82_FR_18263 82 FR 18191 - Self-Regulatory Organizations; Nasdaq ISE, LLC; Order Approving Proposed Rule Change, as Modified by Amendment No. 1, To Amend Various Rules in Connection With a System Migration to Nasdaq INET Technology

82 FR 18191 - Self-Regulatory Organizations; Nasdaq ISE, LLC; Order Approving Proposed Rule Change, as Modified by Amendment No. 1, To Amend Various Rules in Connection With a System Migration to Nasdaq INET Technology

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 72 (April 17, 2017)

Page Range18191-18196
FR Document2017-07638

Federal Register, Volume 82 Issue 72 (Monday, April 17, 2017)
[Federal Register Volume 82, Number 72 (Monday, April 17, 2017)]
[Notices]
[Pages 18191-18196]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-07638]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80432; File No. SR-ISE-2017-03]


Self-Regulatory Organizations; Nasdaq ISE, LLC; Order Approving 
Proposed Rule Change, as Modified by Amendment No. 1, To Amend Various 
Rules in Connection With a System Migration to Nasdaq INET Technology

April 11, 2017.

I. Introduction

    On February 8, 2017, the International Securities Exchange, LLC 
(now known as Nasdaq ISE, LLC (``ISE'' or ``Exchange'')) \1\ filed with 
the Securities and Exchange Commission (``Commission''), pursuant to 
Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act''),\2\ 
and Rule 19b-4 thereunder,\3\ a proposed rule change to amend various 
Exchange rules in connection with a system migration to Nasdaq, Inc. 
(``Nasdaq'') supported technology. The proposed rule change was 
published for comment in the Federal Register on February 27, 2017.\4\ 
On March 30, 2017, the Exchange filed Amendment No. 1 to the proposed 
rule change.\5\ The Commission received no comment letters on the 
proposed rule change. This order approves the proposed rule change, as 
modified by Amendment No. 1.
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    \1\ ISE was renamed Nasdaq ISE, LLC in a rule change that became 
operative on April 3, 2017. See Securities Exchange Act Release No. 
80325 (March 29, 2017), 82 FR 16445 (April 4, 2017) (SR-ISE-2017-
25).
    \2\ 15 U.S.C. 78s(b)(1).
    \3\ 17 CFR 240.19b-4.
    \4\ See Securities Exchange Act Release No. 80075 (February 21, 
2017), 82 FR 11975 (``Notice'').
    \5\ In Amendment No. 1, the Exchange clarified the proposed 
handling of complex orders during Limit Up-Limit Down states, 
proposed that All-Or-None Orders may only be entered with a time-in-
force designation of Immediate-Or-Cancel, proposed to memorialize 
the handling of Cancel and Replace Orders, and removed a proposed 
rule change regarding delaying the implementation of Directed 
Orders. The Exchange also clarified the reason Price Level 
Protection would be applied to complex orders and made other 
clarifying changes. Because Amendment No. 1 does not materially 
alter the substance of the proposed rule change or raise unique or 
novel regulatory issues, it is not subject to notice and comment. 
The amendment is available at: https://www.sec.gov/comments/sr-ise-2017-03/ise201703-1677882-149321.pdf.
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II. Discussion and Commission Findings

    After careful review, the Commission finds that the proposed rule 
change, as modified by Amendment No. 1, is consistent with the 
requirements of the Act and the rules and regulations thereunder 
applicable to a national securities exchange.\6\ In particular, the 
Commission finds that the proposed rule change is consistent with 
Section 6(b)(5) of the Act,\7\ 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 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. As noted above, the Commission 
received no comment letters regarding the proposed rule change.
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    \6\ 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).
    \7\ 15 U.S.C. 78f(b)(5).
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    The Exchange proposes to amend various Exchange rules to reflect 
the ISE system migration to a Nasdaq INET technology.\8\ In connection 
this system migration, as discussed below, the Exchange intends to 
adopt certain trading functionality currently utilized on Nasdaq 
Exchanges.\9\
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    \8\ INET is utilized across Nasdaq's markets, including The 
NASDAQ Options Market LLC (``NOM''), NASDAQ PHLX LLC (``Phlx''), and 
NASDAQ BX, Inc. (collectively, the ``Nasdaq Exchanges''). See 
Notice, supra note 4, at 11975. The Commission also recently 
approved Nasdaq GEMX, LLC's (formerly ISE Gemini, LLC) migration to 
INET. See Securities Exchange Act Release Nos. 80011 (February 10, 
2017), 82 FR 10927 (February 16, 2017) (SR-ISEGemini-2016-17); 80014 
(February 10, 2017), 82 FR 10952 (February 16, 2017) (SR-ISEGemini-
2016-18).
    \9\ See Notice, supra note 4, at 11975. The Exchange anticipates 
that it will begin implementation of the proposed rule changes in 
the second quarter of 2017. See Notice, supra note 4, at 11975. 
According to the Exchange, the system migration will be on a symbol 
by symbol basis. The Exchange will issue an alert to members in the 
form of an Options Trader Alert to provide notification of the 
symbols that will migrate and the relevant dates. See id. Further, 
the Commission has approved a separately filed companion proposed 
rule change to amend the Exchange's opening process in connection 
with the system migration to INET technology. See Securities 
Exchange Act Release No. 80225 (March 13, 2017), 82 FR 14243 (March 
17, 2017) (SR-ISE-2017-02).

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[[Page 18192]]

A. Trading Halts

1. Cancellation of Quotes
    The Exchange proposes to amend ISE Rule 702 (Trading Halts) to 
conform the treatment of orders and quotes on the Exchange to Phlx Rule 
1047(f). Specifically, the Exchange proposes to amend Rule 702(a)(2) by 
providing that during a halt the Exchange will maintain existing orders 
on the book but not existing quotes. Pursuant to the revision, during 
the halt, the Exchange will accept orders and quotes and, for such 
orders and quotes, process cancels and modifications. Currently, the 
Exchange maintains existing orders and quotes during a trading halt. 
With respect to cancels and modifications during a trading halt, the 
Exchange represents that the current process on ISE will not change 
under the proposed rule change.\10\
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    \10\ See Notice, supra note 4, at 11976.
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    The Exchange represents that its proposal to maintain existing 
orders on the book but not existing quotes during a halt would provide 
market participants with clarity as to the manner in which interests 
will be handled by the System.\11\ The Exchange believes that, during a 
trading halt, the market may move and create risk to market 
participants with respect to resting interests.\12\
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    \11\ See Notice, supra note 4, at 11983.
    \12\ See id.
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    The Commission believes that that cancelling existing quotes during 
a trading halt would provide market participants the opportunity to 
update potentially stale quotes. Further, the Commission notes that the 
Exchange will process cancels and modifications to orders as well as 
quotes received during a halt. Finally, the Commission further notes 
that the proposed treatment of quotes during a halt is consistent with 
existing Phlx rule.\13\
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    \13\ See Phlx Rule 1047(f).
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2. Limit Up-Limit Down
    The Exchange proposes to replace existing ISE Rule 703A (Trading 
During Limit Up-Limit Down States in Underlying Securities) with 
proposed ISE Rule 702(d).\14\ Specifically, proposed ISE Rule 702(d) 
will provide that during a Limit State and Straddle State in the 
underlying NMS stock \15\ the Exchange will not open an affected 
option.\16\ However, provided the Exchange has opened an affected 
option for trading, the Exchange will: (i) Reject Market Orders \17\ 
(including complex Market Orders) and notify members of the reason for 
such rejection; \18\ (ii) cancel complex orders that are Market Orders 
residing in the System, if the complex Market Order becomes marketable 
while the affected underlying is in a Limit or Straddle State; \19\ 
(iii) continue to process Market Orders exposed at the NBBO pursuant to 
Supplementary Material. 02 to ISE Rule 1901 and complex Market Orders 
exposed for price improvement pursuant to ISE Rule 722(b)(3)(iii), 
pending in the System, and cancel such Market Order or complex Market 
Order if at the end of the exposure period the affected underlying is 
in a Limit or Straddle State; \20\ and (iv) elect Stop Orders if the 
condition is met, and, because such orders become Market Orders, cancel 
them back and notify members of the reason for such rejection.\21\ 
Moreover, when the security underlying an option class is in a Limit 
State or Straddle State, the Exchange will suspend the maximum 
quotation spread requirements for market maker quotes in ISE Rule 
803(b)(4) and the continuous quotation requirements in ISE Rule 
804(e).\22\ Additionally, the Exchange will not consider the time 
periods associated with Limit States and Straddle States when 
evaluating whether a market maker has complied with its continuous 
quotation requirements in ISE Rule 804(e).\23\
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    \14\ The Exchange represents that proposed ISE Rule 702(d) is 
similar to Phlx Rule 1047(d). See Notice, supra note 4, at 11976.
    \15\ Proposed ISE Rule 702(d) states that capitalized terms used 
in Rule 702(d) will have the same meaning as provided for in the 
Plan to Address Extraordinary Market Volatility Pursuant to Rule 608 
of Regulation NMS, as it may be amended from time to time (the 
``LULD Plan'').
    \16\ See proposed ISE Rule 702(d)(1). The Exchange states that 
its rules do not currently address the opening rotation in the event 
that the underlying NMS stock is open but has entered into a Limit 
or Straddle State. See Notice, supra note 4, at 11976.
    \17\ For the definition of the term ``Market Orders'', see ISE 
Rule 715(a).
    \18\ See proposed ISE Rule 702(d)(2).
    \19\ See id. See also Amendment No. 1, supra note 5.
    \20\ See proposed ISE Rule 702(d)(2). If the affected underlying 
is no longer in a Limit or Straddle State after the exposure period, 
the Market Order will be processed with normal handling. See id. The 
Exchange currently cancels Market Orders pending in the System upon 
initiation of a Limit or Straddle State. See Notice, supra note 4, 
at 11976.
    \21\ See proposed ISE Rule 702(d)(3). ISE currently does not 
elect Stop Orders that are pending in the System during a Limit or 
Straddle State. Under the proposal, the Exchange will elect Stop 
Orders that are pending in the System during a Limit or Straddle 
State, if conditions for such election are met; however, because 
such orders become Market Orders, they will be cancelled back to the 
member with a reason for such rejection. See Notice, supra note 4, 
at 11977.
    \22\ See proposed ISE Rule 702(d)(4).
    \23\ See id. Proposed ISE Rule 703(d)(4) is substantively 
identical to ISE Rule 703A(c). See Notice, supra note 4, at 11976.
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    The Commission believes that the proposed Rule 702(d) would provide 
certainty to market participants regarding the manner in which Limit 
up-Limit Down states would impact the opening process as well as Market 
Orders (including complex Market Orders) and Stop Orders. The 
Commission believes that the rejection of Market Orders (including 
complex Market Orders and elected Stop Orders) is reasonably designed 
to potentially prevent executions of un-priced orders during times of 
significant volatility.\24\ The Commission also notes that processing 
rather than cancelling existing Market Orders is reasonable because 
these Market Orders are only pending in the System if they are exposed 
at the NBBO pursuant to Supplementary Material .02 to ISE Rule 1901 or 
because they are complex Market Orders exposed for price improvement 
pursuant to ISE Rule 722(b)(3)(iii).\25\ Further, the Exchange believes 
that electing Stop Orders that are pending in the System during a Limit 
or Straddle State, if conditions for such election are met, would 
provide market participants with the intended result.\26\ Lastly, the 
Commission notes that proposed ISE Rule 702(d)(4) is substantively 
identical to existing ISE Rule 703A(c), which is being deleted.
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    \24\ See Notice, supra note 4, at 11982.
    \25\ See Notice, supra note 4, at 11982.
    \26\ See Notice, supra note 4, at 11982.
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3. Auction Handling During a Trading Halt
    The Exchange proposes to amend certain rules to account for the 
impact of a trading halt on the Exchange's auction mechanisms. First, 
the Exchange proposes to amend ISE Rule 723 (Price Improvement 
Mechanism for Crossing Transactions) regarding the manner in which a 
trading halt will impact an order entered into the Price Improvement 
Mechanism (``PIM''). Today, if a trading halt is initiated after an 
order is entered into the PIM, the Exchange terminates such auction and 
eligible interest is executed.\27\ The Exchange proposes to amend the 
current process by terminating the auction and not executing eligible 
interest when a

[[Page 18193]]

trading halt occurs.\28\ Similarly, the Exchange also proposes to amend 
to ISE Rule 716 (Block Trades) to state that, if a trading halt is 
initiated after an order is entered into the Block Order Mechanism, 
Facilitation Mechanism, or Solicited Order Mechanism, the Exchange will 
automatically terminate such auction without execution.\29\
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    \27\ See Notice, supra note 4, at 11977. In the case of a 
complex order entered into the PIM, if a trading halt is initiated, 
the auction would be terminated and eligible interest cancelled 
without execution. See id. The Exchange is not amending this 
behavior. See id.
    \28\ See proposed ISE Rule 723(d)(5). The Exchange is not 
amending the behavior of the PIM with respect to complex orders. See 
Amendment No. 1, supra note 5.
    \29\ See proposed subsections (c)(3), (d)(3)(iv), and (e)(2)(iv) 
of ISE Rule 716. The Exchange represents that this proposed 
amendment represents the current process on ISE and is generally 
consistent with Phlx Rule 1047(c). See Notice, supra note 4, at 
11977.
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    The Exchange believes that its proposal to terminate the PIM 
auction, Block Order Mechanism, Facilitation Mechanism, and Solicited 
Order Mechanism and not execute eligible interest when a trading halt 
occurs will provide certainty to participants regarding how their 
interest will be handled.\30\ The Exchange believes that during a 
trading halt, the market may move and create risk to market 
participants with respect to resting interest.\31\ The Commission 
believes that the proposed rule provides transparency and clarity 
regarding the handling of these orders during a trading halt.
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    \30\ See Notice, supra note 4, at 11983.
    \31\ See id.
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B. Market Order Spread Protection

    The Exchange proposes to amend ISE Rule 711 (Acceptance of Quotes 
and Orders) by adopting a new mandatory risk protection entitled Market 
Order Spread Protection which will apply to Market Orders.\32\ Pursuant 
to proposed ISE Rule 711(c), if the NBBO is wider than a preset 
threshold at the time a Market Order is received by the Exchange, the 
Exchange will reject the order. The Exchange will notify members of the 
threshold with a notice, and, thereafter, will notify members of any 
subsequent changes to the threshold.\33\ The Exchange represents that 
the Market Order Spread Protection will be the same for all options 
traded on the Exchange and is applicable to all members that submit 
Market Orders.\34\
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    \32\ The Exchange states that this mandatory feature is 
currently offered on NOM to protect Market Orders from being 
executed in very wide markets. See Notice, supra note 4, at 11977. 
See also NOM Rules at Chapter VI, Section 6(c).
    \33\ See Notice, supra note 4, at 11977. The Exchange proposes 
to initially set the threshold to $5, similar to the threshold set 
on NOM. See id. The Exchange states that NOM set the differential at 
$5 to match the maximum bid/ask differential permitted for quotes on 
that exchange. See id. ISE also uses a similar $5 differential. See 
id.
    \34\ See Notice, supra note 4, at 11978.
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    The Exchange believes, and the Commission concurs, that the 
proposed Market Order Spread Protection would help mitigate risks 
associated with trading errors and help reduce the number of executions 
at dislocated prices.\35\ The Commission also notes that the protection 
is similar to a mandatory feature currently offered on NOM.\36\
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    \35\ See Notice, supra note 4, at 11983.
    \36\ See NOM Rules at Chapter VI, Section 6(c).
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C. Acceptable Trade Range

    Today, ISE offers a Price Level Protection that places a limit on 
the number of price levels at which an incoming order or quote to sell 
(buy) would be executed automatically when there are no bids (offers) 
from other exchanges at any price for the options series.\37\ The 
Exchange proposes to replace the current Price Level Protection with 
Phlx's Acceptable Trade Range for orders that are not complex 
orders.\38\ The Exchange states that the proposed Acceptable Trade 
Range is a mechanism designed to prevent the System from experiencing 
dramatic price swings by preventing the market from moving beyond set 
thresholds.\39\ The System will calculate an Acceptable Trade Range to 
limit the range of prices at which an order or quote will be allowed to 
execute.\40\ Upon receipt of a new order or quote, the Acceptable Trade 
Range is calculated by taking the reference price, plus or minus a 
value to be determined by the Exchange, where the reference price is 
the National Best Bid (``NBB'') for sell orders/quotes and the National 
Best Offer (``NBO'') for buy orders/quotes. Accordingly, the Acceptable 
Trade Range is: The reference price - (x) for sell orders/quotes; and 
the reference price + (x) for buy orders.\41\ If an order or quote 
reaches the outer limit of the Acceptable Trade Range (the ``Threshold 
Price'') without being fully executed, then any unexecuted balance will 
be cancelled.\42\ The Acceptable Trade Range will not be available for 
All-or-None Orders.\43\
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    \37\ See Notice, supra note 4, at 11980; ISE Rule 714(b)(1).
    \38\ See Phlx Rule 1080(p). Unlike Phlx, ISE does not offer a 
general continuous re-pricing mechanism. See id. Accordingly, the 
Exchange states that the proposed Acceptable Trade Range will not 
include the posting period functionality available today on Phlx. 
See Notice, supra note 4, at 11978, n.16. The Exchange will not post 
interest that exceeds the outer limit of the Acceptable Trade Range; 
rather the interest will be cancelled. See Notice, supra note 4, at 
11978. Orders that do not exceed the outer limit of the Acceptable 
Trade Range will post to the order book and will reside on the order 
book at such price until they are either executed in full or 
cancelled by the member. See Notice, supra note 4, at 11979.
    \39\ See Notice, supra note 4, at 11983.
    \40\ See proposed ISE Rule 714(b)(1)(i).
    \41\ The Exchange states that the Acceptable Trade Range 
settings are tied to the option premium. See Notice, supra note 4, 
at 11979, n.17. A table consisting of several steps based on the 
premium of an option will be displayed on the NASDAQTrader.com Web 
site and used to determine how far the market for a given option 
will be allowed to move. See Notice, supra note 4, at 11979. Updates 
to the table would be announced via an Exchange alert, generally the 
prior day. See id.
    \42\ See proposed ISE Rule 714(b)(1)(ii).
    \43\ See proposed ISE Rule 714(b)(1)(ii). Today, ISE's Price 
Level Protection rule is also not available for All-or-None Orders. 
See Notice, supra note 4, at 11978, n.18.
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    The Exchange represents that it will set the Acceptable Trade Range 
at levels to ensure that it is triggered infrequently.\44\ While the 
Acceptable Trade Range settings will be tied to the option premium, 
other factors will be considered when determining the exact 
settings.\45\ For example, the Exchange states that acceptable ranges 
may change if market-wide volatility is high or if overall market 
liquidity is low based on historical trends.\46\ To ensure a well-
functioning market, the Exchange believes that different market 
conditions may require adjustments to the threshold amounts from time 
to time.\47\ Further, while the Acceptable Trade Range settings will 
generally be the same across all options traded on the Exchange, ISE 
proposes to set them separately based on characteristics of the 
underlying security.\48\ For example, the Exchange has generally 
observed that options subject to the Penny Pilot program quote with 
tighter spreads than options not subject to the Penny Pilot. 
Accordingly, the Exchange will set Acceptable Trade Ranges for three 
categories of options: (1) Penny Pilot Options trading in one cent 
increments for options trading at less than $3.00 and increments of 
five cents for options trading at $3.00 or more; (2) Penny Pilot 
Options trading in one-cent increments for all prices; and (3) Non-
Penny Pilot Options.\49\
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    \44\ See Notice, supra note 4, at 11978.
    \45\ See id.
    \46\ See id.
    \47\ See id.
    \48\ See Notice, supra note 4, at id.
    \49\ See proposed ISE Rule 714(b)(1)(iii).
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    The Exchange represents that the Acceptable Trade Range should 
prevent the System from experiencing dramatic price swings by 
preventing the market from moving beyond set thresholds.\50\ The 
Commission believes that the Acceptable Trade Range is reasonably 
designed to prevent executions of orders and quotes at prices that are 
significantly worse than the NBBO at time of an order's submission and 
may

[[Page 18194]]

reduce the potential negative impacts of unanticipated volatility in 
individual options.
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    \50\ See Notice, supra note 4, at 11983.
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    For complex orders, the Exchange proposes to continue to apply the 
existing Price Level Protection rule and relocate the rule from current 
ISE Rule 714(b)(1) to proposed ISE Rule 714(b)(4).\51\ The Exchange 
represents that the existing Price Level Protection Rule is a better 
protection for complex orders than the proposed Acceptable Trade Range 
protection because, unlike single leg orders, complex orders are not 
subject to trade-through protections and the Acceptable Trade Range 
protection utilizes the NBBO.\52\ The Commission also notes that the 
functionality of Price Level Protection will remain the same with 
respect to complex orders. Further, the Commission notes that the 
proposed Acceptable Trade Range is similar to an existing mechanism on 
Phlx.\53\
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    \51\ See proposed ISE Rule 714(b)(4). To adapt the rule so that 
it only applies to complex orders, the Exchange proposes to amend 
the Price Level Protection rule to: (i) Remove references that 
specifically relate to single leg order functionality; (ii) remove 
references to PMM handling that does not apply to complex orders; 
and (iii) add references to component legs to make clear that the 
rule applies to the component legs of complex orders. See Notice, 
supra note 4, at 11980. The Exchange represents that the number of 
price levels at which an incoming order or quote could execute when 
there are no corresponding bids or offers from other exchanges at 
any price is currently set to five per leg. See Amendment No. 1, 
supra note 5.
    \52\ See Notice, supra note 4, at id.
    \53\ See Notice, supra note 4, at 11983; Phlx Rule 1080(p).
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D. PMM Order Handling and Opening Obligations

    The Exchange proposes to eliminate the Primary Market Maker 
(``PMM'') order handling and opening obligations in ISE Rule 
803(c).\54\ As described above, with the migration of ISE to the Nasdaq 
INET architecture, the Exchange is adopting the Acceptable Trade Range 
and opening rotation functionality currently offered on NOM and Phlx, 
which do not contain similar requirements for the PMMs as in ISE Rule 
803(c).
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    \54\ ISE Rule 803(c) provides that, in addition to the 
obligations contained in Rule 803 for market makers generally, for 
options classes to which a market maker is the appointed PMM, PMM 
shall have the responsibility to: (1) As soon as practical, address 
Priority Customer Orders that are not automatically executed 
pursuant to Rule 714(b)(1) in a manner consistent with its 
obligations under Rule 803(b) by either (i) executing all or a 
portion of the order at a price that at least matches the NBBO and 
that improves upon the Exchange's best bid (in the case of a sell 
order) or the Exchange's best offer (in the case of a buy order); or 
(ii) releasing all or a portion of the order for execution against 
bids and offers on the Exchange; and (2) initiate trading in each 
series pursuant to Rule 701 (Trading Rotations).
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    The Exchange represents that PMMs' current obligations are no 
longer necessary due to the introduction of the Acceptable Trade Range 
and proposed changes to the Exchange's opening process.\55\ The 
Exchange states that its proposal to conform the Exchange's opening 
process to Phlx Rule 1017 will result in an opening initiated by the 
receipt of an appropriate number of valid width quotes by the PMM or 
Competitive Market Maker, instead of an opening process initiated by a 
PMM.\56\ Similarly, the Exchange believes the proposed Acceptable Trade 
Range functionality will continue to provide order protection to 
members without imposing any PMM obligations.\57\ The Exchange further 
represents that NOM and Phlx do not impose similar PMM order handling 
and opening obligations.\58\ Accordingly, the Commission believes that 
these changes are consistent with the Act.
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    \55\ See Notice, supra note 4, at 11983. See also supra note 9.
    \56\ See Notice, supra note 4, at 11983. See also supra note 9.
    \57\ See Notice, supra note 4, at 11980. The Exchange states 
that Phlx does not currently have similar roles for a Specialist on 
its market. See id.
    \58\ See Notice, supra note 4, at 11980.
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E. Back-Up PMM

    The Exchange proposes to amend Supplementary Material .03 to ISE 
Rule 803 to eliminate Back-Up PMMs. Today, any ISE member that is 
approved to act in the capacity of a PMM or an ``Alternative Primary 
Market Maker'' may voluntarily act as a Back-Up PMM in an options 
series in which it is quoting as a Competitive Market Maker 
(``CMM'').\59\ With the technology migration, the Exchange believes 
that a Back-Up PMM is no longer necessary because under INET the 
Exchange will not utilize the order handling obligations present on the 
Exchange today.\60\ The Exchange further represents that the proposed 
new opening process obviates the importance of such a role because it 
would no longer rely on a market maker to initiate the opening 
process.\61\ Accordingly, the Commission believes that these changes 
are consistent with the Act.
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    \59\ See ISE Rule 803, Supplementary Material .03.
    \60\ See Notice, supra note 4, at 11983.
    \61\ See Notice, supra note 4, at 11983. See also supra note 9.
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F. Market Maker Speed Bump

    The Exchange proposes to amend ISE Rule 804 (Market Maker 
Quotations) to establish default parameters for certain risk 
functionality. The Exchange currently offers a risk protection 
mechanism for market maker quotes that removes a member's quotes in an 
options class if a specified number of curtailment events occur during 
a set time period (``Market Maker Speed Bump'').\62\ In addition, the 
Exchange offers a market-wide risk protection that removes a market 
maker's quotes across all classes if a number of curtailment events 
occur (``Market-Wide Speed Bump'').\63\ ISE Rule 804(g) currently 
requires that market makers set curtailment parameters for both the 
Market Maker Speed Bump and the Market-Wide Speed Bump. Today, if a 
market maker does not set these parameters, for each Market Maker Speed 
Bump and the Market-Wide Speed Bump, the System rejects their 
quotes.\64\ With the technology migration, the Exchange proposes to 
provide default curtailment parameters, which will be determined by the 
Exchange and announced to members.\65\ The Commission believes that 
this change is consistent with the Act and notes that, although the 
Exchange will establish default curtailment settings, market makers 
will have discretion to set different curtailment settings appropriate 
for their trading and risk tolerance.
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    \62\ See ISE Rule 804(g)(1) and Supplementary Material .04 to 
ISE Rule 722.
    \63\ See ISE Rule 804(g)(2). Market makers may request the 
Exchange to set the market wide parameter to apply to just ISE or 
across ISE and ISE Gemini. See id.
    \64\ See Notice, supra note 4, at 11980-81.
    \65\ See Notice, supra note 4, at 11981.
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G. Anti-Internalization

    The Exchange proposes to amend the Supplementary Material at .03 to 
ISE Rule 804 (Market Maker Quotations) to adopt an anti-internalization 
rule. Today, ISE's functionality prevents Immediate-or-Cancel (``IOC'') 
orders entered by a market maker from trading with the market maker's 
own quote.\66\ The Exchange proposes to replace this self-trade 
protection with anti-internalization functionality currently offered on 
Phlx.\67\ The Exchange proposes to provide that quotes and orders 
entered by market makers using the same member identifier will not be 
executed against quotes and orders entered on the opposite side of the 
market by the same market maker using the same member identifier. In 
such a case, the System will cancel the resting quote or order back to 
the entering party prior to execution. The proposed anti-
internalization functionality will not apply in any auction or with 
respect to complex order transactions. The Exchange states that this 
proposed functionality does not modify the duty

[[Page 18195]]

of best execution owed to public customer orders.\68\
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    \66\ See id.
    \67\ See Phlx Rule 1080(p)(2).
    \68\ See Notice, supra note 4, at 11981.
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    The Exchange represents that the proposal is designed to assist 
market makers in reducing trading costs from unwanted executions 
potentially resulting from the interaction of executable interest from 
the same firm performing the same market making function.\69\ The 
Commission believes that the proposed rule is reasonably designed to 
prevent the unwanted execution of quotes and orders entered by market 
makers using the same member identifier.
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    \69\ See Notice, supra note 4, at 11981, n.34.
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H. Minimum Execution Quantity Orders

    The Exchange proposes to amend ISE Rule 715 (Types of Orders) to 
remove minimum quantity orders in subpart (q).\70\ The Exchange states 
that the utilization of minimum quantity orders by its members has been 
very limited, and therefore proposes to remove this order type.\71\ 
Furthermore, the Exchange proposes to remove two references to minimum 
quantity orders in Supplementary Material .02 to ISE Rule 713 and in 
Supplementary Material .04 to ISE Rule 717.
---------------------------------------------------------------------------

    \70\ A Minimum Quantity Order is an order type that is available 
for partial execution only for a specified number of contracts or 
greater. A member may specify whether any subsequent executions of 
the order must also be for the specified number of contracts or 
greater, or if the balance may be executed as a regular order. If 
all executions are to be for a specified number of contracts or 
greater and the balance of the order after one or more partial 
execution(s) is less than the minimum, such balance is treated as 
all-or-none. See ISE Rule 715(q).
    \71\ See Notice, supra note 4, at 11981.
---------------------------------------------------------------------------

    The Exchange states that the removing the minimum quantity order 
type would simplify functionality available on the Exchange and reduce 
the complexity of its order types.\72\ The Exchange further represents 
that the utilization of minimum quantity orders by its members has been 
very limited and is currently being utilized to transact less than 1% 
of the Exchange's volume.\73\ Accordingly, the Commission believes it 
is appropriate for the Exchange to remove references to the minimum 
quantity order type.
---------------------------------------------------------------------------

    \72\ See Notice, supra note 4, at 11984.
    \73\ See Notice, supra note 4, at 11981, n.35.
---------------------------------------------------------------------------

I. Cancel and Replace Orders

    The Exchange proposes to amend Supplementary Material .02 to ISE 
Rule 715 (Types of Orders) to memorialize how the Exchange System will 
handle cancel and replace orders in connection with the Exchange's 
technology migration to INET.\74\ Currently, Exchange members can send 
a Cancel and Replace Order in one message, which allows the replacement 
order to retain the time priority of the cancelled order, subject to 
certain exceptions.\75\ However, currently the Exchange does not apply 
price or other reasonability checks to the replacement order for all 
Cancel and Replace Orders.\76\ For example, the Exchange notes that 
currently, a Cancel and Replace Order which reduced the size of an 
original order from 600 to 300 contracts would not be subject to price 
or other reasonability checks.\77\
---------------------------------------------------------------------------

    \74\ See Amendment No. 1, supra note 5.
    \75\ See id. The Exchange notes that, instead of sending a 
Cancel and Replace Order, a Member can separately send a 
cancellation message and a new order, for which the Exchange would 
apply price or other reasonability checks, but the new order would 
not retain the priority of the original order. See id. This behavior 
will not change. See id.
    \76\ See Amendment No. 1, supra note 5.
    \77\ See id.
---------------------------------------------------------------------------

    The Exchange now proposes to define the Cancel and Replace Order to 
ensure that price and other reasonability checks are applied to Cancel 
and Replace Orders.\78\ The Exchange proposes to define a Cancel and 
Replace Order as a single message for the immediate cancellation of a 
previously received order and the replacement of that order with a new 
order. If the previously placed order is already partially filled or in 
its entirety, the replacement order is automatically canceled or 
reduced by the number of contracts that were executed. Additionally, 
the replacement order will retain the priority of the cancelled order, 
if the order posts to the order book, provided the price is not 
amended, size is not increased, or in the case of Reserve Orders, size 
is not changed. However, if the replacement portion of a Cancel and 
Replace Order does not satisfy the System's price or other 
reasonability checks the existing order will be cancelled and not 
replaced.\79\
---------------------------------------------------------------------------

    \78\ See proposed ISE Rule 715, Supplementary Material .02.
    \79\ Price and reasonability checks that would be applied 
include ISE Rule 710 (Minimum Trading Increments), ISE Rule 711(c) 
(proposed Market Order Spread Protection), ISE Rule 714(b)(2) (Limit 
Order Price Protection), and ISE Rule 722(b)(1) (Minimum Increments 
for Complex Orders), and Supplementary Material .07 (b), (c) and (d) 
to Rule 722 (Price Limits for Complex Orders and Quotes). See 
Amendment No. 1, supra note 5, n.39. The Exchange also notes that, 
as for other orders, the Exchange may cancel an order because it 
does not satisfy a format or other requirement specified in the 
Exchange's rules and specifications. See id.
---------------------------------------------------------------------------

    The Exchange represents that conducting price or other 
reasonability checks for all Cancel and Replace Orders will validate 
orders against current market conditions prior to proceeding with the 
request to modify the order.\80\ The Exchange further believes that 
memorializing Cancel and Replace Order handling will add transparency 
to the Exchange's rules and reduce the potential for investor 
confusion.\81\
---------------------------------------------------------------------------

    \80\ See id.
    \81\ See id.
---------------------------------------------------------------------------

    The Commission notes that other exchanges with a similar order type 
permit an order to retain priority if only the size of the order is 
decremented.\82\ Accordingly, the Commission believes it is appropriate 
for the Exchange to define Cancel and Replace Order in the manner 
proposed.
---------------------------------------------------------------------------

    \82\ See id; see Phlx Rule 1080(b)(i)(A).
---------------------------------------------------------------------------

J. All-Or-None Orders

    The Exchange proposes to amend ISE Rule 715(c) to provide that All-
Or-None Orders \83\ may only be entered into the Exchange's System with 
a time-in-force designation of Immediate-Or-Cancel.\84\ Currently, the 
Exchange allows users to submit All-Or-None Orders with any time-in-
force designation. As proposed, an All-Or-None Order would be required 
to be submitted as an Immediate-Or-Cancel Order and thus will either 
execute in its entirety or be cancelled. Because All-Or-None Orders 
will either be executed or cancelled, the Exchange also proposes to 
remove language stating that All-Or-None Orders can be maintained in 
the System in Supplementary Material .02 to ISE Rule 713 and to delete 
Supplementary Material .04 to Rule 717, which concerns the exposure of 
non-marketable All-Or-None Orders.\85\
---------------------------------------------------------------------------

    \83\ An All-Or-None Order is a limit or market order that is to 
be executed in its entirety or not at all. See ISE Rule 715(c).
    \84\ An Immediate-Or-Cancel Order is a limit order that is to be 
executed in whole or in part upon receipt, and any portion not so 
executed is to be treated as cancelled. See ISE Rule 715(b)(3).
    \85\ See Amendment No. 1, supra note 5.
---------------------------------------------------------------------------

    The Exchange states that this change would remove uncertainty with 
respect to the manner in which All-Or-None Orders would be handled in 
the order book, because the All-Or-None Order would be canceled if it 
cannot be immediately executed in its entirety.\86\ Accordingly, the 
Commission believes it is appropriate for the Exchange to require that 
All-Or-None Orders be entered with a time-in-force designation of 
Immediate-Or-Cancel.
---------------------------------------------------------------------------

    \86\ See id.
---------------------------------------------------------------------------

    For these reasons, the Commission believes that the proposed rule 
change, as modified by Amendment No. 1, is consistent with the Act.

[[Page 18196]]

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the 
Act,\87\ that the proposed rule change (SR-ISE-2017-03), as modified by 
Amendment No. 1, be, and hereby is, approved.
---------------------------------------------------------------------------

    \87\ 15 U.S.C. 78s(b)(2).
    \88\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\88\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-07638 Filed 4-14-17; 8:45 am]
BILLING CODE 8011-01-P



                                                                                    Federal Register / Vol. 82, No. 72 / Monday, April 17, 2017 / Notices                                                     18191

                                                  public interest, for the protection of                     available publicly. All submissions                    comment letters on the proposed rule
                                                  investors, or otherwise in furtherance of                  should refer to File Number SR–                        change. This order approves the
                                                  the purposes of the Act. If the                            NYSEMKT–2017–19, and should be                         proposed rule change, as modified by
                                                  Commission takes such action, the                          submitted on or before May 8, 2017.                    Amendment No. 1.
                                                  Commission shall institute proceedings                       For the Commission, by the Division of
                                                  under Section 19(b)(2)(B) 8 of the Act to                                                                         II. Discussion and Commission
                                                                                                             Trading and Markets, pursuant to delegated             Findings
                                                  determine whether the proposed rule                        authority.9
                                                  change should be approved or                               Eduardo A. Aleman,                                        After careful review, the Commission
                                                  disapproved.                                               Assistant Secretary.                                   finds that the proposed rule change, as
                                                  IV. Solicitation of Comments                               [FR Doc. 2017–07639 Filed 4–14–17; 8:45 am]            modified by Amendment No. 1, is
                                                                                                             BILLING CODE 8011–01–P
                                                                                                                                                                    consistent with the requirements of the
                                                    Interested persons are invited to                                                                               Act and the rules and regulations
                                                  submit written data, views, and                                                                                   thereunder applicable to a national
                                                  arguments concerning the foregoing,                                                                               securities exchange.6 In particular, the
                                                                                                             SECURITIES AND EXCHANGE
                                                  including whether the proposed rule                                                                               Commission finds that the proposed
                                                                                                             COMMISSION
                                                  change is consistent with the Act.                                                                                rule change is consistent with Section
                                                  Comments may be submitted by any of                        [Release No. 34–80432; File No. SR–ISE–
                                                                                                                                                                    6(b)(5) of the Act,7 which requires,
                                                  the following methods:                                     2017–03]
                                                                                                                                                                    among other things, that the rules of a
                                                  Electronic Comments                                        Self-Regulatory Organizations; Nasdaq                  national securities exchange be
                                                    • Use the Commission’s Internet                          ISE, LLC; Order Approving Proposed                     designed to prevent fraudulent and
                                                  comment form (http://www.sec.gov/                          Rule Change, as Modified by                            manipulative acts and practices, to
                                                  rules/sro.shtml); or                                       Amendment No. 1, To Amend Various                      promote just and equitable principles of
                                                    • Send an email to rule-comments@                        Rules in Connection With a System                      trade, to foster cooperation and
                                                  sec.gov. Please include File Number SR–                    Migration to Nasdaq INET Technology                    coordination with persons engaged in
                                                  NYSEMKT–2017–19 on the subject line.                                                                              facilitating transactions in securities, to
                                                                                                             April 11, 2017.                                        remove impediments to and perfect the
                                                  Paper Comments                                             I. Introduction                                        mechanism of a free and open market
                                                     • Send paper comments in triplicate                        On February 8, 2017, the International
                                                                                                                                                                    and a national market system, and, in
                                                  to Brent J. Fields, Secretary, Securities                                                                         general, to protect investors and the
                                                                                                             Securities Exchange, LLC (now known
                                                  and Exchange Commission, 100 F Street                                                                             public interest. As noted above, the
                                                                                                             as Nasdaq ISE, LLC (‘‘ISE’’ or
                                                  NE., Washington, DC 20549–1090.                                                                                   Commission received no comment
                                                                                                             ‘‘Exchange’’)) 1 filed with the Securities
                                                  All submissions should refer to File                                                                              letters regarding the proposed rule
                                                                                                             and Exchange Commission
                                                  Number SR–NYSEMKT–2017–19. This                                                                                   change.
                                                                                                             (‘‘Commission’’), pursuant to Section
                                                  file number should be included on the                      19(b)(1) of the Securities Exchange Act                   The Exchange proposes to amend
                                                  subject line if email is used. To help the                 of 1934 (‘‘Act’’),2 and Rule 19b–4                     various Exchange rules to reflect the ISE
                                                  Commission process and review your                         thereunder,3 a proposed rule change to                 system migration to a Nasdaq INET
                                                  comments more efficiently, please use                      amend various Exchange rules in                        technology.8 In connection this system
                                                  only one method. The Commission will                       connection with a system migration to                  migration, as discussed below, the
                                                  post all comments on the Commission’s                      Nasdaq, Inc. (‘‘Nasdaq’’) supported                    Exchange intends to adopt certain
                                                  Internet Web site (http://www.sec.gov/                     technology. The proposed rule change                   trading functionality currently utilized
                                                  rules/sro.shtml). Copies of the                            was published for comment in the                       on Nasdaq Exchanges.9
                                                  submission, all subsequent                                 Federal Register on February 27, 2017.4
                                                                                                                                                                       6 In approving this proposed rule change, the
                                                  amendments, all written statements                         On March 30, 2017, the Exchange filed
                                                                                                                                                                    Commission has considered the proposed rule’s
                                                  with respect to the proposed rule                          Amendment No. 1 to the proposed rule                   impact on efficiency, competition, and capital
                                                  change that are filed with the                             change.5 The Commission received no                    formation. See 15 U.S.C. 78c(f).
                                                  Commission, and all written                                                                                          7 15 U.S.C. 78f(b)(5).

                                                  communications relating to the                               9 17 CFR 200.30–3(a)(12).                               8 INET is utilized across Nasdaq’s markets,

                                                  proposed rule change between the                             1 ISE was renamed Nasdaq ISE, LLC in a rule          including The NASDAQ Options Market LLC
                                                                                                             change that became operative on April 3, 2017. See     (‘‘NOM’’), NASDAQ PHLX LLC (‘‘Phlx’’), and
                                                  Commission and any person, other than                                                                             NASDAQ BX, Inc. (collectively, the ‘‘Nasdaq
                                                                                                             Securities Exchange Act Release No. 80325 (March
                                                  those that may be withheld from the                        29, 2017), 82 FR 16445 (April 4, 2017) (SR–ISE–        Exchanges’’). See Notice, supra note 4, at 11975.
                                                  public in accordance with the                              2017–25).                                              The Commission also recently approved Nasdaq
                                                  provisions of 5 U.S.C. 552, will be                          2 15 U.S.C. 78s(b)(1).                               GEMX, LLC’s (formerly ISE Gemini, LLC) migration
                                                                                                                                                                    to INET. See Securities Exchange Act Release Nos.
                                                  available for Web site viewing and                           3 17 CFR 240.19b–4.
                                                                                                                                                                    80011 (February 10, 2017), 82 FR 10927 (February
                                                                                                               4 See Securities Exchange Act Release No. 80075
                                                  printing in the Commission’s Public                                                                               16, 2017) (SR–ISEGemini–2016–17); 80014
                                                                                                             (February 21, 2017), 82 FR 11975 (‘‘Notice’’).
                                                  Reference Room, 100 F Street NE.,                            5 In Amendment No. 1, the Exchange clarified the     (February 10, 2017), 82 FR 10952 (February 16,
                                                  Washington, DC 20549 on official                           proposed handling of complex orders during Limit       2017) (SR–ISEGemini–2016–18).
                                                                                                                                                                       9 See Notice, supra note 4, at 11975. The
                                                  business days between the hours of                         Up-Limit Down states, proposed that All-Or-None
                                                                                                             Orders may only be entered with a time-in-force        Exchange anticipates that it will begin
                                                  10:00 a.m. and 3:00 p.m. Copies of such                                                                           implementation of the proposed rule changes in the
                                                                                                             designation of Immediate-Or-Cancel, proposed to
                                                  filing also will be available for                          memorialize the handling of Cancel and Replace         second quarter of 2017. See Notice, supra note 4,
                                                  inspection and copying at the principal                    Orders, and removed a proposed rule change             at 11975. According to the Exchange, the system
                                                  office of the Exchange. All comments                       regarding delaying the implementation of Directed      migration will be on a symbol by symbol basis. The
mstockstill on DSK30JT082PROD with NOTICES




                                                                                                             Orders. The Exchange also clarified the reason Price   Exchange will issue an alert to members in the form
                                                  received will be posted without change;                    Level Protection would be applied to complex           of an Options Trader Alert to provide notification
                                                  the Commission does not edit personal                      orders and made other clarifying changes. Because      of the symbols that will migrate and the relevant
                                                  identifying information from                               Amendment No. 1 does not materially alter the          dates. See id. Further, the Commission has
                                                  submissions. You should submit only                        substance of the proposed rule change or raise         approved a separately filed companion proposed
                                                                                                             unique or novel regulatory issues, it is not subject   rule change to amend the Exchange’s opening
                                                  information that you wish to make                          to notice and comment. The amendment is                process in connection with the system migration to
                                                                                                             available at: https://www.sec.gov/comments/sr-ise-     INET technology. See Securities Exchange Act
                                                    8 15   U.S.C. 78s(b)(2)(B).                              2017-03/ise201703-1677882-149321.pdf.                                                            Continued




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                                                  18192                           Federal Register / Vol. 82, No. 72 / Monday, April 17, 2017 / Notices

                                                  A. Trading Halts                                        Exchange will not open an affected                        with its continuous quotation
                                                                                                          option.16 However, provided the                           requirements in ISE Rule 804(e).23
                                                  1. Cancellation of Quotes
                                                                                                          Exchange has opened an affected option                       The Commission believes that the
                                                     The Exchange proposes to amend ISE                   for trading, the Exchange will: (i) Reject                proposed Rule 702(d) would provide
                                                  Rule 702 (Trading Halts) to conform the                 Market Orders 17 (including complex                       certainty to market participants
                                                  treatment of orders and quotes on the                   Market Orders) and notify members of                      regarding the manner in which Limit
                                                  Exchange to Phlx Rule 1047(f).                          the reason for such rejection; 18 (ii)                    up-Limit Down states would impact the
                                                  Specifically, the Exchange proposes to                  cancel complex orders that are Market                     opening process as well as Market
                                                  amend Rule 702(a)(2) by providing that                  Orders residing in the System, if the                     Orders (including complex Market
                                                  during a halt the Exchange will                         complex Market Order becomes                              Orders) and Stop Orders. The
                                                  maintain existing orders on the book but                marketable while the affected                             Commission believes that the rejection
                                                  not existing quotes. Pursuant to the                                                                              of Market Orders (including complex
                                                                                                          underlying is in a Limit or Straddle
                                                  revision, during the halt, the Exchange                                                                           Market Orders and elected Stop Orders)
                                                                                                          State; 19 (iii) continue to process Market
                                                  will accept orders and quotes and, for
                                                                                                          Orders exposed at the NBBO pursuant                       is reasonably designed to potentially
                                                  such orders and quotes, process cancels
                                                                                                          to Supplementary Material. 02 to ISE                      prevent executions of un-priced orders
                                                  and modifications. Currently, the
                                                                                                          Rule 1901 and complex Market Orders                       during times of significant volatility.24
                                                  Exchange maintains existing orders and
                                                                                                          exposed for price improvement                             The Commission also notes that
                                                  quotes during a trading halt. With
                                                                                                          pursuant to ISE Rule 722(b)(3)(iii),                      processing rather than cancelling
                                                  respect to cancels and modifications
                                                                                                          pending in the System, and cancel such                    existing Market Orders is reasonable
                                                  during a trading halt, the Exchange
                                                                                                          Market Order or complex Market Order                      because these Market Orders are only
                                                  represents that the current process on
                                                                                                          if at the end of the exposure period the                  pending in the System if they are
                                                  ISE will not change under the proposed
                                                                                                          affected underlying is in a Limit or                      exposed at the NBBO pursuant to
                                                  rule change.10
                                                                                                          Straddle State; 20 and (iv) elect Stop                    Supplementary Material .02 to ISE Rule
                                                     The Exchange represents that its
                                                                                                          Orders if the condition is met, and,                      1901 or because they are complex
                                                  proposal to maintain existing orders on
                                                                                                          because such orders become Market                         Market Orders exposed for price
                                                  the book but not existing quotes during
                                                                                                          Orders, cancel them back and notify                       improvement pursuant to ISE Rule
                                                  a halt would provide market
                                                                                                                                                                    722(b)(3)(iii).25 Further, the Exchange
                                                  participants with clarity as to the                     members of the reason for such
                                                                                                                                                                    believes that electing Stop Orders that
                                                  manner in which interests will be                       rejection.21 Moreover, when the security
                                                                                                                                                                    are pending in the System during a
                                                  handled by the System.11 The Exchange                   underlying an option class is in a Limit
                                                                                                                                                                    Limit or Straddle State, if conditions for
                                                  believes that, during a trading halt, the               State or Straddle State, the Exchange                     such election are met, would provide
                                                  market may move and create risk to                      will suspend the maximum quotation                        market participants with the intended
                                                  market participants with respect to                     spread requirements for market maker                      result.26 Lastly, the Commission notes
                                                  resting interests.12                                    quotes in ISE Rule 803(b)(4) and the                      that proposed ISE Rule 702(d)(4) is
                                                     The Commission believes that that                    continuous quotation requirements in                      substantively identical to existing ISE
                                                  cancelling existing quotes during a                     ISE Rule 804(e).22 Additionally, the                      Rule 703A(c), which is being deleted.
                                                  trading halt would provide market                       Exchange will not consider the time
                                                  participants the opportunity to update                  periods associated with Limit States and                  3. Auction Handling During a Trading
                                                  potentially stale quotes. Further, the                  Straddle States when evaluating                           Halt
                                                  Commission notes that the Exchange                      whether a market maker has complied
                                                  will process cancels and modifications                                                                               The Exchange proposes to amend
                                                  to orders as well as quotes received                                                                              certain rules to account for the impact
                                                                                                          608 of Regulation NMS, as it may be amended from          of a trading halt on the Exchange’s
                                                  during a halt. Finally, the Commission                  time to time (the ‘‘LULD Plan’’).
                                                  further notes that the proposed                            16 See proposed ISE Rule 702(d)(1). The Exchange
                                                                                                                                                                    auction mechanisms. First, the
                                                  treatment of quotes during a halt is                    states that its rules do not currently address the
                                                                                                                                                                    Exchange proposes to amend ISE Rule
                                                  consistent with existing Phlx rule.13                   opening rotation in the event that the underlying         723 (Price Improvement Mechanism for
                                                                                                          NMS stock is open but has entered into a Limit or         Crossing Transactions) regarding the
                                                  2. Limit Up-Limit Down                                  Straddle State. See Notice, supra note 4, at 11976.       manner in which a trading halt will
                                                    The Exchange proposes to replace
                                                                                                             17 For the definition of the term ‘‘Market Orders’’,
                                                                                                                                                                    impact an order entered into the Price
                                                                                                          see ISE Rule 715(a).                                      Improvement Mechanism (‘‘PIM’’).
                                                  existing ISE Rule 703A (Trading During                     18 See proposed ISE Rule 702(d)(2).
                                                  Limit Up-Limit Down States in                                                                                     Today, if a trading halt is initiated after
                                                                                                             19 See id. See also Amendment No. 1, supra note
                                                  Underlying Securities) with proposed                                                                              an order is entered into the PIM, the
                                                                                                          5.
                                                  ISE Rule 702(d).14 Specifically,                           20 See proposed ISE Rule 702(d)(2). If the affected
                                                                                                                                                                    Exchange terminates such auction and
                                                  proposed ISE Rule 702(d) will provide                   underlying is no longer in a Limit or Straddle State
                                                                                                                                                                    eligible interest is executed.27 The
                                                  that during a Limit State and Straddle                  after the exposure period, the Market Order will be       Exchange proposes to amend the current
                                                  State in the underlying NMS stock 15 the                processed with normal handling. See id. The               process by terminating the auction and
                                                                                                          Exchange currently cancels Market Orders pending          not executing eligible interest when a
                                                  Release No. 80225 (March 13, 2017), 82 FR 14243         in the System upon initiation of a Limit or Straddle
                                                  (March 17, 2017) (SR–ISE–2017–02).                      State. See Notice, supra note 4, at 11976.                  23 See id. Proposed ISE Rule 703(d)(4) is
                                                    10 See Notice, supra note 4, at 11976.                   21 See proposed ISE Rule 702(d)(3). ISE currently
                                                                                                                                                                    substantively identical to ISE Rule 703A(c). See
                                                    11 See Notice, supra note 4, at 11983.                does not elect Stop Orders that are pending in the        Notice, supra note 4, at 11976.
                                                                                                          System during a Limit or Straddle State. Under the
mstockstill on DSK30JT082PROD with NOTICES




                                                    12 See id.                                                                                                        24 See Notice, supra note 4, at 11982.
                                                    13 See Phlx Rule 1047(f).                             proposal, the Exchange will elect Stop Orders that          25 See Notice, supra note 4, at 11982.
                                                    14 The Exchange represents that proposed ISE          are pending in the System during a Limit or                 26 See Notice, supra note 4, at 11982.

                                                  Rule 702(d) is similar to Phlx Rule 1047(d). See        Straddle State, if conditions for such election are         27 See Notice, supra note 4, at 11977. In the case
                                                  Notice, supra note 4, at 11976.                         met; however, because such orders become Market           of a complex order entered into the PIM, if a trading
                                                    15 Proposed ISE Rule 702(d) states that capitalized   Orders, they will be cancelled back to the member         halt is initiated, the auction would be terminated
                                                  terms used in Rule 702(d) will have the same            with a reason for such rejection. See Notice, supra       and eligible interest cancelled without execution.
                                                  meaning as provided for in the Plan to Address          note 4, at 11977.                                         See id. The Exchange is not amending this behavior.
                                                  Extraordinary Market Volatility Pursuant to Rule           22 See proposed ISE Rule 702(d)(4).                    See id.



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                                                                                  Federal Register / Vol. 82, No. 72 / Monday, April 17, 2017 / Notices                                                      18193

                                                  trading halt occurs.28 Similarly, the                       The Exchange believes, and the                       reaches the outer limit of the Acceptable
                                                  Exchange also proposes to amend to ISE                   Commission concurs, that the proposed                   Trade Range (the ‘‘Threshold Price’’)
                                                  Rule 716 (Block Trades) to state that, if                Market Order Spread Protection would                    without being fully executed, then any
                                                  a trading halt is initiated after an order               help mitigate risks associated with                     unexecuted balance will be cancelled.42
                                                  is entered into the Block Order                          trading errors and help reduce the                      The Acceptable Trade Range will not be
                                                  Mechanism, Facilitation Mechanism, or                    number of executions at dislocated                      available for All-or-None Orders.43
                                                  Solicited Order Mechanism, the                           prices.35 The Commission also notes                        The Exchange represents that it will
                                                  Exchange will automatically terminate                    that the protection is similar to a                     set the Acceptable Trade Range at levels
                                                  such auction without execution.29                        mandatory feature currently offered on                  to ensure that it is triggered
                                                     The Exchange believes that its                        NOM.36                                                  infrequently.44 While the Acceptable
                                                  proposal to terminate the PIM auction,                                                                           Trade Range settings will be tied to the
                                                  Block Order Mechanism, Facilitation                      C. Acceptable Trade Range                               option premium, other factors will be
                                                  Mechanism, and Solicited Order                              Today, ISE offers a Price Level                      considered when determining the exact
                                                  Mechanism and not execute eligible                       Protection that places a limit on the                   settings.45 For example, the Exchange
                                                  interest when a trading halt occurs will                 number of price levels at which an                      states that acceptable ranges may change
                                                  provide certainty to participants                        incoming order or quote to sell (buy)                   if market-wide volatility is high or if
                                                  regarding how their interest will be                     would be executed automatically when                    overall market liquidity is low based on
                                                  handled.30 The Exchange believes that                    there are no bids (offers) from other                   historical trends.46 To ensure a well-
                                                  during a trading halt, the market may                    exchanges at any price for the options                  functioning market, the Exchange
                                                  move and create risk to market                           series.37 The Exchange proposes to                      believes that different market conditions
                                                  participants with respect to resting                     replace the current Price Level                         may require adjustments to the
                                                  interest.31 The Commission believes                      Protection with Phlx’s Acceptable Trade                 threshold amounts from time to time.47
                                                  that the proposed rule provides                          Range for orders that are not complex                   Further, while the Acceptable Trade
                                                  transparency and clarity regarding the                   orders.38 The Exchange states that the                  Range settings will generally be the
                                                  handling of these orders during a                        proposed Acceptable Trade Range is a                    same across all options traded on the
                                                  trading halt.                                            mechanism designed to prevent the                       Exchange, ISE proposes to set them
                                                                                                           System from experiencing dramatic                       separately based on characteristics of
                                                  B. Market Order Spread Protection
                                                                                                           price swings by preventing the market                   the underlying security.48 For example,
                                                     The Exchange proposes to amend ISE                    from moving beyond set thresholds.39                    the Exchange has generally observed
                                                  Rule 711 (Acceptance of Quotes and                       The System will calculate an Acceptable                 that options subject to the Penny Pilot
                                                  Orders) by adopting a new mandatory                      Trade Range to limit the range of prices                program quote with tighter spreads than
                                                  risk protection entitled Market Order                    at which an order or quote will be                      options not subject to the Penny Pilot.
                                                  Spread Protection which will apply to                    allowed to execute.40 Upon receipt of a                 Accordingly, the Exchange will set
                                                  Market Orders.32 Pursuant to proposed                                                                            Acceptable Trade Ranges for three
                                                                                                           new order or quote, the Acceptable
                                                  ISE Rule 711(c), if the NBBO is wider                    Trade Range is calculated by taking the                 categories of options: (1) Penny Pilot
                                                  than a preset threshold at the time a                    reference price, plus or minus a value to               Options trading in one cent increments
                                                  Market Order is received by the                          be determined by the Exchange, where                    for options trading at less than $3.00
                                                  Exchange, the Exchange will reject the                   the reference price is the National Best                and increments of five cents for options
                                                  order. The Exchange will notify                          Bid (‘‘NBB’’) for sell orders/quotes and                trading at $3.00 or more; (2) Penny Pilot
                                                  members of the threshold with a notice,                  the National Best Offer (‘‘NBO’’) for buy               Options trading in one-cent increments
                                                  and, thereafter, will notify members of                  orders/quotes. Accordingly, the                         for all prices; and (3) Non-Penny Pilot
                                                  any subsequent changes to the                            Acceptable Trade Range is: The                          Options.49
                                                  threshold.33 The Exchange represents                     reference price ¥ (x) for sell orders/                     The Exchange represents that the
                                                  that the Market Order Spread Protection                  quotes; and the reference price + (x) for               Acceptable Trade Range should prevent
                                                  will be the same for all options traded                  buy orders.41 If an order or quote                      the System from experiencing dramatic
                                                  on the Exchange and is applicable to all                                                                         price swings by preventing the market
                                                  members that submit Market Orders.34                       35 See  Notice, supra note 4, at 11983.               from moving beyond set thresholds.50
                                                                                                             36 See  NOM Rules at Chapter VI, Section 6(c).        The Commission believes that the
                                                    28 See  proposed ISE Rule 723(d)(5). The Exchange         37 See Notice, supra note 4, at 11980; ISE Rule      Acceptable Trade Range is reasonably
                                                  is not amending the behavior of the PIM with             714(b)(1).
                                                  respect to complex orders. See Amendment No. 1,
                                                                                                                                                                   designed to prevent executions of orders
                                                                                                              38 See Phlx Rule 1080(p). Unlike Phlx, ISE does
                                                  supra note 5.                                                                                                    and quotes at prices that are
                                                                                                           not offer a general continuous re-pricing
                                                     29 See proposed subsections (c)(3), (d)(3)(iv), and
                                                                                                           mechanism. See id. Accordingly, the Exchange            significantly worse than the NBBO at
                                                  (e)(2)(iv) of ISE Rule 716. The Exchange represents      states that the proposed Acceptable Trade Range         time of an order’s submission and may
                                                  that this proposed amendment represents the              will not include the posting period functionality
                                                  current process on ISE and is generally consistent       available today on Phlx. See Notice, supra note 4,      determine how far the market for a given option
                                                  with Phlx Rule 1047(c). See Notice, supra note 4,        at 11978, n.16. The Exchange will not post interest     will be allowed to move. See Notice, supra note 4,
                                                  at 11977.                                                that exceeds the outer limit of the Acceptable Trade
                                                     30 See Notice, supra note 4, at 11983.
                                                                                                                                                                   at 11979. Updates to the table would be announced
                                                                                                           Range; rather the interest will be cancelled. See       via an Exchange alert, generally the prior day. See
                                                     31 See id.                                            Notice, supra note 4, at 11978. Orders that do not      id.
                                                     32 The Exchange states that this mandatory feature    exceed the outer limit of the Acceptable Trade             42 See proposed ISE Rule 714(b)(1)(ii).
                                                  is currently offered on NOM to protect Market            Range will post to the order book and will reside          43 See proposed ISE Rule 714(b)(1)(ii). Today,
                                                  Orders from being executed in very wide markets.         on the order book at such price until they are either
                                                                                                                                                                   ISE’s Price Level Protection rule is also not
                                                  See Notice, supra note 4, at 11977. See also NOM         executed in full or cancelled by the member. See
                                                                                                                                                                   available for All-or-None Orders. See Notice, supra
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                                                  Rules at Chapter VI, Section 6(c).                       Notice, supra note 4, at 11979.
                                                                                                              39 See Notice, supra note 4, at 11983.
                                                                                                                                                                   note 4, at 11978, n.18.
                                                     33 See Notice, supra note 4, at 11977. The
                                                                                                                                                                      44 See Notice, supra note 4, at 11978.
                                                  Exchange proposes to initially set the threshold to         40 See proposed ISE Rule 714(b)(1)(i).
                                                                                                                                                                      45 See id.
                                                  $5, similar to the threshold set on NOM. See id. The        41 The Exchange states that the Acceptable Trade
                                                                                                                                                                      46 See id.
                                                  Exchange states that NOM set the differential at $5      Range settings are tied to the option premium. See         47 See id.
                                                  to match the maximum bid/ask differential                Notice, supra note 4, at 11979, n.17. A table
                                                                                                                                                                      48 See Notice, supra note 4, at id.
                                                  permitted for quotes on that exchange. See id. ISE       consisting of several steps based on the premium
                                                  also uses a similar $5 differential. See id.             of an option will be displayed on the                      49 See proposed ISE Rule 714(b)(1)(iii).
                                                     34 See Notice, supra note 4, at 11978.                NASDAQTrader.com Web site and used to                      50 See Notice, supra note 4, at 11983.




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                                                  18194                            Federal Register / Vol. 82, No. 72 / Monday, April 17, 2017 / Notices

                                                  reduce the potential negative impacts of                   necessary due to the introduction of the                curtailment events occur during a set
                                                  unanticipated volatility in individual                     Acceptable Trade Range and proposed                     time period (‘‘Market Maker Speed
                                                  options.                                                   changes to the Exchange’s opening                       Bump’’).62 In addition, the Exchange
                                                    For complex orders, the Exchange                         process.55 The Exchange states that its                 offers a market-wide risk protection that
                                                  proposes to continue to apply the                          proposal to conform the Exchange’s                      removes a market maker’s quotes across
                                                  existing Price Level Protection rule and                   opening process to Phlx Rule 1017 will                  all classes if a number of curtailment
                                                  relocate the rule from current ISE Rule                    result in an opening initiated by the                   events occur (‘‘Market-Wide Speed
                                                  714(b)(1) to proposed ISE Rule                             receipt of an appropriate number of                     Bump’’).63 ISE Rule 804(g) currently
                                                  714(b)(4).51 The Exchange represents                       valid width quotes by the PMM or                        requires that market makers set
                                                  that the existing Price Level Protection                   Competitive Market Maker, instead of                    curtailment parameters for both the
                                                  Rule is a better protection for complex                    an opening process initiated by a                       Market Maker Speed Bump and the
                                                  orders than the proposed Acceptable                        PMM.56 Similarly, the Exchange                          Market-Wide Speed Bump. Today, if a
                                                  Trade Range protection because, unlike                     believes the proposed Acceptable Trade                  market maker does not set these
                                                  single leg orders, complex orders are not                  Range functionality will continue to                    parameters, for each Market Maker
                                                  subject to trade-through protections and                   provide order protection to members                     Speed Bump and the Market-Wide
                                                  the Acceptable Trade Range protection                      without imposing any PMM                                Speed Bump, the System rejects their
                                                  utilizes the NBBO.52 The Commission                        obligations.57 The Exchange further                     quotes.64 With the technology
                                                  also notes that the functionality of Price                 represents that NOM and Phlx do not                     migration, the Exchange proposes to
                                                  Level Protection will remain the same                      impose similar PMM order handling                       provide default curtailment parameters,
                                                  with respect to complex orders. Further,                   and opening obligations.58 Accordingly,                 which will be determined by the
                                                  the Commission notes that the proposed                     the Commission believes that these                      Exchange and announced to members.65
                                                  Acceptable Trade Range is similar to an                    changes are consistent with the Act.                    The Commission believes that this
                                                  existing mechanism on Phlx.53                              E. Back-Up PMM                                          change is consistent with the Act and
                                                  D. PMM Order Handling and Opening                                                                                  notes that, although the Exchange will
                                                                                                                The Exchange proposes to amend
                                                  Obligations                                                                                                        establish default curtailment settings,
                                                                                                             Supplementary Material .03 to ISE Rule
                                                                                                                                                                     market makers will have discretion to
                                                     The Exchange proposes to eliminate                      803 to eliminate Back-Up PMMs. Today,
                                                                                                                                                                     set different curtailment settings
                                                  the Primary Market Maker (‘‘PMM’’)                         any ISE member that is approved to act
                                                                                                                                                                     appropriate for their trading and risk
                                                  order handling and opening obligations                     in the capacity of a PMM or an
                                                                                                             ‘‘Alternative Primary Market Maker’’                    tolerance.
                                                  in ISE Rule 803(c).54 As described
                                                  above, with the migration of ISE to the                    may voluntarily act as a Back-Up PMM                    G. Anti-Internalization
                                                  Nasdaq INET architecture, the Exchange                     in an options series in which it is
                                                  is adopting the Acceptable Trade Range                     quoting as a Competitive Market Maker                     The Exchange proposes to amend the
                                                  and opening rotation functionality                         (‘‘CMM’’).59 With the technology                        Supplementary Material at .03 to ISE
                                                  currently offered on NOM and Phlx,                         migration, the Exchange believes that a                 Rule 804 (Market Maker Quotations) to
                                                  which do not contain similar                               Back-Up PMM is no longer necessary                      adopt an anti-internalization rule.
                                                  requirements for the PMMs as in ISE                        because under INET the Exchange will                    Today, ISE’s functionality prevents
                                                  Rule 803(c).                                               not utilize the order handling                          Immediate-or-Cancel (‘‘IOC’’) orders
                                                     The Exchange represents that PMMs’                      obligations present on the Exchange                     entered by a market maker from trading
                                                  current obligations are no longer                          today.60 The Exchange further                           with the market maker’s own quote.66
                                                                                                             represents that the proposed new                        The Exchange proposes to replace this
                                                     51 See proposed ISE Rule 714(b)(4). To adapt the        opening process obviates the                            self-trade protection with anti-
                                                  rule so that it only applies to complex orders, the        importance of such a role because it                    internalization functionality currently
                                                  Exchange proposes to amend the Price Level                 would no longer rely on a market maker                  offered on Phlx.67 The Exchange
                                                  Protection rule to: (i) Remove references that
                                                  specifically relate to single leg order functionality;     to initiate the opening process.61                      proposes to provide that quotes and
                                                  (ii) remove references to PMM handling that does           Accordingly, the Commission believes                    orders entered by market makers using
                                                  not apply to complex orders; and (iii) add                 that these changes are consistent with                  the same member identifier will not be
                                                  references to component legs to make clear that the        the Act.                                                executed against quotes and orders
                                                  rule applies to the component legs of complex
                                                  orders. See Notice, supra note 4, at 11980. The            F. Market Maker Speed Bump                              entered on the opposite side of the
                                                  Exchange represents that the number of price levels                                                                market by the same market maker using
                                                  at which an incoming order or quote could execute             The Exchange proposes to amend ISE                   the same member identifier. In such a
                                                  when there are no corresponding bids or offers from        Rule 804 (Market Maker Quotations) to                   case, the System will cancel the resting
                                                  other exchanges at any price is currently set to five      establish default parameters for certain
                                                  per leg. See Amendment No. 1, supra note 5.                                                                        quote or order back to the entering party
                                                     52 See Notice, supra note 4, at id.
                                                                                                             risk functionality. The Exchange                        prior to execution. The proposed anti-
                                                     53 See Notice, supra note 4, at 11983; Phlx Rule        currently offers a risk protection                      internalization functionality will not
                                                  1080(p).                                                   mechanism for market maker quotes                       apply in any auction or with respect to
                                                     54 ISE Rule 803(c) provides that, in addition to the    that removes a member’s quotes in an                    complex order transactions. The
                                                  obligations contained in Rule 803 for market makers        options class if a specified number of                  Exchange states that this proposed
                                                  generally, for options classes to which a market
                                                  maker is the appointed PMM, PMM shall have the               55 See Notice, supra note 4, at 11983. See also
                                                                                                                                                                     functionality does not modify the duty
                                                  responsibility to: (1) As soon as practical, address
                                                                                                             supra note 9.
                                                  Priority Customer Orders that are not automatically          56 See Notice, supra note 4, at 11983. See also         62 See ISE Rule 804(g)(1) and Supplementary
                                                  executed pursuant to Rule 714(b)(1) in a manner
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                                                                                                             supra note 9.                                           Material .04 to ISE Rule 722.
                                                  consistent with its obligations under Rule 803(b) by                                                                 63 See ISE Rule 804(g)(2). Market makers may
                                                                                                               57 See Notice, supra note 4, at 11980. The
                                                  either (i) executing all or a portion of the order at
                                                                                                             Exchange states that Phlx does not currently have       request the Exchange to set the market wide
                                                  a price that at least matches the NBBO and that
                                                                                                             similar roles for a Specialist on its market. See id.   parameter to apply to just ISE or across ISE and ISE
                                                  improves upon the Exchange’s best bid (in the case
                                                                                                               58 See Notice, supra note 4, at 11980.                Gemini. See id.
                                                  of a sell order) or the Exchange’s best offer (in the                                                                64 See Notice, supra note 4, at 11980–81.
                                                                                                               59 See ISE Rule 803, Supplementary Material .03.
                                                  case of a buy order); or (ii) releasing all or a portion
                                                                                                               60 See Notice, supra note 4, at 11983.                  65 See Notice, supra note 4, at 11981.
                                                  of the order for execution against bids and offers on
                                                                                                                                                                       66 See id.
                                                  the Exchange; and (2) initiate trading in each series        61 See Notice, supra note 4, at 11983. See also

                                                  pursuant to Rule 701 (Trading Rotations).                  supra note 9.                                             67 See Phlx Rule 1080(p)(2).




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                                                                                  Federal Register / Vol. 82, No. 72 / Monday, April 17, 2017 / Notices                                                    18195

                                                  of best execution owed to public                        Exchange members can send a Cancel                     the order.80 The Exchange further
                                                  customer orders.68                                      and Replace Order in one message,                      believes that memorializing Cancel and
                                                    The Exchange represents that the                      which allows the replacement order to                  Replace Order handling will add
                                                  proposal is designed to assist market                   retain the time priority of the cancelled              transparency to the Exchange’s rules
                                                  makers in reducing trading costs from                   order, subject to certain exceptions.75                and reduce the potential for investor
                                                  unwanted executions potentially                         However, currently the Exchange does                   confusion.81
                                                  resulting from the interaction of                       not apply price or other reasonability
                                                  executable interest from the same firm                                                                            The Commission notes that other
                                                                                                          checks to the replacement order for all
                                                  performing the same market making                                                                              exchanges with a similar order type
                                                                                                          Cancel and Replace Orders.76 For
                                                  function.69 The Commission believes                     example, the Exchange notes that                       permit an order to retain priority if only
                                                  that the proposed rule is reasonably                    currently, a Cancel and Replace Order                  the size of the order is decremented.82
                                                  designed to prevent the unwanted                        which reduced the size of an original                  Accordingly, the Commission believes it
                                                  execution of quotes and orders entered                  order from 600 to 300 contracts would                  is appropriate for the Exchange to define
                                                  by market makers using the same                         not be subject to price or other                       Cancel and Replace Order in the manner
                                                  member identifier.                                      reasonability checks.77                                proposed.
                                                  H. Minimum Execution Quantity Orders                      The Exchange now proposes to define                  J. All-Or-None Orders
                                                     The Exchange proposes to amend ISE                   the Cancel and Replace Order to ensure
                                                                                                          that price and other reasonability checks                 The Exchange proposes to amend ISE
                                                  Rule 715 (Types of Orders) to remove
                                                                                                          are applied to Cancel and Replace                      Rule 715(c) to provide that All-Or-None
                                                  minimum quantity orders in subpart
                                                                                                          Orders.78 The Exchange proposes to                     Orders 83 may only be entered into the
                                                  (q).70 The Exchange states that the
                                                                                                          define a Cancel and Replace Order as a                 Exchange’s System with a time-in-force
                                                  utilization of minimum quantity orders
                                                  by its members has been very limited,                   single message for the immediate                       designation of Immediate-Or-Cancel.84
                                                  and therefore proposes to remove this                   cancellation of a previously received                  Currently, the Exchange allows users to
                                                  order type.71 Furthermore, the Exchange                 order and the replacement of that order                submit All-Or-None Orders with any
                                                  proposes to remove two references to                    with a new order. If the previously                    time-in-force designation. As proposed,
                                                  minimum quantity orders in                              placed order is already partially filled or            an All-Or-None Order would be
                                                  Supplementary Material .02 to ISE Rule                  in its entirety, the replacement order is              required to be submitted as an
                                                  713 and in Supplementary Material .04                   automatically canceled or reduced by                   Immediate-Or-Cancel Order and thus
                                                  to ISE Rule 717.                                        the number of contracts that were                      will either execute in its entirety or be
                                                     The Exchange states that the removing                executed. Additionally, the replacement                cancelled. Because All-Or-None Orders
                                                  the minimum quantity order type would                   order will retain the priority of the                  will either be executed or cancelled, the
                                                  simplify functionality available on the                 cancelled order, if the order posts to the             Exchange also proposes to remove
                                                  Exchange and reduce the complexity of                   order book, provided the price is not                  language stating that All-Or-None
                                                  its order types.72 The Exchange further                 amended, size is not increased, or in the              Orders can be maintained in the System
                                                  represents that the utilization of                      case of Reserve Orders, size is not                    in Supplementary Material .02 to ISE
                                                  minimum quantity orders by its                          changed. However, if the replacement                   Rule 713 and to delete Supplementary
                                                  members has been very limited and is                    portion of a Cancel and Replace Order                  Material .04 to Rule 717, which
                                                  currently being utilized to transact less               does not satisfy the System’s price or
                                                                                                                                                                 concerns the exposure of non-
                                                  than 1% of the Exchange’s volume.73                     other reasonability checks the existing
                                                                                                                                                                 marketable All-Or-None Orders.85
                                                  Accordingly, the Commission believes it                 order will be cancelled and not
                                                  is appropriate for the Exchange to                      replaced.79                                               The Exchange states that this change
                                                  remove references to the minimum                          The Exchange represents that                         would remove uncertainty with respect
                                                  quantity order type.                                    conducting price or other reasonability                to the manner in which All-Or-None
                                                                                                          checks for all Cancel and Replace                      Orders would be handled in the order
                                                  I. Cancel and Replace Orders                                                                                   book, because the All-Or-None Order
                                                                                                          Orders will validate orders against
                                                     The Exchange proposes to amend                       current market conditions prior to                     would be canceled if it cannot be
                                                  Supplementary Material .02 to ISE Rule                  proceeding with the request to modify                  immediately executed in its entirety.86
                                                  715 (Types of Orders) to memorialize                                                                           Accordingly, the Commission believes it
                                                  how the Exchange System will handle                       75 See id. The Exchange notes that, instead of       is appropriate for the Exchange to
                                                  cancel and replace orders in connection                 sending a Cancel and Replace Order, a Member can       require that All-Or-None Orders be
                                                  with the Exchange’s technology                          separately send a cancellation message and a new       entered with a time-in-force designation
                                                  migration to INET.74 Currently,                         order, for which the Exchange would apply price
                                                                                                          or other reasonability checks, but the new order       of Immediate-Or-Cancel.
                                                                                                          would not retain the priority of the original order.      For these reasons, the Commission
                                                    68 See  Notice, supra note 4, at 11981.               See id. This behavior will not change. See id.
                                                    69 See  Notice, supra note 4, at 11981, n.34.           76 See Amendment No. 1, supra note 5.
                                                                                                                                                                 believes that the proposed rule change,
                                                    70 A Minimum Quantity Order is an order type            77 See id.                                           as modified by Amendment No. 1, is
                                                  that is available for partial execution only for a        78 See proposed ISE Rule 715, Supplementary          consistent with the Act.
                                                  specified number of contracts or greater. A member      Material .02.
                                                  may specify whether any subsequent executions of          79 Price and reasonability checks that would be        80 See  id.
                                                  the order must also be for the specified number of
                                                                                                          applied include ISE Rule 710 (Minimum Trading            81 See  id.
                                                  contracts or greater, or if the balance may be
                                                                                                          Increments), ISE Rule 711(c) (proposed Market
                                                  executed as a regular order. If all executions are to                                                             82 See id; see Phlx Rule 1080(b)(i)(A).
                                                                                                          Order Spread Protection), ISE Rule 714(b)(2) (Limit
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                                                  be for a specified number of contracts or greater and                                                             83 An All-Or-None Order is a limit or market
                                                                                                          Order Price Protection), and ISE Rule 722(b)(1)
                                                  the balance of the order after one or more partial                                                             order that is to be executed in its entirety or not
                                                                                                          (Minimum Increments for Complex Orders), and
                                                  execution(s) is less than the minimum, such                                                                    at all. See ISE Rule 715(c).
                                                                                                          Supplementary Material .07 (b), (c) and (d) to Rule
                                                  balance is treated as all-or-none. See ISE Rule                                                                   84 An Immediate-Or-Cancel Order is a limit order
                                                                                                          722 (Price Limits for Complex Orders and Quotes).
                                                  715(q).                                                                                                        that is to be executed in whole or in part upon
                                                    71 See Notice, supra note 4, at 11981.
                                                                                                          See Amendment No. 1, supra note 5, n.39. The
                                                                                                          Exchange also notes that, as for other orders, the     receipt, and any portion not so executed is to be
                                                    72 See Notice, supra note 4, at 11984.                                                                       treated as cancelled. See ISE Rule 715(b)(3).
                                                                                                          Exchange may cancel an order because it does not
                                                    73 See Notice, supra note 4, at 11981, n.35.                                                                    85 See Amendment No. 1, supra note 5.
                                                                                                          satisfy a format or other requirement specified in
                                                    74 See Amendment No. 1, supra note 5.                 the Exchange’s rules and specifications. See id.          86 See id.




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                                                  18196                           Federal Register / Vol. 82, No. 72 / Monday, April 17, 2017 / Notices

                                                  IV. Conclusion                                              The text of the proposed rule change               orders, SGTC limit orders, GTMC limit
                                                    It is therefore ordered, pursuant to                   is available on the Exchange’s Web site               orders, and SHEX limit orders at the
                                                  Section 19(b)(2) of the Act,87 that the                  at http://nasdaq.cchwallstreet.com, at                Nasdaq Opening Cross price with time
                                                  proposed rule change (SR–ISE–2017–                       the principal office of the Exchange, and             as the secondary priority; and (D)
                                                  03), as modified by Amendment No. 1,                     at the Commission’s Public Reference                  reserve interest of quotes, SDAY limit
                                                  be, and hereby is, approved.                             Room.                                                 orders, SGTC limit orders, and GTMC
                                                                                                                                                                 limit orders and SHEX limit orders at
                                                    For the Commission, by the Division of                 II. Self-Regulatory Organization’s
                                                                                                                                                                 the Nasdaq Opening Cross price with
                                                  Trading and Markets, pursuant to delegated               Statement of the Purpose of, and
                                                  authority.88                                                                                                   time as the secondary priority.
                                                                                                           Statutory Basis for, the Proposed Rule
                                                  Eduardo A. Aleman,
                                                                                                                                                                    Rule 4753 states that, if the Nasdaq
                                                                                                           Change
                                                                                                                                                                 Halt Cross price is selected and fewer
                                                  Assistant Secretary.                                       In its filing with the Commission, the              than all shares of Eligible Interest that
                                                  [FR Doc. 2017–07638 Filed 4–14–17; 8:45 am]              Exchange included statements                          are available in the Nasdaq Market
                                                  BILLING CODE 8011–01–P                                   concerning the purpose of and basis for               Center would be executed, all Eligible
                                                                                                           the proposed rule change and discussed                Interest shall be executed at the Nasdaq
                                                                                                           any comments it received on the                       Halt Cross price in price/time priority.
                                                  SECURITIES AND EXCHANGE                                  proposed rule change. The text of these                  Rule 4754 states that, if the Nasdaq
                                                  COMMISSION                                               statements may be examined at the                     Closing Cross price is selected and
                                                  [Release No. 34–80425; File No. SR–                      places specified in Item IV below. The                fewer than all Market On Close
                                                  NASDAQ–2017–031]                                         Exchange has prepared summaries, set                  (‘‘MOC’’), Limit On Close (‘‘LOC’’),
                                                                                                           forth in sections A, B, and C below, of               Imbalance Only (‘‘IO’’) and Close
                                                  Self-Regulatory Organizations; The                       the most significant aspects of such                  Eligible Interest would be executed,
                                                  NASDAQ Stock Market LLC; Notice of                       statements.                                           orders will be executed at the Nasdaq
                                                  Filing and Immediate Effectiveness of
                                                                                                           A. Self-Regulatory Organization’s                     Closing Cross price in the following
                                                  Proposed Rule Change To Amend Rule
                                                                                                           Statement of the Purpose of, and                      priority: (A) MOC orders, with time as
                                                  4703 (Order Attributes), Rule 4752
                                                                                                           Statutory Basis for, the Proposed Rule                the secondary priority; (B) LOC orders,
                                                  (Opening Process), Rule 4753 (Nasdaq
                                                                                                           Change                                                limit orders, IO orders, displayed quotes
                                                  Halt Cross) and Rule 4754 (Nasdaq
                                                                                                                                                                 and reserve interest priced more
                                                  Closing Cross)                                           1. Purpose                                            aggressively than the Nasdaq Closing
                                                  April 11, 2017.                                             The purpose of this proposal is to                 Cross price based on price with time as
                                                     Pursuant to Section 19(b)(1) of the                   amend Rule 4752 (Opening Process),                    the secondary priority; (C) LOC orders,
                                                  Securities Exchange Act of 1934                          Rule 4753 (Nasdaq Halt Cross) and Rule                IO Orders displayed interest of limit
                                                  (‘‘Act’’),1 and Rule 19b–4 thereunder,2                  4754 (Nasdaq Closing Cross) to specify                orders, and displayed interest of quotes
                                                  notice is hereby given that on March 31,                 the execution priority of an Order that               at the Nasdaq Closing Cross price with
                                                  2017, The NASDAQ Stock Market LLC                        has been locked or crossed at its non-                time as the secondary priority; (D)
                                                  (‘‘Nasdaq’’ or ‘‘Exchange’’) filed with the              displayed price by a Post-Only Order                  reserve interest at the Nasdaq Closing
                                                  Securities and Exchange Commission                       and re-priced for purposes of the                     Cross price with time as the secondary
                                                  (‘‘SEC’’ or ‘‘Commission’’) the proposed                 Opening, Closing and Halt Cross.                      priority; and (E) unexecuted MOC, LOC,
                                                  rule change as described in Items I and                     Rule 4752, 4753 and 4754 set forth the             and IO orders will be canceled.
                                                  II below, which Items have been                          operation of the Opening Cross, the Halt                 Nasdaq now proposes to amend the
                                                  prepared by the Exchange. The                            Cross, and the Closing Cross,                         provisions of Rules 4752, 4753 and 4754
                                                  Commission is publishing this notice to                  respectively. Each Rule specifies the                 to specifically describe the execution
                                                  solicit comments on the proposed rule                    manner in which orders will be                        priority an Order that was entered on
                                                  change from interested persons.                          executed if less than all available                   the Nasdaq Book and has been locked or
                                                  I. Self-Regulatory Organization’s                        interest is executed as part of the Cross.            crossed at its non-displayed price by a
                                                  Statement of the Terms of Substance of                   Specifically, Rule 4752 states that, if the           Post-Only Order and re-priced for
                                                  the Proposed Rule Change                                 Nasdaq Opening Cross price is selected                purposes of the Opening, Closing or
                                                                                                           and fewer than all shares of Market On                Halt Cross.
                                                     The Exchange proposes to amend                                                                                 In November 2016, the Commission
                                                                                                           Open (‘‘MOO’’), Limit On Open
                                                  Rule 4752 (Opening Process), Rule 4753                                                                         approved changes to the functionality of
                                                                                                           (‘‘LOO’’), Opening Imbalance Only
                                                  (Nasdaq Halt Cross) and Rule 4754                                                                              Post-Only Orders.3 As a result of this
                                                                                                           Order (‘‘OIO’’) and Early Market Hours
                                                  (Nasdaq Closing Cross) to specify the
                                                                                                           Orders that are available in the Nasdaq
                                                  execution priority of an Order that has                                                                          3 See Securities Exchange Act Release No. 79290
                                                                                                           Market Center would be executed, all
                                                  been locked or crossed at its non-                                                                             (November 10, 2016), 81 FR 81184 (November 17,
                                                                                                           Quotes and Orders shall be executed at                2016) (SR–NASDAQ–2016–111).
                                                  displayed price by a Post-Only Order
                                                                                                           the Nasdaq Opening Cross price in the                   Under the new Post-Only functionality, the
                                                  and re-priced for purposes of the
                                                                                                           following priority: (A) MOO and Early                 behavior of Post-Only orders would be altered when
                                                  Opening, Closing and Halt Cross.                                                                               the adjusted price of such orders lock or cross a
                                                                                                           Market Hours market peg orders, with
                                                  Nasdaq is also proposing to amend Rule                                                                         non-displayed price on the Exchange’s Book.
                                                  4703 (Order Attributes) and Rule 4753                    time as the secondary priority; (B) LOO               Specifically, if the adjusted price of the Post-Only
                                                  (Halt Cross) to clarify the effect of the re-            orders, Early Market Hours limit orders,              Order would lock or cross a non-displayed price on
                                                  pricing of an Order that has been locked                 OIO orders, SDAY limit orders, SGTC                   the Exchange’s Book, the Post-Only order would be
                                                                                                           limit orders, GTMC limit orders, SHEX                 posted in the same manner as a Price to Comply
mstockstill on DSK30JT082PROD with NOTICES




                                                  or crossed at its non-displayed price by                                                                       Order. However, the Post-Only Order would
                                                  a Post-Only Order for purposes of the                    limit orders, displayed quotes and                    execute if (i) it is priced below $1.00 and the value
                                                  Opening, Closing and Halt Cross.                         reserve interest priced more aggressively             of price improvement associated with executing
                                                                                                           than the Nasdaq Opening Cross price                   against an Order on the Nasdaq Book (as measured
                                                                                                           based on limit price with time as the                 against the original limit price of the Order) equals
                                                    87 15 U.S.C. 78s(b)(2).                                                                                      or exceeds the sum of fees charged for such
                                                    88 17 CFR 200.30–3(a)(12).                             secondary priority; (C) LOO orders, OIO               execution and the value of any rebate that would
                                                    1 15 U.S.C. 78s(b)(1).                                 Orders, Early Market Hours and                        be provided if the Order posted to the Nasdaq Book
                                                    2 17 CFR 240.19b–4.                                    displayed interest of quotes, SDAY limit              and subsequently provided liquidity, or (ii) it is



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Document Created: 2018-08-25 11:27:15
Document Modified: 2018-08-25 11:27:15
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 18191 

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