82_FR_17117 82 FR 17051 - Self-Regulatory Organizations; ISE Mercury, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to “Tick-Worse” Functionality

82 FR 17051 - Self-Regulatory Organizations; ISE Mercury, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to “Tick-Worse” Functionality

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 66 (April 7, 2017)

Page Range17051-17053
FR Document2017-06909

Federal Register, Volume 82 Issue 66 (Friday, April 7, 2017)
[Federal Register Volume 82, Number 66 (Friday, April 7, 2017)]
[Notices]
[Pages 17051-17053]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-06909]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80362; File No. SR-ISEMercury-2017-06]


Self-Regulatory Organizations; ISE Mercury, LLC; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change to ``Tick-Worse'' 
Functionality

April 3, 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 28, 2017, ISE Mercury, LLC (``ISE Mercury'' 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 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). The Exchange imported Rule 713 from ISE's rulebook when 
the Commission granted the Exchange's application for registration 
as a national securities exchange, which was after the Tick-Worse 
functionality rule was inadvertently removed from ISE's rules. See 
Securities Exchange Act Release No. 76998 (January 29, 2016), 81 FR 
6066 (February 4, 2016) (Order Granting Registration as a National 
Securities Exchange).
    \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 2017 Q3.\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 decommissioned Tick-
Worse on ISE Gemini, LLC on February 21, 2017. See Market 
Information Circular 2017-10.

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[[Page 17052]]

Split Price Priority
    The Exchange is proposing to delete 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 2017 Q3, along with 
the decommissioning of the Tick-Worse functionality.
    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 Rule 713(f). 
Furthermore, the Exchange has historically only ever awarded priority 
pursuant to 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.
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    \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 this 
functionality will serve to prepare Members as to the upcoming change 
with INET. As such, the Exchange believes that decommissioning Tick-
Worse prior to the migration to INET 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.
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    \11\ It is only being used by one market maker.
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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 will become 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.

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.
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    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

[[Page 17053]]

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-ISEMercury-2017-06 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-ISEMercury-2017-06. 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-ISEMercury-2017-06 and 
should be submitted on or before April 28, 2017.


    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\14\

    \14\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-06909 Filed 4-6-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                    Federal Register / Vol. 82, No. 66 / Friday, April 7, 2017 / Notices                                                      17051

                                               Rollover Option are subject to                             functionality and (ii) amend Rule 713                   such, when a market maker’s quote is
                                               modification, termination or suspension                    (Priority of Quotes and Orders) relating                traded out, it can be automatically
                                               without notice, except in certain limited                  to the priority of split price transactions.            reinstated into the Exchange’s order
                                               cases.                                                        The text of the proposed rule change                 book at the next best price.5 This
                                                 4. Any DSC imposed on a Series’                          is available on the Exchange’s Web site                 optional feature is intended to help
                                               Units will comply with the                                 at www.ise.com, at the principal office                 market makers meet their continuous
                                               requirements of subparagraphs (1), (2)                     of the Exchange, and at the                             quoting obligations under the
                                               and (3) of rule 6c–10(a) under the Act.                    Commission’s Public Reference Room.                     Exchange’s rules 6 when their displayed
                                                 5. Each Series offering Units subject to                                                                         quotations are exhausted. When a
                                               a DSC will include in its prospectus the                   II. Self-Regulatory Organization’s
                                                                                                          Statement of the Purpose of, and                        market maker’s quote is traded out and
                                               disclosure required by Form N–1A                                                                                   automatically reinstated into the
                                               relating to deferred sales charges                         Statutory Basis for, the Proposed Rule
                                                                                                          Change                                                  Exchange’s order book using the Tick-
                                               (modified as appropriate to reflect the                                                                            Worse functionality, the reinstated
                                               differences between UITs and open-end                         In its filing with the Commission, the               quote will be given priority pursuant to
                                               management investment companies)                           Exchange included statements                            the Exchange’s split price priority rule
                                               and a schedule setting forth the number                    concerning the purpose of and basis for                 as discussed below.
                                               and date of each Installment Payment.                      the proposed rule change and discussed                     Due to the lack of demand for the
                                                                                                          any comments it received on the                         Tick-Worse feature, the Exchange
                                               B. Net Worth Requirement                                   proposed rule change. The text of these                 proposes to decommission the use of
                                                 Applicants will comply in all respects                   statements may be examined at the                       this functionality as it migrates symbols
                                               with the requirements of rule 14a–3                        places specified in Item IV below. The                  to INET no later than in 2017 Q3.7 As
                                               under the Act, except that the                             Exchange has prepared summaries, set                    discussed above, the Exchange offers the
                                               Structured Series will not restrict their                  forth in sections A, B, and C below, of                 Tick-Worse feature as a voluntary tool
                                               portfolio investments to ‘‘eligible trust                  the most significant aspects of such                    for market makers to assist them in
                                               securities.’’                                              statements.                                             meeting their continuous quoting
                                                 For the Commission, by the Division of                   A. Self-Regulatory Organization’s                       obligations under the Exchange’s rules.
                                               Investment Management, under delegated                     Statement of the Purpose of, and                        As such, market makers are not required
                                               authority.                                                                                                         to use the Exchange-provided
                                                                                                          Statutory Basis for, the Proposed Rule
                                               Eduardo A. Aleman,                                                                                                 functionality and can program their own
                                                                                                          Change
                                               Assistant Secretary.                                                                                               systems to perform the same functions
                                               [FR Doc. 2017–06908 Filed 4–6–17; 8:45 am]                 1. Purpose                                              if they prefer. The Exchange has found
                                               BILLING CODE 8011–01–P                                        The purpose of the proposed rule                     that almost all market makers use their
                                                                                                          change is to (i) decommission the ‘‘Tick-               own systems rather than the Exchange’s
                                                                                                          Worse’’ functionality and (ii) amend                    Tick-Worse feature to send refreshed
                                               SECURITIES AND EXCHANGE                                    Rule 713 (Priority of Quotes and Orders)                quotations when their displayed
                                               COMMISSION                                                 as it relates to the priority of split price            quotations are exhausted, and therefore
                                               [Release No. 34–80362; File No. SR–                        transactions. The proposed changes are                  members have discontinued use of this
                                               ISEMercury–2017–06]                                        discussed below.                                        functionality. Because the Tick-Worse
                                                                                                                                                                  functionality is currently not
                                                                                                          ‘‘Tick-Worse’’ Functionality                            memorialized in the Exchange’s rules as
                                               Self-Regulatory Organizations; ISE
                                               Mercury, LLC; Notice of Filing and                            The Exchange currently provides                      noted above, there is no text of the
                                               Immediate Effectiveness of Proposed                        market makers 3 with Tick-Worse                         proposed rule change. The Exchange
                                               Rule Change to ‘‘Tick-Worse’’                              functionality, which allows market                      will provide advance notice to its
                                               Functionality                                              makers to pre-define the prices and                     Members through an Options Trader
                                                                                                          sizes at which the system will                          Alert of the intent to decommission the
                                               April 3, 2017.                                             automatically move their quotation                      Tick-Worse functionality.8
                                                  Pursuant to Section 19(b)(1) of the                     following an execution that exhausts the
                                               Securities Exchange Act of 1934                            size of their existing quotation.4 As                   (February 4, 2016) (Order Granting Registration as
                                               (‘‘Act’’),1 and Rule 19b–4 thereunder,2                                                                            a National Securities Exchange).
                                               notice is hereby given that on March 28,                      3 The term ‘‘market makers’’ refers to                  5 Market makers may choose to set Tick-Worse

                                               2017, ISE Mercury, LLC (‘‘ISE Mercury’’                    ‘‘Competitive Market Makers’’ and ‘‘Primary Market      parameters by specifying how many price ticks
                                                                                                          Makers’’ collectively. See Rule 100(a)(25).             back, and for what size, the quote is to be
                                               or ‘‘Exchange’’) filed with the Securities                                                                         reinstated.
                                                                                                             4 Tick-Worse functionality is not currently
                                               and Exchange Commission                                                                                               6 Specifically, Primary Market Makers (‘‘PMMs’’)
                                                                                                          memorialized in the Exchange’s rulebook. In
                                               (‘‘Commission’’) the proposed rule                         addition, the Exchange will not offer Tick-Worse on     are required under Rule 804(e)(1) to enter
                                               change as described in Items I, II, and                    the new Nasdaq INET system going forward. On            quotations in all of the series listed on the Exchange
                                               III, below, which Items have been                          September 30, 2004, International Securities            of the options classes to which they are appointed
                                                                                                          Exchange, LLC (‘‘ISE’’) filed with the Commission       on a daily basis. Supplementary Material .01 to
                                               prepared by the Exchange. The                                                                                      Rule 804 further requires PMMs to quote 90% of
                                                                                                          a proposal to codify this functionality in its
                                               Commission is publishing this notice to                    rulebook, but inadvertently deleted the rule as         the time their assigned options class is open for
                                               solicit comments on the proposed rule                      obsolete rule text in a subsequent proposal filed on    trading on the Exchange. As provided in Rule
                                               change from interested persons.                            December 21, 2012. See Securities Exchange Act          804(e)(2), Competitive Market Makers (‘‘CMMs’’)
                                                                                                          Release No. 51050 (January 18, 2005), 70 FR 3758        are not required to enter quotations in the options
                                               I. Self-Regulatory Organization’s                          (January 26, 2005) (SR–ISE–2004–31); Securities         class to which they are appointed, but in the event
nlaroche on DSK30NT082PROD with NOTICES




                                                                                                          Exchange Act Release No. 68570 (January 3, 2013),       a CMM does initiate quoting, such CMM is
                                               Statement of the Terms of Substance of                                                                             generally required to quote 60% of the time its
                                                                                                          78 FR 1901 (January 9, 2013) (SR–ISE–2012–82).
                                               the Proposed Rule Change                                   The Exchange imported Rule 713 from ISE’s               assigned options class is open for trading on the
                                                                                                          rulebook when the Commission granted the                Exchange.
                                                  The Exchange proposes to (i) request                                                                               7 Currently, this functionality is being used by
                                                                                                          Exchange’s application for registration as a national
                                               the decommission of ‘‘Tick-Worse’’                         securities exchange, which was after the Tick-          one market maker on the Exchange.
                                                                                                          Worse functionality rule was inadvertently removed         8 The Exchange notes that it similarly
                                                 1 15   U.S.C. 78s(b)(1).                                 from ISE’s rules. See Securities Exchange Act           decommissioned Tick-Worse on ISE Gemini, LLC
                                                 2 17   CFR 240.19b–4.                                    Release No. 76998 (January 29, 2016), 81 FR 6066                                                    Continued




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                                               17052                             Federal Register / Vol. 82, No. 66 / Friday, April 7, 2017 / Notices

                                               Split Price Priority                                    in the context of the split price priority            Tick-Worse functionality. As described
                                                  The Exchange is proposing to delete                  rule in Rule 713(f). Furthermore, the                 above, the split price priority rule only
                                               Rule 713(f), which relates to the priority              Exchange has historically only ever                   applies to the Tick-Worse functionality.
                                               of split price transactions, because this               awarded priority pursuant to Rule 713(f)              Because the Rule is more general than
                                               priority rule currently only applies in                 for split price transactions that occur in            its current, specific application,
                                                                                                       the Tick-Worse functionality, and the                 however, the Exchange believes that the
                                               the context of the Tick-Worse
                                                                                                       existing rule should have been clarified              continued presence of Rule 713(f) in its
                                               functionality, as described above, which
                                                                                                       to more accurately reflect its current                rules even after retiring the Tick-Worse
                                               the Exchange proposes to
                                                                                                       application. Nonetheless, the Exchange                functionality will be confusing to its
                                               decommission. The Exchange proposes
                                                                                                       is now proposing to delete the rule text              members and investors. By removing
                                               to delete this rule no later than 2017 Q3,
                                                                                                       in its entirety along with                            obsolete rule text that only applies in
                                               along with the decommissioning of the
                                                                                                       decommissioning the Tick-Worse                        the context of Tick-Worse, the Exchange
                                               Tick-Worse functionality.
                                                                                                       functionality, as proposed above.                     is eliminating any potential for
                                                  Rule 713(f) provides that if a Member
                                                                                                                                                             confusion about how its systems
                                               purchases (sells) one (1) or more options               2. Statutory Basis                                    operate.
                                               contracts of a particular series at a                      The Exchange believes that its
                                               particular price, it shall at the next                                                                        B. Self-Regulatory Organization’s
                                                                                                       proposal is consistent with Section 6(b)
                                               lower (higher) price at which there are                                                                       Statement on Burden on Competition
                                                                                                       of the Act,9 in general, and furthers the
                                               Professional Orders or market maker                     objectives of Section 6(b)(5) of the Act,10             The Exchange does not believe that
                                               quotes, have priority over such                         in particular, in that it is designed to              the proposed rule change will impose
                                               Professional Orders and market maker                    promote just and equitable principles of              any burden on competition not
                                               quotes in purchasing (selling) up to the                trade, to remove impediments to and                   necessary or appropriate in furtherance
                                               equivalent number of options contracts                  perfect the mechanism of a free and                   of the purposes of the Act. The
                                               of the same series that it purchased                    open market and a national market                     proposed rule change is not designed to
                                               (sold) at the higher (lower) price, but                 system, and, in general to protect                    have any competitive impact but rather
                                               only if the purchase (sale) so effected                 investors and the public interest.                    request the decommission of a rarely-
                                               represents the opposite side of a                                                                             used functionality on the Exchange and
                                               transaction with the same offer (bid) as                ‘‘Tick-Worse’’ Functionality                          relatedly, to remove the rule text that
                                               the earlier purchase (sale). Although the                  As noted above, the Exchange                       this functionality supports from the
                                               language of Rule 713(f) is more general,                originally offered Tick-Worse as an                   Exchange’s rulebook, thereby reducing
                                               the Exchange’s intent was to apply split                optional feature to help market makers                investor confusion and making the
                                               price priority solely to the Tick-Worse                 meet their continuous quoting                         Exchange’s rules easier to understand
                                               functionality.                                          obligations under the Exchange’s rules.               and navigate.
                                               Example                                                 The Exchange believes that its proposal               C. Self-Regulatory Organization’s
                                                                                                       is consistent with the Act because it has             Statement on Comments on the
                                               —Primary Market Maker has opted into                    found that the Tick-Worse feature is
                                                tick worse functionality and selected                                                                        Proposed Rule Change Received From
                                                                                                       rarely used today11 as almost all market              Members, Participants, or Others
                                                to tick worse and post 10 contracts at                 makers use their own systems to send
                                                a penny worse than their original                      refreshed quotations when their                         No written comments were either
                                                quote                                                  displayed quotations are exhausted. The               solicited or received.
                                               —Primary Market Maker quote for 10                      Exchange therefore believes that it is                III. Date of Effectiveness of the
                                                contracts bid at $1.00 and 10 contracts                consistent with the Act to propose to                 Proposed Rule Change and Timing for
                                                offered at $1.02                                       discontinue use of this functionality                 Commission Action
                                               —Additionally, there is a Priority                      prior to the migration to INET. Because
                                                Customer order to buy 5 contracts at                                                                            Because the foregoing proposed rule
                                                                                                       one member continues to utilize the                   change does not: (i) Significantly affect
                                                $0.99, and a Competitive Market                        functionality, the Exchange believes that
                                                Maker quote for 10 contracts bid at                                                                          the protection of investors or the public
                                                                                                       providing advance notice of the intent                interest; (ii) impose any significant
                                                $0.99 and 10 contracts offered at                      to decommission this functionality will
                                                $1.02                                                                                                        burden on competition; and (iii) become
                                                                                                       serve to prepare Members as to the                    operative for 30 days from the date on
                                               —A member enters a sell order for 20                    upcoming change with INET. As such,
                                                contracts at $0.99                                                                                           which it was filed, or such shorter time
                                                                                                       the Exchange believes that                            as the Commission may designate, it has
                                               —This order will trade as follows:                      decommissioning Tick-Worse prior to
                                               —10 contracts trade at $1.00 with the                                                                         become effective pursuant to Section
                                                                                                       the migration to INET and providing                   19(b)(3)(A)(iii) of the Act 12 and
                                                Primary Market Maker bid quote, and                    advance notice to its members is
                                                Primary Market Maker is ticked worse                                                                         subparagraph (f)(6) of Rule 19b–4
                                                                                                       consistent with the Act because it                    thereunder.13
                                                to 10 contracts bid at $0.99                           eliminates any investor uncertainty
                                               —5 contracts trade at $0.99 with the                                                                             At any time within 60 days of the
                                                                                                       related to the status of this functionality.          filing of the proposed rule change, the
                                                Priority Customer order due to
                                                                                                       Split Price Priority                                  Commission summarily may
                                                customer priority
                                                                                                                                                             temporarily suspend such rule change if
                                               —5 contracts trade at $0.99 with the                      The Exchange also believes that its                 it appears to the Commission that such
                                                Primary Market Maker’s ticked worse                    proposal to delete the split price priority
                                                quote due to the split price priority                  rule in Rule 713(f) protects investors
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                                                                                                                                                               12 15  U.S.C. 78s(b)(3)(A)(iii).
                                                rule; 0 contracts trade with the                       and the public interest because it                      13 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                                Competitive Market Maker bid quote                     removes rule text that will become                    4(f)(6) requires a self-regulatory organization to give
                                                The Exchange represents that Tick-                     obsolete with the decommission of the                 the Commission written notice of its intent to file
                                                                                                                                                             the proposed rule change at least five business days
                                               Worse has historically only ever applied                                                                      prior to the date of filing of the proposed rule
                                                                                                         9 15  U.S.C. 78f(b).                                change, or such shorter time as designated by the
                                                                                                         10 15  U.S.C. 78f(b)(5).
                                               on February 21, 2017. See Market Information                                                                  Commission. The Exchange has satisfied this
                                               Circular 2017–10.                                         11 It is only being used by one market maker.       requirement.



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                                                                                 Federal Register / Vol. 82, No. 66 / Friday, April 7, 2017 / Notices                                                      17053

                                               action is: (i) Necessary or appropriate in              ISEMercury–2017–06 and should be                       clearing available to the institutional tri-
                                               the public interest; (ii) for the protection            submitted on or before April 28, 2017.                 party repurchase agreement (‘‘repo’’)
                                               of investors; or (iii) otherwise in                                                                            market 6 and (ii) make other
                                                                                                         For the Commission, by the Division of
                                               furtherance of the purposes of the Act.                 Trading and Markets, pursuant to delegated             amendments and clarifications to the
                                               If the Commission takes such action, the                authority.14                                           GSD Rules, as described below.
                                               Commission shall institute proceedings                  Eduardo A. Aleman,                                     II. Clearing Agency’s Statement of the
                                               to determine whether the proposed rule                  Assistant Secretary.                                   Purpose of, and Statutory Basis for, the
                                               should be approved or disapproved.
                                                                                                       [FR Doc. 2017–06909 Filed 4–6–17; 8:45 am]             Advance Notice
                                               IV. Solicitation of Comments                            BILLING CODE 8011–01–P                                    In its filing with the Commission, the
                                                 Interested persons are invited to                                                                            clearing agency included statements
                                               submit written data, views, and                                                                                concerning the purpose of and basis for
                                               arguments concerning the foregoing,                     SECURITIES AND EXCHANGE                                the Advance Notice and discussed any
                                               including whether the proposed rule                     COMMISSION                                             comments it received on the Advance
                                               change is consistent with the Act.                      [Release No. 34–80361; File No. SR–FICC–               Notice. The text of these statements may
                                               Comments may be submitted by any of                     2017–803]                                              be examined at the places specified in
                                               the following methods:                                                                                         Item IV below. The clearing agency has
                                                                                                       Self-Regulatory Organizations; Fixed                   prepared summaries, set forth in
                                               Electronic Comments                                     Income Clearing Corporation; Notice of                 sections A and B below, of the most
                                               —Use the Commission’s Internet                          Filing of Advance Notice To Establish                  significant aspects of such statements.
                                                 comment form (http://www.sec.gov/                     the Centrally Cleared Institutional
                                                 rules/sro.shtml); or                                  Triparty Service and Make Other                        (A) Clearing Agency’s Statement on
                                               —Send an email to rule-                                 Changes                                                Comments on the Advance Notice
                                                 comments@sec.gov. Please include                                                                             Received From Members, Participants,
                                                 File Number SR–ISEMercury–2017–                       April 3, 2017.                                         or Others
                                                 06 on the subject line.                                  Pursuant to Section 806(e)(1) of Title                Written comments relating to this
                                                                                                       VIII of the Dodd-Frank Wall Street                     proposal have not been solicited or
                                               Paper Comments                                          Reform and Consumer Protection Act                     received. FICC will notify the
                                               —Send paper comments in triplicate to                   entitled the Payment, Clearing, and                    Commission of any written comments
                                                  Secretary, Securities and Exchange                   Settlement Supervision Act of 2010                     received by FICC.
                                                  Commission, 100 F Street NE.,                        (‘‘Clearing Supervision Act’’) 1 and Rule
                                                  Washington, DC 20549–1090.                           19b–4(n)(1)(i) under the Securities                    (B) Advance Notice Filed Pursuant to
                                               All submissions should refer to File                    Exchange Act of 1934 (‘‘Act’’),2 notice is             Section 806(e) of the Payment, Clearing
                                               Number SR–ISEMercury–2017–06. This                      hereby given that on March 9, 2017,                    and Settlement Supervision Act
                                               file number should be included on the                   Fixed Income Clearing Corporation                      Nature of the Proposed Change
                                               subject line if email is used. To help the              (‘‘FICC’’) filed with the Securities and
                                                                                                       Exchange Commission (‘‘Commission’’)                      The proposed rule change would,
                                               Commission process and review your                                                                             among other things, make central
                                               comments more efficiently, please use                   the advance notice SR–FICC–2017–803
                                                                                                       (‘‘Advance Notice’’) as described in                   clearing available to the institutional tri-
                                               only one method. The Commission will                                                                           party repo market through the proposed
                                               post all comments on the Commission’s                   Items I, II and III below, which Items
                                                                                                       have been prepared by the clearing                     CCIT Service.
                                               Internet Web site (http://www.sec.gov/                                                                            The proposed CCIT Service would
                                               rules/sro.shtml). Copies of the                         agency.3 The Commission is publishing
                                                                                                       this notice to solicit comments on the                 allow the submission of tri-party repo
                                               submission, all subsequent                                                                                     transactions in GCF Repo® 7 Securities
                                               amendments, all written statements                      Advance Notice from interested
                                                                                                       persons.                                               between Netting Members that
                                               with respect to the proposed rule                                                                              participate in the GCF Repo Service 8
                                               change that are filed with the                          I. Clearing Agency’s Statement of the                  and institutional counterparties (other
                                               Commission, and all written                             Terms of Substance of the Advance                      than investment companies registered
                                               communications relating to the                          Notice                                                 under the Investment Company Act of
                                               proposed rule change between the                           This Advance Notice consists of                     1940, as amended 9 (‘‘RICs’’)), where the
                                               Commission and any person, other than                   amendments to the Government                           institutional counterparties are the cash
                                               those that may be withheld from the                     Securities Division (‘‘GSD’’) Rulebook                 lenders in the transactions submitted to
                                               public in accordance with the                           (‘‘GSD Rules’’) 4 that would (i) establish             GSD. The proposed CCIT Service would
                                               provisions of 5 U.S.C. 552, will be                     the ‘‘Centrally Cleared Institutional                  create a new GSD limited service
                                               available for Web site viewing and                      Triparty Service’’ or the ‘‘CCITTM
                                               printing in the Commission’s Public                     Service’’ 5 and thereby make central                   ‘‘Centrally Cleared Institutional Triparty Service’’ or
                                               Reference Room, 100 F Street NE.,                                                                              ‘‘CCIT Service’’ would be defined as ‘‘the service
                                               Washington, DC 20549, on official                                                                              offered by the Corporation to clear institutional
                                                                                                         14 17 CFR 200.30–3(a)(12).                           triparty repurchase agreement transactions, as more
                                               business days between the hours of                        1 12 U.S.C. 5465(e)(1).                              fully described in Rule 3B.’’ Proposed GSD Rule 1,
                                               10:00 a.m. and 3:00 p.m. Copies of the                    2 17 CFR 240.19b–4(n)(1)(i).                         Definitions.
                                               filing also will be available for                         3 On March 9, 2017, FICC filed this Advance             6 The proposed rule changes with respect to the

                                               inspection and copying at the principal                 Notice as a proposed rule change (SR–FICC–2017–        establishment of the proposed CCIT Service are
                                                                                                       005) with the Commission pursuant to Section           reflected in proposed GSD Rule 3B, and conforming
                                               office of the Exchange. All comments                                                                           changes are proposed to GSD Rules 1, 2, 2A
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                                                                                                       19(b)(1) of the Act, 15 U.S.C. 78s(b)(1), and Rule
                                               received will be posted without change;                 19b–4, 17 CFR 240.19b–4. A copy of the proposed        (Section 2), 4 (Sections 1a and 7), 5, 22C, 24, 30 and
                                               the Commission does not edit personal                   rule change is available at http://www.dtcc.com/       49.
                                               identifying information from                            legal/sec-rule-filings.aspx.                              7 GCF Repo is a registered trademark of FICC.
                                                                                                         4 Capitalized terms not defined herein are defined      8 Pursuant to this filing, ‘‘GCF Repo Service’’
                                               submissions. You should submit only
                                                                                                       in the GSD Rules, available at http://                 would be defined as ‘‘the service offered by the
                                               information that you wish to make                       www.dtcc.com/legal/rules-and-procedures.               Corporation to compare, net and settle GCF Repo
                                               available publicly. All submissions                       5 CCIT is a trademark of The Depository Trust &      Transactions.’’ Proposed GSD Rule 1, Definitions.
                                               should refer to File Number SR–                         Clearing Corporation. Pursuant to this filing,            9 15 U.S.C. 80a–1 et seq.




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Document Created: 2017-04-06 23:49:17
Document Modified: 2017-04-06 23:49:17
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation82 FR 17051 

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