82_FR_21524 82 FR 21437 - Self-Regulatory Organizations; Nasdaq GEMX, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Regarding Quote Mitigation

82 FR 21437 - Self-Regulatory Organizations; Nasdaq GEMX, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Regarding Quote Mitigation

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 87 (May 8, 2017)

Page Range21437-21439
FR Document2017-09192

Federal Register, Volume 82 Issue 87 (Monday, May 8, 2017)
[Federal Register Volume 82, Number 87 (Monday, May 8, 2017)]
[Notices]
[Pages 21437-21439]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09192]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80573; File No. SR-GEMX-2017-04]


Self-Regulatory Organizations; Nasdaq GEMX, LLC; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change Regarding Quote 
Mitigation

May 2, 2017.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on April 26, 2017, Nasdaq GEMX, LLC (``GEMX'' or ``Exchange'') filed 
with the Securities and Exchange Commission (``SEC'' or ``Commission'') 
the proposed rule change as described in Items I and II below, which 
Items have been prepared by the Exchange. The Commission is publishing 
this notice to solicit comments on the proposed rule change from 
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend GEMX Rule 804(h) regarding quote 
mitigation.
    The text of the proposed rule change is available on the Exchange's 
Web site at www.ise.com, at the principal office of the Exchange, and 
at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements 
concerning the purpose of and basis for the proposed rule change and 
discussed any comments it received on the proposed rule change. The 
text of these statements may be examined at the places specified in 
Item IV below. The Exchange has prepared summaries, set forth in 
sections A, B, and C below, of the most significant aspects of such 
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend GEMX Rule 804, entitled ``Market 
Maker Quotations,'' to specifically amend Rule 804(h) which addresses 
the Exchange's quote traffic mitigation plan to adopt a

[[Page 21438]]

similar quote mitigation plan to that of NASDAQ PHLX LLC (``Phlx'').
    Topaz implemented its quote mitigation plan in 2013, at the time it 
filed its Form 1 application.\3\ At that time, Topaz adopted the same 
quote mitigation plan that was in effect on ISE.\4\
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    \3\ See Securities Exchange Release Act. No. 70050 (July 26, 
2013), 78 FR 46622 (August 1, 2013) (File No. 10-209) (Application 
of Topaz Exchange, LLC for Registration as a National Securities 
Exchange; Findings, Opinion, and Order of the Commission). This 
pilot has since been extended several times.
    \4\ See Securities Exchange Release Act. No. 55161 (February 1, 
2007), 72 FR 4754 (January 24, 2007) (SR-ISE-2006-62) (Order 
Granting Approval To Proposed Rule Change as Modified by Amendment 
Nos. 1 and 2 Thereto, To Implement a Penny Pilot Program To Quote 
Certain Options in Pennies).
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    Currently, GEMX Rule 804(h) provides that GEMX shall utilize a 
mechanism so that newly-received quotations and other changes to the 
Exchange's best bid and offer are not disseminated for a period of up 
to, but not more than one second. Commencing on February 27, 2017, GEMX 
initiated a migration to Nasdaq's INET system over a six week symbol 
rollout.\5\ GEMX completed its symbol migration to INET and began 
mitigating quotes pursuant to a mitigation strategy utilized by Phlx 
today.\6\ GEMX is no longer utilizing the same mitigation strategy that 
it utilized while it operated on its legacy system. INET does not 
currently support the quote mitigation strategy in the current GEMX 
Rule 804(h). The Exchange is proposing to change its quote mitigation 
strategy to one supported by INET. Phlx operates on INET today, the 
same system that GEMX now operates on. The Exchange proposes to amend 
its current rule to adopt a plan for quote mitigation similar to Phlx's 
rule and properly reflect its mitigation process. Phlx's strategy has 
been operating on the INET platform since 2007.
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    \5\ See Options Trader Alert #2017-13.
    \6\ See Options Technical Update #2017-17.
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    Phlx Rule 1082(a)(ii)(C) sets forth the conditions under which Phlx 
disseminates updated quotations based on changes in the Exchange's 
disseminated price and/or size. Phlx disseminates an updated bid and 
offer price, together with the size associated with such bid and offer, 
when: (1) Phlx's disseminated bid or offer price increases or 
decreases; (2) the size associated with Phlx's disseminated bid or 
offer decreases; or (3) the size associated with Phlx's bid (offer) 
increases by an amount greater than or equal to a percentage (never to 
exceed 20%) \7\ of the size associated with the previously disseminated 
bid (offer). Such percentage, which would never exceed 20%, would be 
determined on an issue-by-issue basis by the Exchange and announced to 
membership via Exchange circular. The percentage size increase 
necessary to give rise to a refreshed quote may vary from issue to 
issue, depending, without limitation, on the liquidity, average volume, 
and average number of quotations submitted in the issue. The mitigation 
would apply to all options traded on GEMX.
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    \7\ Phlx has set its percentage to 10%. See http://www.nasdaqtrader.com/content/phlxmemos/2007/jan/0197-07.pdf.
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    The Exchange will not be adopting Phlx Rule 1082(a)(ii)(C)(4). This 
functionality is not necessary on INET. Phlx adopted 1082(a)(ii)(C)(4) 
when it was not operating on INET, with its subsequent replatform to 
INET functionality, 1082(a)(ii)(C)(4) was no longer necessary because 
of the real-time features which exist on INET. The INET functionality 
rendered the rule text in 1082(a)(ii)(C)(4) as unnecessary.
    With the migration to INET, GEMX has set an initial percentage of 
3% as announced in an Options Trader Alert.\8\ GEMX will continue to 
monitor the quote activity on the market and would not notify 
participants of any incremental increase in the size of the Exchange's 
quote until such quote is disseminated to OPRA.
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    \8\ See Options Technical Update #2017-17.
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act,\9\ in general, and furthers the objectives of Section 
6(b)(5) of the Act,\10\ in particular, in that it is designed to 
promote just and equitable principles of trade, to remove impediments 
to and perfect the mechanism of a free and open market and a national 
market system, and, in general to protect investors and the public 
interest, by reducing the number of options quotations required to be 
submitted on the Exchange and, therefore, mitigating the Exchange's 
quote message traffic and capacity. By adopting a quote mitigation plan 
similar to Phlx, the Exchange will continue to mitigate quotes and 
monitor its quote capacity, as is the case today. While the Phlx method 
differs from that of GEMX's rule, the Exchange believes that Phlx's 
method today successfully mitigates quotes on that market. In addition, 
GEMX desires to adopt a similar mitigation as currently utilized by its 
affiliated market, as it now operates on the same architecture.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
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    The Phlx quote mitigation process has been in place since 2007. 
Phlx is operating on the INET system today, the same system that GEMX 
was recently migrated to for its operating system. The Exchange 
believes that Phlx's quote mitigation process has successfully 
controlled Phlx's quote capacity. The Exchange believes that it is 
reasonable to utilize a similar process as Phlx to mitigate quotes for 
GEMX given the system architecture is utilized on both of these 
markets. Nasdaq, Inc., a common parent to Phlx and GEMX, has experience 
with this quote mitigation strategy on INET. The Exchange has selected 
to mitigate GEMX at 3% initially because, unlike Phlx, which is a 
mature market with various auction offerings and higher volumes, GEMX 
is a not as large in volume and has fewer functional offerings, e.g. 
complex orders and floor trading. The Exchange notes that it will 
continue to monitor quotes on GEMX and make adjustments as necessary.

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

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition not necessary or appropriate in 
furtherance of the purposes of the Act. The Exchange proposes to 
mitigate all options trading on GEMX. All options exchanges have a 
quote mitigation process in place in connection with their 
participation in the Penny Pilot Program.

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    No written comments were either solicited or received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    Because the foregoing proposed rule change does not: (i) 
Significantly affect the protection of investors or the public 
interest; (ii) impose any significant burden on competition; and (iii) 
become operative for 30 days from the date on which it was filed, or 
such shorter time as the Commission may designate, it has become 
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \11\ and 
subparagraph (f)(6) of Rule 19b-4 thereunder.\12\
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    \11\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \12\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6) 
requires a self-regulatory organization to give the Commission 
written notice of its intent to file the proposed rule change at 
least five business days prior to the date of filing of the proposed 
rule change, or such shorter time as designated by the Commission. 
The Exchange has satisfied this requirement.

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[[Page 21439]]

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the 
Act \13\ normally does not become operative for 30 days after the date 
of its filing. However, Rule 19b-4(f)(6)(iii) \14\ permits the 
Commission to designate a shorter time if such action is consistent 
with the protection of investors and the public interest. The Exchange 
has asked the Commission to waive the 30-day operative delay so that 
the proposal may become operative immediately upon filing. The 
Commission believes that waiving the 30-day operative delay is 
consistent with the protection of investors and the public interest. 
The Commission notes that GEMX (formerly known as Topaz Exchange, LLC) 
was approved as an Exchange on July 26, 2013, and its rules at that 
time provided for a quote mitigation plan.\15\ According to the 
Exchange, GEMX transitioned to a new operating platform (INET) on April 
3, 2017; however, this platform does not support the quote mitigation 
strategy in current GEMX Rule 804(h). The Exchange represents that 
since GEMX transitioned to INET, it has been mitigating quotes pursuant 
to the quote mitigation strategy used by Phlx today. The Exchange 
represents that the proposal would allow the Exchange to operate a 
quote mitigation plan on the INET platform and effectively mitigate the 
amount of options quote traffic on the Exchange. Accordingly, the 
Commission hereby waives the operative delay and designates the 
proposal operative upon filing.\16\
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    \13\ 17 CFR 240.19b-4(f)(6).
    \14\ 17 CFR 240.19b-4(f)(6)(iii).
    \15\ See note 3, supra.
    \16\ For purposes only of waiving the 30-day operative delay, 
the Commission has also considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
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    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is: (i) 
Necessary or appropriate in the public interest; (ii) for the 
protection of investors; or (iii) otherwise in furtherance of the 
purposes of the Act. If the Commission takes such action, the 
Commission shall institute proceedings to determine whether the 
proposed rule should be approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-GEMX-2017-04 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities 
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-GEMX-2017-04. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549, on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-GEMX-2017-04 and should be 
submitted on or before May 30, 2017.
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    \17\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\17\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-09192 Filed 5-5-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                     Federal Register / Vol. 82, No. 87 / Monday, May 8, 2017 / Notices                                              21437

                                                    Exchange believes that the proposed                     change is consistent with the Act.                     SECURITIES AND EXCHANGE
                                                    rule change would not impose any                        Comments may be submitted by any of                    COMMISSION
                                                    burden on competition because it is not                 the following methods:
                                                                                                                                                                   [Release No. 34–80573; File No. SR–GEMX–
                                                    designed to address any competitive                                                                            2017–04]
                                                    issues. Rather, the proposed rule change                Electronic Comments
                                                    is designed to provide specificity in                     • Use the Commission’s Internet                      Self-Regulatory Organizations; Nasdaq
                                                    Exchange rules regarding how the                        comment form (http://www.sec.gov/                      GEMX, LLC; Notice of Filing and
                                                    Exchange would process orders before                    rules/sro.shtml); or                                   Immediate Effectiveness of Proposed
                                                    and after all auctions, including the                                                                          Rule Change Regarding Quote
                                                    Early Open Auction and an IPO                             • Send an email to rule-comments@
                                                                                                                                                                   Mitigation
                                                    Auction. In addition the proposed                       sec.gov. Please include File Number SR–
                                                    changes regarding Discretionary Pegged                  NYSEArca–2017–47 on the subject line.                  May 2, 2017.
                                                    Orders would not impose any burden on                                                                             Pursuant to Section 19(b)(1) of the
                                                                                                            Paper Comments                                         Securities Exchange Act of 1934
                                                    competition because Discretionary
                                                    Pegged Orders, like Market Pegged                         • Send paper comments in triplicate                  (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                    Orders are non-displayed orders, and                    to Brent J. Fields, Secretary, Securities              notice is hereby given that on April 26,
                                                    the proposed changes are based on how                   and Exchange Commission, 100 F Street                  2017, Nasdaq GEMX, LLC (‘‘GEMX’’ or
                                                    Market Pegged Orders operate.                           NE., Washington, DC 20549–1090.                        ‘‘Exchange’’) filed with the Securities
                                                                                                                                                                   and Exchange Commission (‘‘SEC’’ or
                                                    C. Self-Regulatory Organization’s                       All submissions should refer to File                   ‘‘Commission’’) the proposed rule
                                                    Statement on Comments on the                            Number SR–NYSEArca–2017–47. This                       change as described in Items I and II
                                                    Proposed Rule Change Received From                      file number should be included on the                  below, which Items have been prepared
                                                    Members, Participants, or Others                        subject line if email is used. To help the             by the Exchange. The Commission is
                                                      No written comments were solicited                    Commission process and review your                     publishing this notice to solicit
                                                    or received with respect to the proposed                comments more efficiently, please use                  comments on the proposed rule change
                                                    rule change.                                            only one method. The Commission will                   from interested persons.
                                                    III. Date of Effectiveness of the                       post all comments on the Commission’s                  I. Self-Regulatory Organization’s
                                                    Proposed Rule Change and Timing for                     Internet Web site (http://www.sec.gov/                 Statement of the Terms of Substance of
                                                    Commission Action                                       rules/sro.shtml). Copies of the                        the Proposed Rule Change
                                                                                                            submission, all subsequent
                                                       Because the foregoing proposed rule                                                                            The Exchange proposes to amend
                                                                                                            amendments, all written statements
                                                    change does not: (i) Significantly affect                                                                      GEMX Rule 804(h) regarding quote
                                                                                                            with respect to the proposed rule
                                                    the protection of investors or the public                                                                      mitigation.
                                                                                                            change that are filed with the                            The text of the proposed rule change
                                                    interest; (ii) impose any significant
                                                    burden on competition; and (iii) become                 Commission, and all written                            is available on the Exchange’s Web site
                                                    operative for 30 days from the date on                  communications relating to the                         at www.ise.com, at the principal office
                                                    which it was filed, or such shorter time                proposed rule change between the                       of the Exchange, and at the
                                                    as the Commission may designate, it has                 Commission and any person, other than                  Commission’s Public Reference Room.
                                                    become effective pursuant to Section                    those that may be withheld from the
                                                                                                            public in accordance with the                          II. Self-Regulatory Organization’s
                                                    19(b)(3)(A) of the Act 10 and Rule 19b–
                                                                                                            provisions of 5 U.S.C. 552, will be                    Statement of the Purpose of, and
                                                    4(f)(6) thereunder.11
                                                       At any time within 60 days of the                    available for Web site viewing and                     Statutory Basis for, the Proposed Rule
                                                    filing of the proposed rule change, the                 printing in the Commission’s Public                    Change
                                                    Commission summarily may                                Reference Room, 100 F Street NE.,                         In its filing with the Commission, the
                                                    temporarily suspend such rule change if                 Washington, DC 20549 on official                       Exchange included statements
                                                    it appears to the Commission that such                  business days between the hours of                     concerning the purpose of and basis for
                                                    action is necessary or appropriate in the               10:00 a.m. and 3:00 p.m. Copies of such                the proposed rule change and discussed
                                                    public interest, for the protection of                  filing also will be available for                      any comments it received on the
                                                    investors, or otherwise in furtherance of               inspection and copying at the principal                proposed rule change. The text of these
                                                    the purposes of the Act. If the                         office of the Exchange. All comments                   statements may be examined at the
                                                    Commission takes such action, the                       received will be posted without change;                places specified in Item IV below. The
                                                    Commission shall institute proceedings                  the Commission does not edit personal                  Exchange has prepared summaries, set
                                                    to determine whether the proposed rule                  identifying information from                           forth in sections A, B, and C below, of
                                                    change should be approved or                            submissions. You should submit only                    the most significant aspects of such
                                                    disapproved.                                            information that you wish to make                      statements.
                                                    IV. Solicitation of Comments                            available publicly. All submissions
                                                                                                                                                                   A. Self-Regulatory Organization’s
                                                                                                            should refer to File Number SR–
                                                      Interested persons are invited to                                                                            Statement of the Purpose of, and
                                                                                                            NYSEArca–2017–47, and should be                        Statutory Basis for, the Proposed Rule
                                                    submit written data, views, and                         submitted on or before May 30, 2017.
                                                    arguments concerning the foregoing,                                                                            Change
                                                    including whether the proposed rule                       For the Commission, by the Division of
                                                                                                                                                                   1. Purpose
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                            Trading and Markets, pursuant to delegated
                                                      10 15  U.S.C. 78s(b)(3)(A).                           authority.12                                              The Exchange proposes to amend
                                                      11 17  CFR 240.19b–4(f)(6). As required under Rule    Eduardo A. Aleman,                                     GEMX Rule 804, entitled ‘‘Market Maker
                                                    19b–4(f)(6)(iii), the Exchange provided the                                                                    Quotations,’’ to specifically amend Rule
                                                                                                            Assistant Secretary.
                                                    Commission with written notice of its intent to file                                                           804(h) which addresses the Exchange’s
                                                    the proposed rule change, along with a brief            [FR Doc. 2017–09194 Filed 5–5–17; 8:45 am]
                                                                                                                                                                   quote traffic mitigation plan to adopt a
                                                    description and the text of the proposed rule           BILLING CODE 8011–01–P
                                                    change, at least five business days prior to the date
                                                                                                                                                                     1 15   U.S.C. 78s(b)(1).
                                                    of filing of the proposed rule change, or such
                                                    shorter time as designated by the Commission.             12 17   CFR 200.30–3(a)(12).                           2 17   CFR 240.19b–4.



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                                                    21438                            Federal Register / Vol. 82, No. 87 / Monday, May 8, 2017 / Notices

                                                    similar quote mitigation plan to that of                Such percentage, which would never                    same system that GEMX was recently
                                                    NASDAQ PHLX LLC (‘‘Phlx’’).                             exceed 20%, would be determined on                    migrated to for its operating system. The
                                                       Topaz implemented its quote                          an issue-by-issue basis by the Exchange               Exchange believes that Phlx’s quote
                                                    mitigation plan in 2013, at the time it                 and announced to membership via                       mitigation process has successfully
                                                    filed its Form 1 application.3 At that                  Exchange circular. The percentage size                controlled Phlx’s quote capacity. The
                                                    time, Topaz adopted the same quote                      increase necessary to give rise to a                  Exchange believes that it is reasonable
                                                    mitigation plan that was in effect on                   refreshed quote may vary from issue to                to utilize a similar process as Phlx to
                                                    ISE.4                                                   issue, depending, without limitation, on              mitigate quotes for GEMX given the
                                                       Currently, GEMX Rule 804(h)                          the liquidity, average volume, and                    system architecture is utilized on both
                                                    provides that GEMX shall utilize a                      average number of quotations submitted                of these markets. Nasdaq, Inc., a
                                                    mechanism so that newly-received                        in the issue. The mitigation would                    common parent to Phlx and GEMX, has
                                                    quotations and other changes to the                     apply to all options traded on GEMX.                  experience with this quote mitigation
                                                    Exchange’s best bid and offer are not                      The Exchange will not be adopting                  strategy on INET. The Exchange has
                                                    disseminated for a period of up to, but                 Phlx Rule 1082(a)(ii)(C)(4). This                     selected to mitigate GEMX at 3%
                                                    not more than one second. Commencing                    functionality is not necessary on INET.               initially because, unlike Phlx, which is
                                                    on February 27, 2017, GEMX initiated a                  Phlx adopted 1082(a)(ii)(C)(4) when it                a mature market with various auction
                                                    migration to Nasdaq’s INET system over                  was not operating on INET, with its                   offerings and higher volumes, GEMX is
                                                    a six week symbol rollout.5 GEMX                        subsequent replatform to INET                         a not as large in volume and has fewer
                                                    completed its symbol migration to INET                  functionality, 1082(a)(ii)(C)(4) was no               functional offerings, e.g. complex orders
                                                    and began mitigating quotes pursuant to                 longer necessary because of the real-                 and floor trading. The Exchange notes
                                                    a mitigation strategy utilized by Phlx                  time features which exist on INET. The                that it will continue to monitor quotes
                                                    today.6 GEMX is no longer utilizing the                 INET functionality rendered the rule                  on GEMX and make adjustments as
                                                    same mitigation strategy that it utilized               text in 1082(a)(ii)(C)(4) as unnecessary.             necessary.
                                                    while it operated on its legacy system.                    With the migration to INET, GEMX
                                                    INET does not currently support the                     has set an initial percentage of 3% as                B. Self-Regulatory Organization’s
                                                    quote mitigation strategy in the current                announced in an Options Trader Alert.8                Statement on Burden on Competition
                                                    GEMX Rule 804(h). The Exchange is                       GEMX will continue to monitor the                       The Exchange does not believe that
                                                    proposing to change its quote mitigation                quote activity on the market and would                the proposed rule change will impose
                                                    strategy to one supported by INET. Phlx                 not notify participants of any                        any burden on competition not
                                                    operates on INET today, the same                        incremental increase in the size of the               necessary or appropriate in furtherance
                                                    system that GEMX now operates on. The                   Exchange’s quote until such quote is                  of the purposes of the Act. The
                                                    Exchange proposes to amend its current                  disseminated to OPRA.                                 Exchange proposes to mitigate all
                                                    rule to adopt a plan for quote mitigation                                                                     options trading on GEMX. All options
                                                    similar to Phlx’s rule and properly                     2. Statutory Basis
                                                                                                                                                                  exchanges have a quote mitigation
                                                    reflect its mitigation process. Phlx’s                     The Exchange believes that its                     process in place in connection with
                                                    strategy has been operating on the INET                 proposal is consistent with Section 6(b)              their participation in the Penny Pilot
                                                    platform since 2007.                                    of the Act,9 in general, and furthers the             Program.
                                                       Phlx Rule 1082(a)(ii)(C) sets forth the              objectives of Section 6(b)(5) of the Act,10
                                                    conditions under which Phlx                             in particular, in that it is designed to              C. Self-Regulatory Organization’s
                                                    disseminates updated quotations based                   promote just and equitable principles of              Statement on Comments on the
                                                    on changes in the Exchange’s                            trade, to remove impediments to and                   Proposed Rule Change Received From
                                                    disseminated price and/or size. Phlx                    perfect the mechanism of a free and                   Members, Participants, or Others
                                                    disseminates an updated bid and offer                   open market and a national market                       No written comments were either
                                                    price, together with the size associated                system, and, in general to protect                    solicited or received.
                                                    with such bid and offer, when: (1)                      investors and the public interest, by
                                                    Phlx’s disseminated bid or offer price                  reducing the number of options                        III. Date of Effectiveness of the
                                                    increases or decreases; (2) the size                    quotations required to be submitted on                Proposed Rule Change and Timing for
                                                    associated with Phlx’s disseminated bid                 the Exchange and, therefore, mitigating               Commission Action
                                                    or offer decreases; or (3) the size                     the Exchange’s quote message traffic                    Because the foregoing proposed rule
                                                    associated with Phlx’s bid (offer)                      and capacity. By adopting a quote                     change does not: (i) Significantly affect
                                                    increases by an amount greater than or                  mitigation plan similar to Phlx, the                  the protection of investors or the public
                                                    equal to a percentage (never to exceed                  Exchange will continue to mitigate                    interest; (ii) impose any significant
                                                    20%) 7 of the size associated with the                  quotes and monitor its quote capacity,                burden on competition; and (iii) become
                                                    previously disseminated bid (offer).                    as is the case today. While the Phlx                  operative for 30 days from the date on
                                                                                                            method differs from that of GEMX’s                    which it was filed, or such shorter time
                                                       3 See Securities Exchange Release Act. No. 70050
                                                                                                            rule, the Exchange believes that Phlx’s               as the Commission may designate, it has
                                                    (July 26, 2013), 78 FR 46622 (August 1, 2013) (File
                                                    No. 10–209) (Application of Topaz Exchange, LLC         method today successfully mitigates                   become effective pursuant to Section
                                                    for Registration as a National Securities Exchange;     quotes on that market. In addition,                   19(b)(3)(A)(iii) of the Act 11 and
                                                    Findings, Opinion, and Order of the Commission).        GEMX desires to adopt a similar
                                                    This pilot has since been extended several times.
                                                                                                                                                                  subparagraph (f)(6) of Rule 19b–4
                                                       4 See Securities Exchange Release Act. No. 55161
                                                                                                            mitigation as currently utilized by its               thereunder.12
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                                                    (February 1, 2007), 72 FR 4754 (January 24, 2007)       affiliated market, as it now operates on
                                                    (SR–ISE–2006–62) (Order Granting Approval To            the same architecture.                                  11 15  U.S.C. 78s(b)(3)(A)(iii).
                                                    Proposed Rule Change as Modified by Amendment              The Phlx quote mitigation process has                12 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                                    Nos. 1 and 2 Thereto, To Implement a Penny Pilot        been in place since 2007. Phlx is                     4(f)(6) requires a self-regulatory organization to give
                                                    Program To Quote Certain Options in Pennies).                                                                 the Commission written notice of its intent to file
                                                       5 See Options Trader Alert #2017–13.                 operating on the INET system today, the
                                                                                                                                                                  the proposed rule change at least five business days
                                                       6 See Options Technical Update #2017–17.
                                                                                                                                                                  prior to the date of filing of the proposed rule
                                                                                                             8 See Options Technical Update #2017–17.
                                                       7 Phlx has set its percentage to 10%. See http://                                                          change, or such shorter time as designated by the
                                                                                                             9 15 U.S.C. 78f(b).
                                                    www.nasdaqtrader.com/content/phlxmemos/2007/                                                                  Commission. The Exchange has satisfied this
                                                    jan/0197-07.pdf.                                         10 15 U.S.C. 78f(b)(5).                              requirement.



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                                                                                     Federal Register / Vol. 82, No. 87 / Monday, May 8, 2017 / Notices                                                       21439

                                                       A proposed rule change filed                         Electronic Comments                                    SECURITIES AND EXCHANGE
                                                    pursuant to Rule 19b–4(f)(6) under the                                                                         COMMISSION
                                                    Act 13 normally does not become                           • Use the Commission’s Internet
                                                                                                            comment form (http://www.sec.gov/                      [Release No. 34–80574; File No. SR–FICC–
                                                    operative for 30 days after the date of its                                                                    2017–005]
                                                    filing. However, Rule 19b–4(f)(6)(iii) 14               rules/sro.shtml); or
                                                    permits the Commission to designate a                     • Send an email to rule-comments@                    Self-Regulatory Organizations; Fixed
                                                    shorter time if such action is consistent               sec.gov. Please include File Number SR–                Income Clearing Corporation; Order
                                                    with the protection of investors and the                GEMX–2017–04 on the subject line.                      Granting Approval of Proposed Rule
                                                    public interest. The Exchange has asked                                                                        Change To Establish the Centrally
                                                    the Commission to waive the 30-day                      Paper Comments                                         Cleared Institutional Triparty Service
                                                    operative delay so that the proposal may                                                                       and Make Other Changes
                                                    become operative immediately upon                         • Send paper comments in triplicate
                                                    filing. The Commission believes that                    to Secretary, Securities and Exchange                  May 2, 2017.
                                                    waiving the 30-day operative delay is                   Commission, 100 F Street NE.,
                                                                                                            Washington, DC 20549–1090.                             I. Introduction
                                                    consistent with the protection of
                                                    investors and the public interest. The                                                                            On March 9, 2017, Fixed Income
                                                                                                            All submissions should refer to File                   Clearing Corporation (‘‘FICC’’) filed
                                                    Commission notes that GEMX (formerly                    Number SR–GEMX–2017–04. This file
                                                    known as Topaz Exchange, LLC) was                                                                              with the Securities and Exchange
                                                                                                            number should be included on the                       Commission (‘‘Commission’’) proposed
                                                    approved as an Exchange on July 26,                     subject line if email is used. To help the
                                                    2013, and its rules at that time provided                                                                      rule change SR–FICC–2017–005,
                                                                                                            Commission process and review your                     pursuant to Section 19(b)(1) of the
                                                    for a quote mitigation plan.15 According
                                                    to the Exchange, GEMX transitioned to                   comments more efficiently, please use                  Securities Exchange Act of 1934
                                                    a new operating platform (INET) on                      only one method. The Commission will                   (‘‘Act’’),1 and Rule 19b–4 thereunder.2
                                                    April 3, 2017; however, this platform                   post all comments on the Commission’s                  The proposed rule change was
                                                    does not support the quote mitigation                   Internet Web site (http://www.sec.gov/                 published for comment in the Federal
                                                    strategy in current GEMX Rule 804(h).                   rules/sro.shtml). Copies of the                        Register on March 30, 2017.3 The
                                                    The Exchange represents that since                      submission, all subsequent                             Commission received one comment
                                                    GEMX transitioned to INET, it has been                  amendments, all written statements                     letter on the proposed rule change.4
                                                    mitigating quotes pursuant to the quote                 with respect to the proposed rule                      This order approves the proposed rule
                                                    mitigation strategy used by Phlx today.                 change that are filed with the                         change.
                                                    The Exchange represents that the                        Commission, and all written                            II. Description of the Proposal
                                                    proposal would allow the Exchange to                    communications relating to the                            Repurchase agreement (‘‘repo’’)
                                                    operate a quote mitigation plan on the                  proposed rule change between the                       transactions involve the sale of
                                                    INET platform and effectively mitigate                  Commission and any person, other than                  securities along with an agreement to
                                                    the amount of options quote traffic on                  those that may be withheld from the                    repurchase the securities on a later date.
                                                    the Exchange. Accordingly, the                          public in accordance with the                          Bilateral repo transactions involve a
                                                    Commission hereby waives the                            provisions of 5 U.S.C. 552, will be                    cash lender (e.g., a money market
                                                    operative delay and designates the                      available for Web site viewing and                     mutual fund, pension fund, or other
                                                    proposal operative upon filing.16                       printing in the Commission’s Public
                                                       At any time within 60 days of the                                                                           entity with funds available for lending)
                                                                                                            Reference Room, 100 F Street NE.,                      and a cash borrower (typically a broker-
                                                    filing of the proposed rule change, the
                                                                                                            Washington, DC 20549, on official                      dealer, hedge fund, or other entity
                                                    Commission summarily may
                                                                                                            business days between the hours of                     seeking to finance securities that can be
                                                    temporarily suspend such rule change if
                                                                                                            10:00 a.m. and 3:00 p.m. Copies of the                 used to collateralize the loan). In the
                                                    it appears to the Commission that such
                                                                                                            filing also will be available for                      opening leg of the repo transaction, the
                                                    action is: (i) Necessary or appropriate in
                                                                                                            inspection and copying at the principal                cash borrower receives cash in exchange
                                                    the public interest; (ii) for the protection
                                                                                                            office of the Exchange. All comments                   for securities equal in value to the
                                                    of investors; or (iii) otherwise in
                                                                                                            received will be posted without change;                amount of cash received, plus a haircut.
                                                    furtherance of the purposes of the Act.
                                                                                                            the Commission does not edit personal                  In the closing leg of the repo
                                                    If the Commission takes such action, the
                                                                                                            identifying information from                           transaction, the cash borrower pays back
                                                    Commission shall institute proceedings
                                                                                                                                                                   the cash plus interest in exchange for
                                                    to determine whether the proposed rule                  submissions. You should submit only
                                                    should be approved or disapproved.                      information that you wish to make                        1 15  U.S.C. 78s(b)(1).
                                                                                                            available publicly. All submissions                      2 17  CFR 240.19b–4. FICC also filed this proposal
                                                    IV. Solicitation of Comments
                                                                                                            should refer to File Number SR–GEMX–                   as an advance notice pursuant to Section 802(e)(1)
                                                      Interested persons are invited to                     2017–04 and should be submitted on or                  of the Payment, Clearing, and Settlement
                                                    submit written data, views, and                         before May 30, 2017.
                                                                                                                                                                   Supervision Act of 2010 and Rule 19b–4(n)(1)
                                                                                                                                                                   under the Act. 15 U.S.C. 5465(e)(1) and 17 CFR
                                                    arguments concerning the foregoing,                                                                            240.19b–4(n)(1). The advance notice was published
                                                    including whether the proposed rule                       For the Commission, by the Division of
                                                                                                                                                                   for comment in the Federal Register on April 7,
                                                    change is consistent with the Act.                      Trading and Markets, pursuant to delegated             2017. See Securities Exchange Act Release No.
                                                    Comments may be submitted by any of                     authority.17                                           80361 (April 3, 2017), 82 FR 17053 (April 7, 2017)
                                                                                                            Eduardo A. Aleman,                                     (SR–FICC–2017–803). The Commission did not
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                                                    the following methods:                                                                                         receive any comments on the advance notice.
                                                                                                            Assistant Secretary.                                      3 Securities Exchange Act Release No. 80303
                                                      13 17  CFR 240.19b–4(f)(6).                           [FR Doc. 2017–09192 Filed 5–5–17; 8:45 am]             (March 24, 2017), 82 FR 15749 (March 30, 2017)
                                                      14 17  CFR 240.19b–4(f)(6)(iii).
                                                                                                            BILLING CODE 8011–01–P
                                                                                                                                                                   (SR–FICC–2017–005) (‘‘Notice’’).
                                                       15 See note 3, supra.                                                                                          4 See letter from Thomas Wipf, Chief Financial
                                                       16 For purposes only of waiving the 30-day                                                                  Officer, Morgan Stanley & Co. LLC, dated April 19,
                                                    operative delay, the Commission has also                                                                       2017, to Eduardo A. Aleman, Assistant Secretary,
                                                    considered the proposed rule’s impact on                                                                       Commission, available at https://www.sec.gov/
                                                    efficiency, competition, and capital formation. See                                                            comments/sr-ficc-2017-005/ficc2017005.htm
                                                    15 U.S.C. 78c(f).                                         17 17   CFR 200.30–3(a)(12).                         (‘‘Morgan Stanley Letter’’).



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Document Created: 2017-05-06 02:21:37
Document Modified: 2017-05-06 02:21:37
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 21437 

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