82_FR_24031 82 FR 23932 - Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to Temporarily Suspend the Implementation of QCC With Stock Order Functionality Upon Migration to INET

82 FR 23932 - Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to Temporarily Suspend the Implementation of QCC With Stock Order Functionality Upon Migration to INET

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 99 (May 24, 2017)

Page Range23932-23934
FR Document2017-10586

Federal Register, Volume 82 Issue 99 (Wednesday, May 24, 2017)
[Federal Register Volume 82, Number 99 (Wednesday, May 24, 2017)]
[Notices]
[Pages 23932-23934]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-10586]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80718; File No. SR-ISE-2017-44]


Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change to Temporarily 
Suspend the Implementation of QCC With Stock Order Functionality Upon 
Migration to INET

May 18, 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 May 8, 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.
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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 delay the implementation of QCC with Stock 
Order functionality with the migration to Nasdaq INET.
    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

[[Page 23933]]

any comments it received on the proposed rule change. The text of these 
statements may be examined at the places specified in Item IV below. 
The Exchange has prepared summaries, set forth in sections A, B, and C 
below, of the most significant aspects of such statements.

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

1. Purpose
    The purpose of the proposed rule change is to delay the 
implementation of QCC with Stock Order functionality offered to members 
on a voluntary basis. QCC with Stock Orders will be temporarily 
unavailable in symbols that have migrated to the INET architecture as 
this functionality will be introduced later in the launch of the INET 
trading system. The QCC with Stock Order is a piece of functionality 
that facilitates the execution of the stock component of qualified 
contingent trades in connection with the execution of a Qualified 
Contingent Cross (``QCC'') Order on the Exchange. Specifically, a QCC 
with Stock Order is defined as a QCC Order \3\ entered with a stock 
component to be communicated to a designated broker-dealer for 
execution pursuant to Rule 721(c).\4\
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    \3\ A QCC Order is comprised of an originating order to buy or 
sell at least 1000 contracts that is identified as being part of a 
qualified contingent trade, coupled with a contra-side order or 
orders totaling an equal number of contracts. See Rule 715(j).
    \4\ See Rule 715(t).
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    Rule 721(c) and the Supplementary Material thereto describe how the 
stock component of QCC with Stock Orders are executed. Since QCC Orders 
represent one component of a qualified contingent trade, each QCC Order 
must be paired with a stock transaction. When a member enters a QCC 
Order, the member is responsible for executing the associated stock 
component of the qualified contingent trade within a reasonable period 
of time after the QCC Order is executed. QCC with Stock Order 
functionality is a voluntary piece of functionality that provides 
members with an automated means of executing the stock component of a 
qualified contingent trade. Specifically, when a member enters a QCC 
with Stock Order, a QCC Order is entered on the Exchange. That QCC 
Order is automatically executed upon entry provided that the conditions 
of Rule 721(b) are met. If the QCC Order is executed, the Exchange will 
automatically communicate the stock component to the member's 
designated broker-dealer for execution. Currently, members that execute 
the options component of a qualified contingent trade entered as a QCC 
with Stock Order remain responsible for the execution of the stock 
component if they do not receive an execution from their designated 
broker-dealer. Although QCC Orders are eligible for automatic 
execution, it is possible that the QCC Order may not be executable 
based on market prices at the time the order is entered. If the QCC 
Order is not capable of being executed, the entire QCC with Stock 
Order, including both the stock and options components, is cancelled.
    QCC with Stock Order functionality will not initially be available 
on INET for symbols that have been migrated to that platform. In 
conjunction with the upcoming migration to INET, the Exchange proposes 
to temporarily suspend the availability of QCC with Stock Order 
functionality provided under Rule 721(c) and the Supplementary Material 
to Rule 721 until a date to be announced by the Exchange via an Options 
Trader Alert, which date shall occur prior to August 1, 2017. QCC with 
Stock Orders in symbols that have migrated to INET will be rejected 
until such time as that functionality is introduced on INET. 
Specifically, the Exchange has filed and received approval for a 
proposed rule change to begin the system migration to INET in Q2 of 
2017.\5\ The migration to INET will be on a symbol-by-symbol basis as 
will be communicated by the Exchange in a notice to Members.\6\ The 
Exchange proposes to implement QCC with Stock Order functionality on 
the INET platform during the INET symbol migration. Once QCC with Stock 
Order functionality is launched on INET, members may utilize this 
functionality for symbols as they migrate to INET. The Exchange will 
announce a date, via an Options Trader Alert, when the functionality 
will be available. At that time, all symbols that have migrated to INET 
as of that date will be able to utilize the QCC with Stock Order 
functionality. All other symbols that migrate after that date, if any, 
would be able to utilize the QCC with Stock Order functionality as they 
migrate. The QCC with Stock Order functionality will continue to be 
available on the legacy ISE system until the symbols migrate to INET.
---------------------------------------------------------------------------

    \5\ 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).
    \6\ 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. The Exchange is staging the re-platform to 
provide maximum benefit to its Members while also ensuring a 
successful rollout. 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.
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Act,\7\ in general, and furthers the 
objectives of Section 6(b)(5) of the Act,\8\ 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. Specifically, the Exchange believes 
that the proposed rule change is consistent with the protection of 
investors and the public interest because QCC with Stock Order 
functionality is currently offered to members on a voluntary basis to 
assist in their execution of qualified contingent trades. Furthermore, 
members that execute the options component of a Qualified Contingent 
Trade entered as a QCC with Stock Order remain responsible for the 
execution of the stock component if they do not receive an execution 
from their designated broker-dealer. There is no requirement that 
members utilize QCC with Stock functionality, and members will continue 
to be able to enter regular QCC Orders where the exchange does not 
assist with the execution of the stock component of the trade and the 
members do so themselves. Specifically, Members would remain able to 
execute QCC Orders on the INET platform prior to QCC with Stock 
functionality being turned back on, provided that the member would be 
responsible for executing the associated stock component of the 
qualified contingent trade within a reasonable period of time after the 
QCC Order is executed. Furthermore, the Exchange will continue to offer 
the QCC with Stock Order functionality on the legacy ISE system until 
such time as each symbol migrates to INET. The Exchange intends to 
introduce QCC with Stock Order functionality on INET during the symbol 
migration, and prior to the rollout of the majority of symbols on

[[Page 23934]]

INET. Based on the Exchange's anticipated symbol rollout, the affected 
symbols will not include symbols where members typically enter a 
significant volume of QCC with Stock Orders.\9\ The Exchange also notes 
that it has issued an Options trader Alert providing Members notice of 
its proposal to delay the QCC with Stock Order functionality during the 
initial launch of the INET technology until such time as the Exchange 
announces the availability of the QCC with Stock Order 
functionality.\10\ The Exchange intends to make clear the 
implementation timeline of this functionality within its rulebook.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
    \9\ Of the 3,172 symbols listed on ISE, the Exchange anticipates 
rolling out approximately 151 symbols prior to introducing QCC with 
Stock Order functionality on INET.
    \10\ See Options Trader Alert #2017-32.
---------------------------------------------------------------------------

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. No market participant would be 
able to submit a QCC with Stock Order on INET until such time as the 
Exchange turns back on the functionality with notice to members. The 
Exchange believes that notwithstanding the delay of this functionality, 
ISE will continue to remain a competitive with other options markets. 
Moreover, Members will still be able to execute QCC Orders on the 
Exchange using other means to ensure the execution of the stock 
component of those qualified contingent trades.

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.
---------------------------------------------------------------------------

    In its filing, ISE requested that the Commission waive the 30-day 
operative delay in order to enable the Exchange to launch the new INET 
system on the schedule previously announced to members. The Commission 
believes that such waiver is consistent with the protection of 
investors and the public interest. The Exchange represented that 
delaying the launch of the INET system could harm members that have 
relied upon the schedule previously announced by ISE. Moreover, ISE 
explained that waiving the 30-day operative delay would have limited 
consequences; members received notice of the proposed change on April 
28, 2017, and the Exchange will migrate symbols that have a higher 
volume of QCC with Stock Orders later in its INET rollout in order to 
reduce the impact on its members. For these reasons, the Commission 
believes that proposed rule change will provide clarity to ISE members 
regarding the availability QCC with Stock Order functionality on the 
Exchange and designates the proposed rule change to be operative upon 
filing.\13\
---------------------------------------------------------------------------

    \13\ 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).
---------------------------------------------------------------------------

    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-ISE-2017-44 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-ISE-2017-44. 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-2017-44 and should be 
submitted on or before June 14, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12) and (59).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-10586 Filed 5-23-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                    23932                                Federal Register / Vol. 82, No. 99 / Wednesday, May 24, 2017 / Notices

                                                    exchanges and FINRA are proposing                           within 60 days of the filing of the                   submissions. You should submit only
                                                    this proposed fee schedule to                               proposed rule change, the Commission                  information that you wish to make
                                                    implement the requirements of the CAT                       summarily may temporarily suspend                     available publicly. All submissions
                                                    NMS Plan. Therefore, this is not a                          such rule change if it appears to the                 should refer to File Number SR–MRX–
                                                    competitive fee filing and, therefore, it                   Commission that such action is (i)                    2017–04, and should be submitted on or
                                                    does not raise competition issues                           necessary or appropriate in the public                before June 14, 2017.
                                                    between and among the exchanges and                         interest; (ii) for the protection of                    For the Commission, by the Division of
                                                    FINRA.                                                      investors; or (iii) otherwise in                      Trading and Markets, pursuant to delegated
                                                       Moreover, as previously described,                       furtherance of the purposes of the Act.               authority.58
                                                    MRX believes that the proposed rule                         If the Commission takes such action, the              Eduardo A. Aleman,
                                                    change fairly and equitably allocates                       Commission shall institute proceedings                Assistant Secretary.
                                                    costs among CAT Reporters. In                               to determine whether the proposed rule                [FR Doc. 2017–10595 Filed 5–23–17; 8:45 am]
                                                    particular, the proposed fee schedule is                    should be approved or disapproved.
                                                                                                                                                                      BILLING CODE 8011–01–P
                                                    structured to impose comparable fees on
                                                    similarly situated CAT Reporters, and                       IV. Solicitation of Comments
                                                    lessen the impact on smaller CAT                              Interested persons are invited to
                                                                                                                                                                      SECURITIES AND EXCHANGE
                                                    Reporters. CAT Reporters with similar                       submit written data, views, and
                                                                                                                                                                      COMMISSION
                                                    levels of CAT activity will pay similar                     arguments concerning the foregoing,
                                                    fees. For example, Industry Members                         including whether the proposed rule                   [Release No. 34–80718; File No. SR–ISE–
                                                    (other than Execution Venue ATSs) with                      change is consistent with the Act.                    2017–44]
                                                    higher levels of message traffic will pay                   Comments may be submitted by any of
                                                    higher fees, and those with lower levels                    the following methods:                                Self-Regulatory Organizations; Nasdaq
                                                    of message traffic will pay lower fees.                                                                           ISE, LLC; Notice of Filing and
                                                                                                                Electronic Comments                                   Immediate Effectiveness of Proposed
                                                    Similarly, Execution Venue ATSs and
                                                    other Execution Venues with larger                            • Use the Commission’s Internet                     Rule Change to Temporarily Suspend
                                                    market share will pay higher fees, and                      comment form (http://www.sec.gov/                     the Implementation of QCC With Stock
                                                    those with lower levels of market share                     rules/sro.shtml); or                                  Order Functionality Upon Migration to
                                                    will pay lower fees. Therefore, given                         • Send an email to rule-comments@                   INET
                                                    that there is generally a relationship                      sec.gov. Please include File Number SR–
                                                                                                                                                                      May 18, 2017.
                                                    between message traffic and market                          MRX–2017–04 on the subject line.
                                                                                                                                                                         Pursuant to Section 19(b)(1) of the
                                                    share to the CAT Reporter’s size, smaller                   Paper Comments                                        Securities Exchange Act of 1934
                                                    CAT Reporters generally pay less than                          • Send paper comments in triplicate                (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                    larger CAT Reporters. Accordingly, the                      to Secretary, Securities and Exchange                 notice is hereby given that on May 8,
                                                    Exchange does not believe that the CAT                      Commission, 100 F Street NE.,                         2017, Nasdaq ISE, LLC (‘‘ISE’’ or
                                                    Fees would have a disproportionate                          Washington, DC 20549–1090.                            ‘‘Exchange’’) filed with the Securities
                                                    effect on smaller or larger CAT                                                                                   and Exchange Commission (‘‘SEC’’ or
                                                                                                                All submissions should refer to File
                                                    Reporters. In addition, ATSs and                                                                                  ‘‘Commission’’) the proposed rule
                                                                                                                Number SR–MRX–2017–04. This file
                                                    exchanges will pay the same fees based                                                                            change as described in Items I and II,
                                                                                                                number should be included on the
                                                    on market share. Therefore, MRX does                                                                              below, which Items have been prepared
                                                                                                                subject line if email is used. To help the
                                                    not believe that the fees will impose any                                                                         by the Exchange. The Commission is
                                                                                                                Commission process and review your
                                                    burden on the competition between                                                                                 publishing this notice to solicit
                                                                                                                comments more efficiently, please use
                                                    ATSs and exchanges. Accordingly, MRX                                                                              comments on the proposed rule change
                                                                                                                only one method. The Commission will
                                                    believes that the proposed fees will                                                                              from interested persons.
                                                                                                                post all comments on the Commission’s
                                                    minimize the potential for adverse
                                                                                                                Internet Web site (http://www.sec.gov/                I. Self-Regulatory Organization’s
                                                    effects on competition between CAT
                                                                                                                rules/sro.shtml). Copies of the                       Statement of the Terms of Substance of
                                                    Reporters in the market.
                                                       Furthermore, the tiered, fixed fee                       submission, all subsequent                            the Proposed Rule Change
                                                    funding model limits the disincentives                      amendments, all written statements
                                                                                                                                                                         The Exchange proposes to delay the
                                                    to providing liquidity to the market.                       with respect to the proposed rule
                                                                                                                                                                      implementation of QCC with Stock
                                                    Therefore, the proposed fees are                            change that are filed with the
                                                                                                                                                                      Order functionality with the migration
                                                    structured to limit burdens on                              Commission, and all written
                                                                                                                                                                      to Nasdaq INET.
                                                    competitive quoting and other liquidity                     communications relating to the                           The text of the proposed rule change
                                                    provision in the market.                                    proposed rule change between the                      is available on the Exchange’s Web site
                                                                                                                Commission and any person, other than                 at www.ise.com, at the principal office
                                                    C. Self-Regulatory Organization’s                           those that may be withheld from the                   of the Exchange, and at the
                                                    Statement on Comments on the                                public in accordance with the                         Commission’s Public Reference Room.
                                                    Proposed Rule Change Received From                          provisions of 5 U.S.C. 552, will be
                                                    Members, Participants, or Others                            available for Web site viewing and                    II. Self-Regulatory Organization’s
                                                      No written comments were either                           printing in the Commission’s Public                   Statement of the Purpose of, and
                                                    solicited or received.                                      Reference Room, 100 F Street NE.,                     Statutory Basis for, the Proposed Rule
                                                                                                                Washington, DC 20549, on official                     Change
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    III. Date of Effectiveness of the                           business days between the hours of                       In its filing with the Commission, the
                                                    Proposed Rule Change and Timing for                         10:00 a.m. and 3:00 p.m. Copies of the                Exchange included statements
                                                    Commission Action                                           filing also will be available for                     concerning the purpose of and basis for
                                                       The foregoing rule change has become                     inspection and copying at the principal               the proposed rule change and discussed
                                                    effective pursuant to Section                               office of the Exchange. All comments
                                                    19(b)(3)(A)(ii) of the Act.57 At any time                   received will be posted without change;                 58 17 CFR 200.30–3(a)(12).
                                                                                                                the Commission does not edit personal                   1 15 U.S.C. 78s(b)(1).
                                                      57 15   U.S.C. 78s(b)(3)(A)(ii).                          identifying information from                            2 17 CFR 240.19b–4.




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                                                                                   Federal Register / Vol. 82, No. 99 / Wednesday, May 24, 2017 / Notices                                                23933

                                                    any comments it received on the                             component to the member’s designated                   time, all symbols that have migrated to
                                                    proposed rule change. The text of these                     broker-dealer for execution. Currently,                INET as of that date will be able to
                                                    statements may be examined at the                           members that execute the options                       utilize the QCC with Stock Order
                                                    places specified in Item IV below. The                      component of a qualified contingent                    functionality. All other symbols that
                                                    Exchange has prepared summaries, set                        trade entered as a QCC with Stock Order                migrate after that date, if any, would be
                                                    forth in sections A, B, and C below, of                     remain responsible for the execution of                able to utilize the QCC with Stock Order
                                                    the most significant aspects of such                        the stock component if they do not                     functionality as they migrate. The QCC
                                                    statements.                                                 receive an execution from their                        with Stock Order functionality will
                                                                                                                designated broker-dealer. Although QCC                 continue to be available on the legacy
                                                    A. Self-Regulatory Organization’s                                                                                  ISE system until the symbols migrate to
                                                                                                                Orders are eligible for automatic
                                                    Statement of the Purpose of, and                                                                                   INET.
                                                                                                                execution, it is possible that the QCC
                                                    Statutory Basis for, the Proposed Rule
                                                                                                                Order may not be executable based on                   2. Statutory Basis
                                                    Change
                                                                                                                market prices at the time the order is
                                                    1. Purpose                                                  entered. If the QCC Order is not capable                  The Exchange believes that the
                                                                                                                of being executed, the entire QCC with                 proposed rule change is consistent with
                                                       The purpose of the proposed rule                                                                                Section 6(b) of the Act,7 in general, and
                                                    change is to delay the implementation                       Stock Order, including both the stock
                                                                                                                and options components, is cancelled.                  furthers the objectives of Section 6(b)(5)
                                                    of QCC with Stock Order functionality                                                                              of the Act,8 in particular, in that it is
                                                    offered to members on a voluntary basis.                       QCC with Stock Order functionality
                                                                                                                will not initially be available on INET                designed to promote just and equitable
                                                    QCC with Stock Orders will be                                                                                      principles of trade, to remove
                                                    temporarily unavailable in symbols that                     for symbols that have been migrated to
                                                                                                                that platform. In conjunction with the                 impediments to and perfect the
                                                    have migrated to the INET architecture                                                                             mechanism of a free and open market
                                                    as this functionality will be introduced                    upcoming migration to INET, the
                                                                                                                Exchange proposes to temporarily                       and a national market system, and, in
                                                    later in the launch of the INET trading                                                                            general to protect investors and the
                                                    system. The QCC with Stock Order is a                       suspend the availability of QCC with
                                                                                                                Stock Order functionality provided                     public interest. Specifically, the
                                                    piece of functionality that facilitates the                                                                        Exchange believes that the proposed
                                                    execution of the stock component of                         under Rule 721(c) and the
                                                                                                                Supplementary Material to Rule 721                     rule change is consistent with the
                                                    qualified contingent trades in                                                                                     protection of investors and the public
                                                    connection with the execution of a                          until a date to be announced by the
                                                                                                                Exchange via an Options Trader Alert,                  interest because QCC with Stock Order
                                                    Qualified Contingent Cross (‘‘QCC’’)                                                                               functionality is currently offered to
                                                    Order on the Exchange. Specifically, a                      which date shall occur prior to August
                                                                                                                                                                       members on a voluntary basis to assist
                                                    QCC with Stock Order is defined as a                        1, 2017. QCC with Stock Orders in
                                                                                                                                                                       in their execution of qualified
                                                    QCC Order 3 entered with a stock                            symbols that have migrated to INET will
                                                                                                                                                                       contingent trades. Furthermore,
                                                    component to be communicated to a                           be rejected until such time as that
                                                                                                                                                                       members that execute the options
                                                    designated broker-dealer for execution                      functionality is introduced on INET.
                                                                                                                                                                       component of a Qualified Contingent
                                                    pursuant to Rule 721(c).4                                   Specifically, the Exchange has filed and
                                                                                                                                                                       Trade entered as a QCC with Stock
                                                       Rule 721(c) and the Supplementary                        received approval for a proposed rule
                                                                                                                                                                       Order remain responsible for the
                                                    Material thereto describe how the stock                     change to begin the system migration to
                                                                                                                                                                       execution of the stock component if
                                                    component of QCC with Stock Orders                          INET in Q2 of 2017.5 The migration to
                                                                                                                                                                       they do not receive an execution from
                                                    are executed. Since QCC Orders                              INET will be on a symbol-by-symbol                     their designated broker-dealer. There is
                                                    represent one component of a qualified                      basis as will be communicated by the                   no requirement that members utilize
                                                    contingent trade, each QCC Order must                       Exchange in a notice to Members.6 The                  QCC with Stock functionality, and
                                                    be paired with a stock transaction.                         Exchange proposes to implement QCC                     members will continue to be able to
                                                    When a member enters a QCC Order, the                       with Stock Order functionality on the                  enter regular QCC Orders where the
                                                    member is responsible for executing the                     INET platform during the INET symbol                   exchange does not assist with the
                                                    associated stock component of the                           migration. Once QCC with Stock Order                   execution of the stock component of the
                                                    qualified contingent trade within a                         functionality is launched on INET,                     trade and the members do so
                                                    reasonable period of time after the QCC                     members may utilize this functionality                 themselves. Specifically, Members
                                                    Order is executed. QCC with Stock                           for symbols as they migrate to INET.                   would remain able to execute QCC
                                                    Order functionality is a voluntary piece                    The Exchange will announce a date, via                 Orders on the INET platform prior to
                                                    of functionality that provides members                      an Options Trader Alert, when the                      QCC with Stock functionality being
                                                    with an automated means of executing                        functionality will be available. At that               turned back on, provided that the
                                                    the stock component of a qualified                            5 See Securities Exchange Act Release No. 80432
                                                                                                                                                                       member would be responsible for
                                                    contingent trade. Specifically, when a                      (April 11, 2017), 82 FR 18191 (April 17, 2017) (SR–    executing the associated stock
                                                    member enters a QCC with Stock Order,                       ISE–2017–03) (Order Approving Proposed Rule            component of the qualified contingent
                                                    a QCC Order is entered on the                               Change, as Modified by Amendment No. 1, to             trade within a reasonable period of time
                                                    Exchange. That QCC Order is                                 Amend Various Rules in Connection with a System        after the QCC Order is executed.
                                                                                                                Migration to Nasdaq INET Technology).
                                                    automatically executed upon entry                             6 The Exchange will issue an Options Trader
                                                                                                                                                                       Furthermore, the Exchange will
                                                    provided that the conditions of Rule                        Alert prior to the migration and will specify the      continue to offer the QCC with Stock
                                                    721(b) are met. If the QCC Order is                         dates that symbols will migrate to the INET            Order functionality on the legacy ISE
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    executed, the Exchange will                                 platform. The Exchange is staging the re-platform to   system until such time as each symbol
                                                                                                                provide maximum benefit to its Members while also
                                                    automatically communicate the stock                         ensuring a successful rollout. INET is the
                                                                                                                                                                       migrates to INET. The Exchange intends
                                                                                                                proprietary core technology utilized across            to introduce QCC with Stock Order
                                                       3 A QCC Order is comprised of an originating
                                                                                                                Nasdaq’s global markets and utilized on The            functionality on INET during the
                                                    order to buy or sell at least 1000 contracts that is        NASDAQ Options Market LLC (‘‘NOM’’), NASDAQ            symbol migration, and prior to the
                                                    identified as being part of a qualified contingent          PHLX LLC (‘‘Phlx’’) and NASDAQ BX, Inc. (‘‘BX’’)
                                                    trade, coupled with a contra-side order or orders           (collectively, ‘‘Nasdaq Exchanges’’). The migration
                                                                                                                                                                       rollout of the majority of symbols on
                                                    totaling an equal number of contracts. See Rule             of ISE to the Nasdaq INET architecture would result
                                                    715(j).                                                     in higher performance, scalability, and more robust     7 15   U.S.C. 78f(b).
                                                       4 See Rule 715(t).                                       architecture.                                           8 15   U.S.C. 78f(b)(5).



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                                                    23934                          Federal Register / Vol. 82, No. 99 / Wednesday, May 24, 2017 / Notices

                                                    INET. Based on the Exchange’s                                In its filing, ISE requested that the               Paper Comments
                                                    anticipated symbol rollout, the affected                  Commission waive the 30-day operative
                                                    symbols will not include symbols where                    delay in order to enable the Exchange to                 • Send paper comments in triplicate
                                                    members typically enter a significant                     launch the new INET system on the                      to Secretary, Securities and Exchange
                                                    volume of QCC with Stock Orders.9 The                     schedule previously announced to                       Commission, 100 F Street NE.,
                                                    Exchange also notes that it has issued an                 members. The Commission believes that                  Washington, DC 20549–1090.
                                                    Options trader Alert providing Members                    such waiver is consistent with the                     All submissions should refer to File
                                                    notice of its proposal to delay the QCC                   protection of investors and the public
                                                                                                                                                                     Number SR–ISE–2017–44. This file
                                                    with Stock Order functionality during                     interest. The Exchange represented that
                                                                                                                                                                     number should be included on the
                                                    the initial launch of the INET                            delaying the launch of the INET system
                                                                                                              could harm members that have relied                    subject line if email is used. To help the
                                                    technology until such time as the
                                                                                                              upon the schedule previously                           Commission process and review your
                                                    Exchange announces the availability of
                                                    the QCC with Stock Order                                  announced by ISE. Moreover, ISE                        comments more efficiently, please use
                                                    functionality.10 The Exchange intends                     explained that waiving the 30-day                      only one method. The Commission will
                                                    to make clear the implementation                          operative delay would have limited                     post all comments on the Commission’s
                                                    timeline of this functionality within its                 consequences; members received notice                  Internet Web site (http://www.sec.gov/
                                                    rulebook.                                                 of the proposed change on April 28,                    rules/sro.shtml). Copies of the
                                                                                                              2017, and the Exchange will migrate                    submission, all subsequent
                                                    B. Self-Regulatory Organization’s                         symbols that have a higher volume of                   amendments, all written statements
                                                    Statement on Burden on Competition                        QCC with Stock Orders later in its INET                with respect to the proposed rule
                                                      The Exchange does not believe that                      rollout in order to reduce the impact on               change that are filed with the
                                                    the proposed rule change will impose                      its members. For these reasons, the                    Commission, and all written
                                                    any burden on competition not                             Commission believes that proposed rule                 communications relating to the
                                                    necessary or appropriate in furtherance                   change will provide clarity to ISE                     proposed rule change between the
                                                    of the purposes of the Act. No market                     members regarding the availability QCC                 Commission and any person, other than
                                                    participant would be able to submit a                     with Stock Order functionality on the                  those that may be withheld from the
                                                    QCC with Stock Order on INET until                        Exchange and designates the proposed                   public in accordance with the
                                                    such time as the Exchange turns back on                   rule change to be operative upon                       provisions of 5 U.S.C. 552, will be
                                                    the functionality with notice to                          filing.13
                                                                                                                 At any time within 60 days of the                   available for Web site viewing and
                                                    members. The Exchange believes that                                                                              printing in the Commission’s Public
                                                    notwithstanding the delay of this                         filing of the proposed rule change, the
                                                                                                              Commission summarily may                               Reference Room, 100 F Street NE.,
                                                    functionality, ISE will continue to
                                                                                                              temporarily suspend such rule change if                Washington, DC 20549, on official
                                                    remain a competitive with other options
                                                    markets. Moreover, Members will still                     it appears to the Commission that such                 business days between the hours of
                                                    be able to execute QCC Orders on the                      action is: (i) Necessary or appropriate in             10:00 a.m. and 3:00 p.m. Copies of the
                                                    Exchange using other means to ensure                      the public interest; (ii) for the protection           filing also will be available for
                                                    the execution of the stock component of                   of investors; or (iii) otherwise in                    inspection and copying at the principal
                                                    those qualified contingent trades.                        furtherance of the purposes of the Act.                office of the Exchange. All comments
                                                                                                              If the Commission takes such action, the               received will be posted without change;
                                                    C. Self-Regulatory Organization’s                         Commission shall institute proceedings                 the Commission does not edit personal
                                                    Statement on Comments on the                              to determine whether the proposed rule                 identifying information from
                                                    Proposed Rule Change Received From                        should be approved or disapproved.                     submissions. You should submit only
                                                    Members, Participants, or Others                                                                                 information that you wish to make
                                                                                                              IV. Solicitation of Comments
                                                      No written comments were either                                                                                available publicly. All submissions
                                                    solicited or received.                                      Interested persons are invited to                    should refer to File Number SR–ISE–
                                                                                                              submit written data, views and                         2017–44 and should be submitted on or
                                                    III. Date of Effectiveness of the                         arguments concerning the foregoing,
                                                    Proposed Rule Change and Timing for                                                                              before June 14, 2017.
                                                                                                              including whether the proposed rule
                                                    Commission Action                                         change is consistent with the Act.                       For the Commission, by the Division of
                                                       Because the foregoing proposed rule                    Comments may be submitted by any of                    Trading and Markets, pursuant to delegated
                                                    change does not: (i) Significantly affect                 the following methods:                                 authority.14
                                                    the protection of investors or the public                                                                        Eduardo A. Aleman,
                                                                                                              Electronic Comments
                                                    interest; (ii) impose any significant                                                                            Assistant Secretary.
                                                    burden on competition; and (iii) become                     • Use the Commission’s Internet
                                                                                                                                                                     [FR Doc. 2017–10586 Filed 5–23–17; 8:45 am]
                                                    operative for 30 days from the date on                    comment form (http://www.sec.gov/
                                                                                                                                                                     BILLING CODE 8011–01–P
                                                    which it was filed, or such shorter time                  rules/sro.shtml); or
                                                    as the Commission may designate, it has                     • Send an email to rule-comments@
                                                    become effective pursuant to Section                      sec.gov. Please include File Number SR–
                                                    19(b)(3)(A)(iii) of the Act 11 and                        ISE–2017–44 on the subject line.
                                                    subparagraph (f)(6) of Rule 19b–4
                                                                                                              the Commission written notice of its intent to file
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                                                    thereunder.12
                                                                                                              the proposed rule change at least five business days
                                                                                                              prior to the date of filing of the proposed rule
                                                      9 Of the 3,172 symbols listed on ISE, the
                                                                                                              change, or such shorter time as designated by the
                                                    Exchange anticipates rolling out approximately 151        Commission. The Exchange has satisfied this
                                                    symbols prior to introducing QCC with Stock Order         requirement.
                                                    functionality on INET.                                       13 For purposes only of waiving the 30-day
                                                      10 See Options Trader Alert #2017–32.
                                                                                                              operative delay, the Commission has also
                                                      11 15 U.S.C. 78s(b)(3)(A)(iii).
                                                                                                              considered the proposed rule’s impact on
                                                      12 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–       efficiency, competition, and capital formation. See
                                                    4(f)(6) requires a self-regulatory organization to give   15 U.S.C. 78c(f).                                        14 17   CFR 200.30–3(a)(12) and (59).



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Document Created: 2017-05-24 01:03:05
Document Modified: 2017-05-24 01:03:05
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 23932 

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