changes to such CBOE rules, provided
                                                    agreed to provide written notice to its                 SRO(s), together with the rules it wants              that the Exchange promptly provides
                                                    members whenever CBOE proposes a                        to incorporate by reference, and                      written notice to its members whenever
                                                    change to a CBOE rule that the                          otherwise has complied with the                       CBOE proposes to change a rule that the
                                                    Exchange has incorporated by                            procedural requirements set forth in the              Exchange has incorporated by reference.
                                                    reference.12                                            Commission’s release governing                          For the Commission, by the Division of
                                                       The Exchange believes this exemption                 procedures for requesting exemptive                   Trading and Markets, pursuant to delegated
                                                    is necessary and appropriate to maintain                orders pursuant to Rule 0–12 under the                authority.21
                                                    consistency between C2 rules and the                    Exchange Act; 17                                      Eduardo A. Aleman,
                                                    relevant CBOE rules, thus helping to                       • The incorporating SRO has                        Assistant Secretary.
                                                    ensure identical regulation of C2 Permit                requested incorporation of categories of              [FR Doc. 2017–06571 Filed 4–3–17; 8:45 am]
                                                    Holders that are also CBOE Trading                      rules (rather than individual rules
                                                    Permit Holders 13 with respect to the                                                                         BILLING CODE 8011–01–P
                                                                                                            within a category) that are not trading
                                                    incorporated provisions as well as                      rules (e.g., the SRO has requested
                                                    helping to ensure that C2-only Permit                   incorporation of rules such as margin,
                                                    Holders are subject to consistent                                                                             SECURITIES AND EXCHANGE
                                                                                                            suitability, or arbitration); and                     COMMISSION
                                                    regulation as CBOE Trading Permit                          • The incorporating SRO has
                                                    Holders.14 The Exchange believes that,                  reasonable procedures in place to                     [Release No. 34–80329; File No. SR–
                                                    without such an exemption, such Permit                  provide written notice to its members                 NYSEArca–2017–17]
                                                    Holders could be subject to two                         each time a change is proposed to the
                                                    different standards.15                                                                                        Self-Regulatory Organizations; NYSE
                                                                                                            incorporated rules of another SRO.18
                                                       The Commission has issued                                                                                  Arca, Inc.; Order Approving Proposed
                                                                                                               The Commission believes that the
                                                    exemptions similar to the Exchange’s                                                                          Rule Change To Amend Rule 6.37B
                                                                                                            Exchange has satisfied each of these
                                                    request.16 In granting one such                                                                               Regarding Market Maker Quotations,
                                                                                                            conditions. The Commission also
                                                    exemption in 2010, the Commission                                                                             Including To Adopt a Market Maker
                                                                                                            believes that granting the Exchange an
                                                    repeated a prior, 2004 Commission                                                                             Light Only Quotation
                                                                                                            exemption from the rule filing
                                                    statement that it would consider similar                requirements under Section 19(b) of the               March 29, 2017.
                                                    future exemption requests from other                    Exchange Act will promote efficient use
                                                    self-regulatory organizations (‘‘SROs’’),               of Commission and Exchange resources                  I. Introduction
                                                    provided that:                                          by avoiding duplicative rule filings                     On February 10, 2017, NYSE Arca,
                                                       • An SRO wishing to incorporate                                                                            Inc. (the ‘‘Exchange’’) filed with the
                                                                                                            based on simultaneous changes to
                                                    rules of another SRO by reference has
                                                                                                            identical rule text sought by more than               Securities and Exchange Commission
                                                    submitted a written request for an order
                                                                                                            one SRO.19 The Commission therefore                   (‘‘Commission’’) pursuant to Section
                                                    exempting it from the requirement in
                                                                                                            finds it appropriate in the public                    19(b)(1) of the Securities Exchange Act
                                                    Section 19(b) of the Exchange Act to file
                                                                                                            interest and consistent with the                      of 1934 (‘‘Act’’) 1 and Rule 19b–4
                                                    proposed rule changes relating to the
                                                                                                            protection of investors to exempt the                 thereunder,2 a proposed rule change to
                                                       12 The Exchange will provide this notice by          Exchange from the rule filing                         amend Rule 6.37B regarding Market
                                                    posting on its Web site, at the same location as it     requirements under Section 19(b) of the               Maker Quotations, including to adopt a
                                                    posts its own rule filings as required by Rule 19b–     Exchange Act with respect to the above-               Market Maker Light Only Quotation.
                                                    4(l), a link to the location on CBOE’s Web site         described rules it has incorporated by                The proposed rule change was
                                                    where the proposed rule change is posted. Id.
                                                       13 ‘‘Trading Permit Holder’’ means ‘‘any
                                                                                                            reference. This exemption is                          published for comment in the Federal
                                                    individual, corporation, partnership, limited           conditioned upon the Exchange                         Register on February 27, 2017.3 The
                                                    liability company or other entity authorized by the     promptly providing written notice to its              Commission received no comment
                                                    Rules that holds a Trading Permit . . . A Trading       members whenever CBOE changes a                       letters on the proposed rule change.
                                                    Permit Holder is a ‘member’ solely for purposes of                                                            This order approves the proposed rule
                                                    the [Exchange] Act.’’ See CBOE Rule 1.1 (citing
                                                                                                            rule that the Exchange has incorporated
                                                    Section 1.1 of CBOE Bylaws).                            by reference.                                         change.
                                                       14 C2 Letter, supra note 8.                             Accordingly, it is ordered, pursuant to            II. Description of the Proposed Rule
                                                       15 Id.
                                                                                                            Section 36 of the Exchange Act,20 that                Change
                                                       16 See, e.g., Securities Exchange Act Release Nos.
                                                                                                            the Exchange is exempt from the rule
                                                    72650 (July 22, 2014), 79 FR 44075 (July 29, 2014)                                                               The Exchange proposes to amend
                                                    (order granting exemptive requests from NASDAQ
                                                                                                            filing requirements of Section 19(b) of
                                                    OMX BX, Inc. and the NASDAQ Stock Market LLC            the Exchange Act solely with respect to               Rule 6.37B(a), which provides that a
                                                    relating to rules of NASDAQ OMX PHLX LLC                changes to the rules identified in its                Market Maker may enter quotes in the
                                                    incorporated by reference); 67256 (June 26, 2012),      request that incorporate by reference                 option issues included in its
                                                    77 FR 39277, 39286 (July 2, 2012) (order approving                                                            appointment, to define a Market Maker
                                                    SR–BX–2012–030 and granting exemptive request
                                                    relating to rules incorporated by reference by the
                                                                                                               17 See 17 CFR 240.0–12 and Securities Exchange     ‘‘quote,’’ add a new quote type, and
                                                    BX Options rules); 61534 (February 18, 2010), 75 FR     Act Release No. 39624 (February 5, 1998), 63 FR       specify how such quotes would be
                                                    8760 (February 25, 2010) (order granting BATS           8101 (February 18, 1998) (‘‘Commission Procedures     processed when a series is open for
                                                    Exchange, Inc.’s exemptive request relating to rules    for Filing Applications for Orders for Exemptive
                                                                                                            Relief Pursuant to Section 36 of the Exchange Act;    trading.
                                                    incorporated by reference by the BATS Exchange
                                                                                                            Final Rule’’).                                           First, the Exchange proposes to define
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    Options Market rules) (‘‘BATS Options Market
                                                    Order’’); 67256 (June 26, 2012), 77 FR 39277, 39286
                                                                                                               18 See BATS Options Market Order, supra note 15    a Market Maker quote to provide that
                                                    (July 2, 2012) (order approving SR–BX–2012–030          (citing Securities Exchange Act Release No. 49260     ‘‘[t]he term ‘quote’ or ‘quotation’ means
                                                    and granting exemptive request relating to rules        (February 17, 2004), 69 FR 8500 (February 24, 2004)
                                                                                                            (order granting exemptive request relating to rules
                                                                                                                                                                  a bid or offer entered by a Market Maker
                                                    incorporated by reference by the BX Options rules);
                                                    and 57478 (March 12, 2008), 73 FR 14521, 14539–         incorporated by reference by several SROs) (‘‘2004
                                                                                                                                                                    21 17 CFR 200.30–3(a)(76).
                                                    40 (March 18, 2008) (order approving SR–                Order’’)).
                                                                                                               19 See BATS Options Market Order, supra note         1 15 U.S.C. 78s(b)(1).
                                                    NASDAQ–2007–004 and SR–NASDAQ–2007–080,
                                                    and granting exemptive request relating to rules        15, 75 FR at 8761; see also 2004 Order, supra note      2 17 CFR 240.19b–4.

                                                    incorporated by reference by The NASDAQ Options         17, 69 FR at 8502.                                      3 See Securities Exchange Act Release No. 80072

                                                    Market).                                                   20 15 U.S.C. 78mm.                                 (February 21, 2017), 82 FR 11964 (‘‘Notice’’).



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                                                    16444                            Federal Register / Vol. 82, No. 63 / Tuesday, April 4, 2017 / Notices

                                                    that updates the Market Maker’s                          another Market Center.7 Any untraded                  III. Discussion and Commission
                                                    previous bid or offer, if any.’’ 4                       size of an incoming quote would be                    Findings
                                                       Second, the Exchange proposes to add                  added to the Consolidated Book, unless                   After careful review, the Commission
                                                    a Market Maker Light Only Quotation                      it locks or crosses interest on another               finds that the proposed rule change is
                                                    (‘‘MMLO’’) to provide Market Makers                      Market Center or if the quote is an                   consistent with the requirements of
                                                    the option to designate incoming quotes                  MMLO and locks or crosses                             Section 6 of the Act 16 and the rules and
                                                    to trade solely with displayed interest                  undisplayed interest.8 The proposed                   regulations thereunder applicable to a
                                                    on the Consolidated Book.5 This                          rule would further state that when such               national securities exchange.17 In
                                                    proposed change would allow Market                       quantity of an incoming quote is                      particular, the Commission finds that
                                                    Makers to designate quotes as MMLO to                    cancelled (as opposed to being rejected               the proposed rule change is consistent
                                                    prevent such quotes from trading with                    outright), the Exchange would also                    with Section 6(b)(5) of the Act,18 which
                                                    undisplayed liquidity upon arrival.                      cancel the Market Maker’s current quote               requires, among other things, that the
                                                    Once an MMLO is added to the                             on the opposite side of the market.                   rules of a national securities exchange
                                                    Consolidated Book, the MMLO                              According to the Exchange, this would                 be designed to prevent fraudulent and
                                                    designation would no longer apply and                    allow the Market Maker to refresh both                manipulative acts and practices, to
                                                    any unexecuted portion could trade                       its bid and offer simultaneously, as both             promote just and equitable principles of
                                                    with displayed and undisplayed                           sides of the Market Maker’s quote                     trade, to foster cooperation and
                                                    interest.                                                residing on the Consolidated Book                     coordination with persons engaged in
                                                       Finally, the Exchange proposes to                     would be cancelled.9 Additionally, the                regulating, clearing, settling, processing
                                                    modify the processing of Market Maker                    Exchange would reject an incoming                     information with respect to, and
                                                    quotations, including MMLOs, in a                        quotation if it locks or crosses interest             facilitating transactions in securities, to
                                                    manner that aligns with the Options                      on another Market Center and if it                    remove impediments to and perfect the
                                                    Order Protection And Locked/Crossed                      cannot trade with interest in the                     mechanism of a free and open market
                                                    Market Plan (‘‘Plan’’), to which the                     Consolidated Book at prices that do not               and a national market system, and, in
                                                                                                             trade through another Market Center.10                general, to protect investors and the
                                                    Exchange is a party.6 Specifically, as
                                                                                                             The Exchange also proposes to reject an               public interest and that the rules not be
                                                    proposed, an incoming quotation would
                                                                                                             incoming MMLO if it locks or crosses                  designed to permit unfair
                                                    only trade against contra-side interest in
                                                                                                                                                                   discrimination between customers,
                                                    the Consolidated Book at prices that                     undisplayed interest and cannot trade
                                                                                                                                                                   issuers, brokers, or dealers.
                                                    would not trade through interest on                      with displayed interest in the
                                                                                                                                                                      The Exchange noted that its proposal
                                                                                                             Consolidated Book at prices that do not
                                                                                                                                                                   to add the definition of Market Maker
                                                       4 See proposed Rule 6.37B(a)(1). The Exchange         trade through another Market Center.11
                                                    notes that its proposed definition is identical or
                                                                                                                                                                   quotes will provide additional clarity
                                                                                                             The proposed rule would further state                 and transparency to Exchange rules.19
                                                    substantially similar to related definitions on other
                                                    options exchanges. See, e.g., International
                                                                                                             that when an incoming quote is rejected               The Exchange further stated that it is
                                                    Securities Exchange, LLC Rule 100(a)(42); BOX            outright (as opposed to being cancelled               difficult for Market Makers to account
                                                    Options Exchange LLC Rule 100(a)(55). The                after a partial fill), the Exchange would             for undisplayed liquidity in their
                                                    Exchange also proposes to modify the current             also cancel the Market Maker’s current
                                                    definition of ‘‘Quote with Size’’ to include a cross                                                           quoting models. The Exchange believes
                                                    reference to the proposed definition of ‘‘quotation.’’   quote on the same side of the market.12               that its proposal to adopt the MMLO
                                                    See proposed Rule 6.1(b)(33).                            According to the Exchange, this                       functionality would therefore provide
                                                       5 See proposed Rule 6.37B(a)(2). The Exchange
                                                                                                             treatment recognizes that the Market                  Market Makers with increased control
                                                    noted that this proposed functionality for Market        Maker unsuccessfully attempted to
                                                    Maker quotations is comparable to functionality                                                                over their exposure, and thus may
                                                    Market Makers may currently employ for orders.           update its bid or offer price, and the                encourage more aggressive liquidity
                                                    See Notice, supra note 3, at 11964–65, 11964 n.9.        cancellation would allow the Market                   provision, resulting in more trading
                                                    See also Rule 6.62(v) (defining Post No Preference       Maker to refresh that side of its quote.13            opportunities and tighter spreads.20
                                                    Light Orders as non-routable orders that are only
                                                    eligible to execute against displayed liquidity). The
                                                                                                             The Exchange also proposes to specify                 According to the Exchange, this would
                                                    Exchange further noted that it previously offered,       that, when a series is open for trading,              improve overall market quality and
                                                    and later eliminated, a Post No Preference Light         a quote will trade only against interest              improve competition on the Exchange to
                                                    Only Quotation (‘‘PNPLO’’), which, like the MMLO,        in the Consolidated Book and will not                 the benefit of all market participants.21
                                                    allowed Market Makers to designate certain
                                                    quotations to only interact with displayed liquidity.    route.14                                              Finally, the Exchange stated that its
                                                    See Notice, supra note 3, at 11965 n.10. See also           According to the Exchange, the                     proposal to amend the treatment of
                                                    Securities Exchange Act Release Nos. 67252 (June
                                                                                                             implementation of the proposed rule                   Market Maker quotations would assist
                                                    25, 2012), 77 FR 38879 (June 29, 2012) (SR–                                                                    Market Makers in maintaining a fair and
                                                    NYSEArca–2012–05) (order approving adoption of           change will be no later than 30 days
                                                    PNPLO for Penny Pilot issues only); 68339                                                                      orderly market, would encourage
                                                                                                             after its approval, and will be
                                                    (December 3, 2012), 77 FR 73109 (December 7,                                                                   increased liquidity provision on the
                                                                                                             announced by Trader Update.15
                                                    2012) (SR–NYSEArca–2012–130) (extending the                                                                    Exchange, and is consistent with
                                                    PNPLO to non-Penny Pilot issues); 69641 (May 28,                                                               Exchange’s obligations under the Plan
                                                    2013), 78 FR 33134 (June 3, 2013) (SR–NYSEArca–            7 See proposed Rule 6.37B(a)(3)(A). See also Rule
                                                    2013–51) (eliminating reference to the PNPLO).           6.1A(6) (defining Market Center as ‘‘a national
                                                                                                                                                                   in that it avoids trading through better
                                                       6 See Plan, dated April 14, 2009, available at,       securities exchange that has qualified for            prices on other exchanges and is
                                                    http://www.optionsclearing.com/components/docs/          participation in the Options Clearing Corporation     designed to avoid locking and crossing
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    clearing/services/options_order_protection_              pursuant to the provisions of the rules of the
                                                    plan.pdf. See also Securities Exchange Act Release       Options Clearing Corporation’’).                        16 15 U.S.C. 78f.
                                                    No. 60405 (July 30, 2009), 74 FR 39362 (August 6,          8 See proposed Rule 6.37B(a)(3)(B)(i).
                                                                                                                                                                     17 Inapproving this proposed rule change, the
                                                    2009) (File No. 4–546) (order approving the Plan).         9 See Notice, supra note 3, at 11965.
                                                                                                                                                                   Commission has considered the proposed rule’s
                                                    The Plan establishes various obligations for               10 See proposed Rule 6.37B(a)(3)(C)(i).
                                                                                                                                                                   impact on efficiency, competition, and capital
                                                    participating exchanges, including that Market             11 See proposed Rule 6.37B(a)(3)(C)(ii).            formation. See 15 U.S.C. 78c(f).
                                                    Makers should ‘‘reasonably avoid displaying, and           12 See proposed Rule 6.37B(a)(3)(C).                  18 15 U.S.C. 78f(b)(5).
                                                    shall not engage in a pattern or practice of
                                                                                                               13 See Notice, supra note 3, at 11965.                19 See Notice, supra note 3, at 11966.
                                                    displaying, any quotations that lock or cross’’ the
                                                                                                               14 See proposed Rule 6.37B(a)(3)(D).                  20 See id.
                                                    best bid or offer on another Market Center. See Plan,
                                                    supra, at Section 6(c).                                    15 See Notice, supra note 3, at 11965.                21 See id.




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                                                                                    Federal Register / Vol. 82, No. 63 / Tuesday, April 4, 2017 / Notices                                                 16445

                                                    markets.22 In particular, the Exchange                    The subject matter of the closed                       The text of the proposed rule change
                                                    noted that the proposed rules with                      meeting will be:                                      is available on the Exchange’s Web site
                                                    respect to the treatment of Market Maker                  Institution and settlement of                       at www.ise.com, at the principal office
                                                    quotations would enable Market Makers                   injunctive actions;                                   of the Exchange, and at the
                                                    to simultaneously update both sides of                    Institution and settlement of                       Commission’s Public Reference Room.
                                                    their resting quote when one side of the                administrative proceedings; and
                                                                                                              Other matters relating to enforcement               II. Self-Regulatory Organization’s
                                                    quote received a partial fill but was
                                                                                                            proceedings.                                          Statement of the Purpose of, and
                                                    subsequently cancelled, and to leave
                                                                                                              At times, changes in Commission                     Statutory Basis for, the Proposed Rule
                                                    undisturbed valid opposite-side interest
                                                                                                            priorities require alterations in the                 Change
                                                    where one side of a quote is rejected and
                                                    not booked.23 This proposal does not                    scheduling of meeting items.                             In its filing with the Commission, the
                                                    relieve a Market Maker of its continuous                  For further information and to                      Exchange included statements
                                                    quoting, or firm quote, obligations                     ascertain what, if any, matters have been             concerning the purpose of and basis for
                                                    pursuant to Rules 6.37B and 6.86,                       added, deleted or postponed; please                   the proposed rule change and discussed
                                                    respectively. For these reasons, the                    contact Brent J. Fields from the Office of            any comments it received on the
                                                    Commission finds that the proposed                      the Secretary at (202) 551–5400.                      proposed rule change. The text of these
                                                    rule change is consistent with Section                    Dated: March 30, 2017.                              statements may be examined at the
                                                    6(b)(5) of the Act and the rules and                    Brent J. Fields,                                      places specified in Item IV below. The
                                                    regulations thereunder applicable to a                  Secretary.                                            Exchange has prepared summaries, set
                                                    national securities exchange.                           [FR Doc. 2017–06691 Filed 3–31–17; 11:15 am]          forth in sections A, B, and C below, of
                                                                                                                                                                  the most significant aspects of such
                                                    IV. Conclusion                                          BILLING CODE 8011–01–P
                                                                                                                                                                  statements.
                                                      It is therefore ordered, pursuant to
                                                                                                                                                                  A. Self-Regulatory Organization’s
                                                    Section 19(b)(2) of the Act,24 that the                 SECURITIES AND EXCHANGE                               Statement of the Purpose of, and
                                                    proposed rule change (SR–NYSEArca–                      COMMISSION                                            Statutory Basis for, the Proposed Rule
                                                    2017–17) be, and hereby is, approved.
                                                                                                            [Release No. 34–80325; File No. SR–ISE–               Change
                                                      For the Commission, by the Division of                2017–25]
                                                    Trading and Markets, pursuant to delegated                                                                    1. Purpose
                                                    authority.25                                            Self-Regulatory Organizations;                           The purpose of the proposed rule
                                                    Eduardo A. Aleman,                                      International Securities Exchange,                    change is to rename the Exchange to
                                                    Assistant Secretary.                                    LLC; Notice of Filing and Immediate                   reflect its new placement within the
                                                    [FR Doc. 2017–06564 Filed 4–3–17; 8:45 am]              Effectiveness of Proposed Rule                        Nasdaq, Inc. corporate structure in
                                                    BILLING CODE 8011–01–P                                  Change To Rename the Exchange as                      connection with the March 9, 2016
                                                                                                            Nasdaq ISE, LLC                                       acquisition by Nasdaq of the capital
                                                                                                                                                                  stock of U.S. Exchange Holdings, and
                                                    SECURITIES AND EXCHANGE                                 March 29, 2017.                                       the thereby indirectly acquiring all of
                                                    COMMISSION                                                 Pursuant to Section 19(b)(1) of the                the interests of the International
                                                                                                            Securities Exchange Act of 1934 (the                  Securities Exchange, LLC, ISE Gemini,
                                                    Sunshine Act Meeting                                    ‘‘Act’’),1 and Rule 19b–4 thereunder,2                LLC and ISE Mercury, LLC.4
                                                                                                            notice is hereby given that on March 17,                 Specifically, all references in the
                                                       Notice is hereby given, pursuant to                  2017, the International Securities
                                                    the provisions of the Government in the                                                                       Exchange’s Second Amended and
                                                                                                            Exchange, LLC (‘‘ISE’’ or ‘‘Exchange’’)               Restated Constitution and Third
                                                    Sunshine Act, Public Law 94–409, that                   filed with the Securities and Exchange
                                                    the Securities and Exchange                                                                                   Amended and Restated Limited
                                                                                                            Commission (‘‘SEC’’ or ‘‘Commission’’)                Liability Company Agreement, Rule
                                                    Commission will hold a closed meeting                   the proposed rule change as described
                                                    on Thursday, April 6, 2017 at 2 p.m.                                                                          Book and Fee Schedule to
                                                                                                            in Items I and II below, which Items                  ‘‘International Securities Exchange,
                                                       Commissioners, Counsel to the                        have been prepared by the Exchange.
                                                    Commissioners, the Secretary to the                                                                           LLC,’’ ‘‘ISE, LLC,’’ or ‘‘ISE’’ shall be
                                                                                                            The Commission is publishing this                     amended to ‘‘Nasdaq ISE, LLC’’ or
                                                    Commission, and recording secretaries                   notice to solicit comments on the
                                                    will attend the closed meeting. Certain                                                                       ‘‘Nasdaq ISE.’’ Moreover, consistent
                                                                                                            proposed rule change from interested                  with changes already filed for ISE
                                                    staff members who have an interest in                   persons.
                                                    the matters also may be present.                                                                              Gemini, LLC, the rule change proposes
                                                       The General Counsel of the                           I. Self-Regulatory Organization’s                     to amend references to ‘‘ISE Gemini’’ to
                                                    Commission, or her designee, has                        Statement of the Terms of Substance of                ‘‘Nasdaq GEMX,’’ and references to ‘‘ISE
                                                    certified that, in her opinion, one or                  the Proposed Rule Change                              Mercury’’ and ‘‘Mercury’’ to ‘‘Nasdaq
                                                    more of the exemptions set forth in 5                                                                         MRX.’’ 5 The Exchange also proposes
                                                                                                               The Exchange proposes to amend its
                                                    U.S.C. 552b(c)(3), (5), (7), 9(B) and (10)                                                                    minor grammatical changes which are
                                                                                                            Second Amended and Restated
                                                    and 17 CFR 200.402(a)(3), (a)(5), (a)(7),                                                                     necessary as a result of the name
                                                                                                            Constitution, Third Amended and
                                                    (a)(9)(ii) and (a)(10), permit                                                                                change, i.e., amending ‘‘a’’ to ‘‘an.’’ The
                                                                                                            Restated LLC Agreement, Rule Book and
                                                    consideration of the scheduled matter at                Fee Schedule to rename itself Nasdaq                     4 See Securities Exchange Act Release No. 78119
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    the closed meeting.                                     ISE, LLC. In addition this rule change                (June 27, 2016), 81 FR 41611 (SR–ISE–2016–11; SR–
                                                       Commissioner Stein, as duty officer,                 proposes to amend references to the                   ISE Gemini–2016–05; SR–ISE Mercury–2016–10)
                                                    voted to consider the items listed for the              names of certain affiliated markets                   (Order Granting Accelerated Approval of Proposed
                                                    closed meeting in closed session.                                                                             Rule Changes, Each as Modified by Amendment No.
                                                                                                            within the ISE Rulebook.3                             1 Thereto, Relating to a Corporate Transaction in
                                                                                                                                                                  Which Nasdaq, Inc. Will Become the Indirect Parent
                                                      22 See id.                                              1 15U.S.C. 78s(b)(1).                               of ISE, ISE Gemini, and ISE Mercury).
                                                      23 See id.                                              2 17CFR 240.19b–4.                                     5 See Securities Exchange Act Release No. 80248
                                                      24 15 U.S.C. 78s(b)(2).                                 3 The affiliated markets are ISE Gemini, LLC and    (March 15, 2017) (SR–ISEGemini–2017–13). See
                                                      25 17 CFR 200.30–3(a)(12).                            ISE Mercury, LLC.                                     also SR–ISEMercury–2017–05.



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Document Created: 2017-04-03 23:53:26
Document Modified: 2017-04-03 23:53:26
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 16443 

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