82 FR 22022 - Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to Complex Order Quoting
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 82, Issue 90 (May 11, 2017)
Federal Register Volume 82, Issue 90 (May 11, 2017)
| Page Range | 22022-22024 | |
| FR Document | 2017-09529 |
[Federal Register Volume 82, Number 90 (Thursday, May 11, 2017)] [Notices] [Pages 22022-22024] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-09529] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-80613; File No. SR-ISE-2017-37] Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to Complex Order Quoting May 5, 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 ISE, LLC (``ISE'' 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. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78s(b)(1). \2\ 17 CFR 240.19b-4. --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to designate that a symbol will not be eligible for Market Maker quotes in the complex order book after the symbol migrates to Nasdaq INET technology. In addition, that symbol will trade in price/time priority. 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 Today, ISE permits Market Makers to enter quotes on certain symbols for complex strategies on the complex order book in their appointed options classes. Market Maker quotes for complex strategies are not automatically executed against bids and offers on the Exchange for the individual legs nor can they be marked for price improvement.\3\ Market Makers are not required to enter quotes on the Exchange's complex order book. Quotes for complex orders are not subject to any quotation requirements that are applicable to Market Maker quotes in the regular market for individual options series or classes, nor is any volume executed in complex orders taken into consideration when determining whether Market Markers are meeting quotation obligations applicable to market maker quotes in the regular market for individual options series. --------------------------------------------------------------------------- \3\ See Supplementary Material .03 to Rule 722. --------------------------------------------------------------------------- The Exchange proposes to designate that a symbol will not be eligible for Market Maker quotes in the complex order book after the symbol migrates to the INET platform. Specifically, the Exchange filed a proposal to begin the system migration to Nasdaq INET in Q2 of 2017.\4\ The migration to INET will be on a symbol by symbol basis as specified by the Exchange in a notice to Members.\5\ The Exchange is proposing to implement this rule change on the INET platform as the symbols migrate to that platform. Once a symbol moves to INET no complex quoting \6\ will be available for that symbol and the symbol will be allocated in price/time priority. --------------------------------------------------------------------------- \4\ See Securities Exchange Act Release No. 80432 (April 11, 2017), 82 FR 18191 (April 17, 2017) (SR-ISE-2017-03) (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). \5\ The Exchange will issue an Options Trader Alert prior to the migration and will specify the dates that symbols will migrate to the INET platform. \6\ The Exchange notes that Phlx does not offer complex order quoting functionality. --------------------------------------------------------------------------- INET is the proprietary core technology utilized across Nasdaq's global markets and utilized on The NASDAQ Options Market LLC (``NOM''), NASDAQ PHLX LLC (``Phlx'') and NASDAQ BX, Inc. (``BX'') (collectively, ``Nasdaq Exchanges''). The migration of ISE to the Nasdaq INET architecture would result in higher performance, scalability, and more robust architecture. With this system [[Page 22023]] migration, the Exchange intends to adopt certain trading functionality currently utilized at Nasdaq Exchanges.\7\ --------------------------------------------------------------------------- \7\ See note 4 above. --------------------------------------------------------------------------- The Exchange is staging the re-platform to provide maximum benefit to its Members while also ensuring a successful rollout. As symbols migrate to the INET functionality, the symbols that are currently enabled for Market Maker Quotes will become ineligible for complex quoting. This will provide the Exchange additional time to test and implement this functionality on the INET platform. The Exchange will issue an Options Trader Alert to all Members notifying them that complex order quoting functionality will no longer be available after a symbol migrates to INET.\8\ --------------------------------------------------------------------------- \8\ Even though the complex quoting functionality will not be available, Market Makers will still be able to submit complex orders. --------------------------------------------------------------------------- Within a year from the date of filing this rule change, the Exchange will offer complex quoting functionality on the ISE INET platform. Thereafter, Exchange may offer the complex quoting from time to time with notice to members. At the time the Exchange designates a symbol as available for complex quoting, it will also designate the allocation methodology for that symbol pursuant to ISE Rule 722(b)(3)(i). 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 because the Exchange desires to rollout the complex order quoting functionality at a later date to allow additional time to rebuild this technology on the new platform. --------------------------------------------------------------------------- \9\ 15 U.S.C. 78f(b). \10\ 15 U.S.C. 78f(b)(5). --------------------------------------------------------------------------- Not offering the Market Maker quotes in the complex order book with the symbol migration to INET, will allow the Exchange additional time to test and implement this functionality. The Exchange will provide Members with ample notice of the turn-off of this functionality in an Options Trader Alert. The Exchange will continue to provide notification to Members to ensure clarity about the availability of this functionality with the symbol migration. The Exchange is proposing to implement this rule change on the INET platform as the symbols migrate to that platform. Once a symbol moves to INET, no complex quoting \11\ will be available for that symbol and the Exchange will specify that the allocation methodology for that symbol will be price/time. Within a year from the date of filing this rule change, the Exchange will offer complex quoting functionality on the ISE INET platform. Thereafter, the Exchange may offer the complex quoting for specified symbols from time to time with notice to members. At the time the Exchange designates a symbol as available for complex quoting, it will also designate the allocation methodology for that symbols pursuant to ISE Rule 722(b)(3)(i). --------------------------------------------------------------------------- \11\ The Exchange notes that Phlx does not offer complex order quoting functionality. --------------------------------------------------------------------------- Even though the complex quoting functionality will not be available, Market Makers will still be able to submit complex orders. The Exchange does not anticipate any significant impact with respect to execution quality. The Exchange notes that Phlx does not offer complex order quoting functionality.\12\ --------------------------------------------------------------------------- \12\ See Phlx Rule 1098. --------------------------------------------------------------------------- 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 does not believe that the proposed rule change will impact the intense competition that exists in the options market. Members will be able to continue to submit complex orders on ISE; however Market Maker quotes in the complex order book will not be available after a symbol migrates to INET. The Exchange does not believe that the proposed rule change will impose any burden on intra-market competition because all Members uniformly will not be able to submit Market Maker quotes in the complex order book. The Exchange is proposing to implement this rule change on the INET platform as the symbols migrate to that platform. Once a symbol moves to INET, no complex quoting \13\ will be available for that symbol and the Exchange will specify the allocation methodology for that symbol as price/time. Within a year from the date of filing this rule change, the Exchange will offer complex quoting functionality on the ISE INET platform. Thereafter, the Exchange may offer the complex quoting for specified symbols from time to time with notice to members. At the time the Exchange designates a symbol as available for complex quoting, it will also designate the allocation methodology for that symbol pursuant to ISE Rule 722(b)(3)(i). --------------------------------------------------------------------------- \13\ The Exchange notes that Phlx does not offer complex order quoting functionality. --------------------------------------------------------------------------- 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 \14\ and subparagraph (f)(6) of Rule 19b-4 thereunder.\15\ --------------------------------------------------------------------------- \14\ 15 U.S.C. 78s(b)(3)(A)(iii). \15\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6) requires a self-regulatory organization to give the Commission written notice of its intent to file the proposed rule change at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission. The Exchange has satisfied this requirement. --------------------------------------------------------------------------- At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is: (i) Necessary or appropriate in the public interest; (ii) for the protection of investors; or (iii) otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission shall institute proceedings to determine whether the proposed rule should be approved or disapproved. IV. Solicitation of Comments Interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic CommentsUse the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or Send an email to [email protected]. Please include File Number SR-ISE-2017-37 on the subject line. [[Page 22024]] Paper Comments Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-ISE-2017-37. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street NE., Washington, DC 20549, on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-ISE-2017-37 and should be submitted on or before June 1, 2017. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\16\ --------------------------------------------------------------------------- \16\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Eduardo A. Aleman, Assistant Secretary. [FR Doc. 2017-09529 Filed 5-10-17; 8:45 am] BILLING CODE 8011-01-P
![22022 Federal Register / Vol. 82, No. 90 / Thursday, May 11, 2017 / Notices
compliance with Rule 611. The SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s
estimated cost for an in-house attorney COMMISSION Statement of the Purpose of, and
is $396 per hour and the estimated cost Statutory Basis for, the Proposed Rule
for an assistant compliance director in [Release No. 34–80613; File No. SR–ISE– Change
the securities industry is $349 per hour. 2017–37] 1. Purpose
Therefore the estimated total cost of
Today, ISE permits Market Makers to
compliance for the annual hour burden Self-Regulatory Organizations; Nasdaq
enter quotes on certain symbols for
is as follows: [(2 legal hours × 12 months ISE, LLC; Notice of Filing and
complex strategies on the complex order
× $396) × 304] + [(3 compliance hours Immediate Effectiveness of Proposed book in their appointed options classes.
× 12 months × $349) × 304] = Rule Change Relating to Complex Market Maker quotes for complex
$6,708,672.2 Order Quoting strategies are not automatically executed
Written comments are invited on: (a) May 5, 2017. against bids and offers on the Exchange
Whether the proposed collection of for the individual legs nor can they be
information is necessary for the proper Pursuant to Section 19(b)(1) of the marked for price improvement.3 Market
performance of the functions of the Securities Exchange Act of 1934 Makers are not required to enter quotes
Commission, including whether the (‘‘Act’’),1 and Rule 19b–4 thereunder,2 on the Exchange’s complex order book.
information shall have practical utility; notice is hereby given that on April 26, Quotes for complex orders are not
(b) the accuracy of the Commission’s 2017, Nasdaq ISE, LLC (‘‘ISE’’ or subject to any quotation requirements
estimates of the burden of the proposed ‘‘Exchange’’) filed with the Securities that are applicable to Market Maker
collection of information; (c) ways to and Exchange Commission (‘‘SEC’’ or quotes in the regular market for
‘‘Commission’’) the proposed rule individual options series or classes, nor
enhance the quality, utility, and clarity
change as described in Items I and II, is any volume executed in complex
of the information to be collected; and
below, which Items have been prepared orders taken into consideration when
(d) ways to minimize the burden of the determining whether Market Markers
collection of information on by the Exchange. The Commission is
publishing this notice to solicit are meeting quotation obligations
respondents, including through the use applicable to market maker quotes in
of automated collection techniques or comments on the proposed rule change
the regular market for individual
other forms of information technology. from interested persons.
options series.
Consideration will be given to I. Self-Regulatory Organization’s The Exchange proposes to designate
comments and suggestions submitted in Statement of the Terms of Substance of that a symbol will not be eligible for
writing within 60 days of this the Proposed Rule Change Market Maker quotes in the complex
publication. order book after the symbol migrates to
An agency may not conduct or The Exchange proposes to designate the INET platform. Specifically, the
sponsor, and a person is not required to that a symbol will not be eligible for Exchange filed a proposal to begin the
respond to, a collection of information Market Maker quotes in the complex system migration to Nasdaq INET in Q2
order book after the symbol migrates to of 2017.4 The migration to INET will be
under the PRA unless it displays a
Nasdaq INET technology. In addition, on a symbol by symbol basis as
currently valid OMB control number.
that symbol will trade in price/time specified by the Exchange in a notice to
Please direct your written comments priority. Members.5 The Exchange is proposing
to: Thomas Bayer, Director/Chief to implement this rule change on the
Information Officer, Securities and The text of the proposed rule change
INET platform as the symbols migrate to
Exchange Commission, c/o Remi Pavlik- is available on the Exchange’s Web site that platform. Once a symbol moves to
Simon, 100 F Street NE., Washington, at www.ise.com, at the principal office INET no complex quoting 6 will be
DC 20549, or send an email to: PRA_ of the Exchange, and at the available for that symbol and the symbol
Mailbox@sec.gov. Commission’s Public Reference Room. will be allocated in price/time priority.
II. Self-Regulatory Organization’s INET is the proprietary core
Dated: May 8, 2017.
Statement of the Purpose of, and technology utilized across Nasdaq’s
Eduardo A. Aleman, global markets and utilized on The
Statutory Basis for, the Proposed Rule
Assistant Secretary. NASDAQ Options Market LLC
Change
[FR Doc. 2017–09585 Filed 5–10–17; 8:45 am] (‘‘NOM’’), NASDAQ PHLX LLC (‘‘Phlx’’)
BILLING CODE 8011–01–P In its filing with the Commission, the and NASDAQ BX, Inc. (‘‘BX’’)
Exchange included statements (collectively, ‘‘Nasdaq Exchanges’’). The
concerning the purpose of and basis for migration of ISE to the Nasdaq INET
the proposed rule change and discussed architecture would result in higher
any comments it received on the performance, scalability, and more
proposed rule change. The text of these robust architecture. With this system
statements may be examined at the 3 See Supplementary Material .03 to Rule 722.
places specified in Item IV below. The 4 See Securities Exchange Act Release No. 80432
Exchange has prepared summaries, set (April 11, 2017), 82 FR 18191 (April 17, 2017) (SR–
asabaliauskas on DSK3SPTVN1PROD with NOTICES
2 The total cost of compliance for the annual hour forth in sections A, B, and C below, of ISE–2017–03) (Order Approving Proposed Rule
Change, as Modified by Amendment No. 1, to
burden has been revised to reflect updated the most significant aspects of such Amend Various Rules in Connection with a System
estimated cost figures for an in-house attorney and statements. Migration to Nasdaq INET Technology).
an assistant compliance director. These figures are 5 The Exchange will issue an Options Trader
from SIFMA’s Management & Professional Earnings Alert prior to the migration and will specify the
in the Securities Industry 2017, modified by dates that symbols will migrate to the INET
Commission staff to account for an 1800-hour work- platform.
1 15 U.S.C. 78s(b)(1).
year and multiplied by 5.35 to account for bonuses, 6 The Exchange notes that Phlx does not offer
firm size, employee benefits, and overhead. 2 17 CFR 240.19b–4. complex order quoting functionality.
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![22024 Federal Register / Vol. 82, No. 90 / Thursday, May 11, 2017 / Notices
Paper Comments SECURITIES AND EXCHANGE proposed rule change. The text of these
COMMISSION statements may be examined at the
• Send paper comments in triplicate places specified in Item IV below. The
to Secretary, Securities and Exchange [Release No. 34–80612; File No. SR–
BatsBYX–2017–07]
Exchange has prepared summaries, set
Commission, 100 F Street NE., forth in Sections A, B, and C below, of
Washington, DC 20549–1090. Self-Regulatory Organizations; Bats the most significant parts of such
All submissions should refer to File BYX Exchange, Inc.; Notice of Filing statements.
Number SR–ISE–2017–37. This file and Immediate Effectiveness of a A. Self-Regulatory Organization’s
number should be included on the Proposed Rule Change to Rule 11.15 of Statement of the Purpose of, and the
subject line if email is used. To help the Bats BYX Exchange, Inc. To Authorize Statutory Basis for, the Proposed Rule
Commission process and review your the Exchange To Share a User’s Risk Change
comments more efficiently, please use Settings With the Clearing Member
That Clears Transactions on Behalf of 1. Purpose
only one method. The Commission will
the User The Exchange is proposing to update
post all comments on the Commission’s
Rule 11.15, Clearance and Settlement;
Internet Web site (http://www.sec.gov/ May 5, 2017.
Anonymity, to authorize the Exchange
rules/sro.shtml). Copies of the Pursuant to Section 19(b)(1) of the to share any of the User’s risk settings
submission, all subsequent Securities Exchange Act of 1934 (the with the Clearing Member that clears
amendments, all written statements ‘‘Act’’),1 and Rule 19b–4 thereunder,2 transactions on behalf of the User, and
with respect to the proposed rule notice is hereby given that on April 24, to capitalize the term ‘‘Clearing
change that are filed with the 2017, Bats BYX Exchange, Inc. (the Member’’.
Commission, and all written ‘‘Exchange’’ or ‘‘BYX’’) filed with the Current Exchange Rule 11.15 requires
communications relating to the Securities and Exchange Commission that all transactions passing through the
proposed rule change between the (‘‘Commission’’) the proposed rule facilities of the Exchange shall be
Commission and any person, other than change as described in Items I and II cleared and settled through a Qualified
those that may be withheld from the below, which Items have been prepared Clearing Agency 6 using a continuous
public in accordance with the by the Exchange. The Exchange has net settlement system. This requirement
provisions of 5 U.S.C. 552, will be designated this proposal as a ‘‘non- may be satisfied by direct participation,
controversial’’ proposed rule change use of direct clearing services, or by
available for Web site viewing and
pursuant to Section 19(b)(3)(A) of the entry into a correspondent clearing
printing in the Commission’s Public
Act 3 and Rule 19b–4(f)(6) thereunder,4 arrangement with another Member that
Reference Room, 100 F Street NE., which renders it effective upon filing
Washington, DC 20549, on official clears trades through a Qualified
with the Commission. The Commission Clearing Agency (‘‘Clearing Member’’).
business days between the hours of is publishing this notice to solicit Rule 11.15 provides that if a Member
10:00 a.m. and 3:00 p.m. Copies of the comments on the proposed rule change clears transactions through another
filing also will be available for from interested persons. Member that is a Clearing Member,7
inspection and copying at the principal such Clearing Member shall affirm to
office of the Exchange. All comments I. Self-Regulatory Organization’s
Statement of the Terms of Substance of the Exchange in writing, through letter
received will be posted without change; of authorization, letter of guarantee or
the Commission does not edit personal the Proposed Rule Change
other agreement acceptable to the
identifying information from The Exchange filed a proposal to Exchange, its agreement to assume
submissions. You should submit only amend Rule 11.15 to authorize the responsibility for clearing and settling
information that you wish to make Exchange to share a User’s 5 risk settings any and all trades executed by the
available publicly. All submissions with the Clearing Member that clears Member designating it as its clearing
should refer to File Number SR–ISE– transactions on behalf of the User. firm. The rules of any such clearing
2017–37 and should be submitted on or The text of the proposed rule change agency shall govern with respect to the
before June 1, 2017. is available at the Exchange’s Web site clearance and settlement of any
at www.batstrading.com, at the transactions executed by the Member on
For the Commission, by the Division of principal office of the Exchange, and at the Exchange.
Trading and Markets, pursuant to delegated the Commission’s Public Reference Thus, while not all Members are
authority.16 Room. Clearing Members, all Members are
Eduardo A. Aleman, required to either clear their own
II. Self-Regulatory Organization’s
Assistant Secretary. Statement of the Purpose of, and transactions or to have in place a
[FR Doc. 2017–09529 Filed 5–10–17; 8:45 am] Statutory Basis for, the Proposed Rule relationship with a Clearing Member’s
BILLING CODE 8011–01–P Change that has agreed to clear transactions on
their behalf (or on behalf of any
In its filing with the Commission, the Sponsored Participants 8 for which the
Exchange included statements
concerning the purpose of and basis for 6 Qualified Clearing Agency is defined as ‘‘a
the proposed rule change and discussed clearing agency registered with the Commission
any comments it received on the pursuant to Section 17A of the Act that is deemed
asabaliauskas on DSK3SPTVN1PROD with NOTICES
qualified by the Exchange.’’ See Exchange Rule
1 15
1.5(u).
U.S.C. 78s(b)(1). 7 The Exchange notes that it also proposes to
2 17 CFR 240.19b–4. amend Rule 11.15(a) to capitalize the term
3 15 U.S.C. 78s(b)(3)(A).
‘‘Clearing Member’’ to ensure consistency within
4 17 CFR 240.19b–4(f)(6). Exchange Rules.
5 A User is defined as ‘‘any Member or Sponsored 8 A Sponsored Participant is defined as ‘‘a person
Participant who is authorized to obtain access to the which has entered into a sponsorship arrangement
System pursuant to Rule 11.3.’’ See Exchange Rule with a Sponsoring Member pursuant to Rule 11.3.’’
16 17 CFR 200.30–3(a)(12). 1.5(cc). See Exchange Rule 1.5(x).
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Document Created: 2017-05-11 00:15:20
Document Modified: 2017-05-11 00:15:20
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
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| Section | Notices | |
| FR Citation | 82 FR 22022 |
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