82 FR 24751 - Self-Regulatory Organizations; Nasdaq GEMX, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Regarding the Opening Process
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 82, Issue 102 (May 30, 2017)
Federal Register Volume 82, Issue 102 (May 30, 2017)
| Page Range | 24751-24752 | |
| FR Document | 2017-10975 |
[Federal Register Volume 82, Number 102 (Tuesday, May 30, 2017)] [Notices] [Pages 24751-24752] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-10975] ======================================================================= ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-80747; File No. SR-GEMX-2017-10] Self-Regulatory Organizations; Nasdaq GEMX, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Regarding the Opening Process May 23, 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 10, 2017, Nasdaq GEMX, LLC (``GEMX'' or ``Exchange'') filed with the Securities and Exchange Commission (``Commission'') the proposed rule change as described in Items I, II, and III, below, which Items have been prepared by the Exchange. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. --------------------------------------------------------------------------- \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 amend the Opening Process for foreign currency options and also amend a reference to All-or-None Orders. The text of the proposed rule change is available on the Exchange's Web site at www.ise.com, at the principal office of the Exchange, and at the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The purpose of this rule change is to amend GEMX Rule 701, entitled ``Opening,'' to: (i) Conform certain rule text to that of Nasdaq ISE, LLC; (ii) amend the Opening Process for foreign currency options; and (iii) remove a specific rule text reference in Rule 701 related to All- or-None Orders. Conform Rule Text ISE recently filed to adopt a new Opening Process.\3\ In adopting this rule, certain non-substantive modifications were made to the rule text to further clarify the manner in which the Opening Process occurs. At this time, the Exchange proposes to amend GEMX Rule 701 to conform the text of the rule to ISE Rule 701. Specifically, the Exchange proposes to amend Rule 701(j)(5) to amend the last sentence to make clear that any unexecuted contracts from the imbalance process which are not traded or routed will be cancelled back to the entering participant if they remain unexecuted and priced through the Opening Price, otherwise orders will remain in the Order Book. The additional language adds more detail about the interaction with the Order Book to the rule. --------------------------------------------------------------------------- \3\ See Securities Exchange Act Release No. 80225 (March 13, 2017), 82 FR 14243 (March 17, 2017) (SR-ISE-2017-02). --------------------------------------------------------------------------- Foreign Currency Options GEMX Rule 701 provides that Market Maker Valid Width Quotes and Opening Sweeps received starting at 9:25 a.m. Eastern Time, or 7:25 a.m. Eastern Time for U.S. dollar-settled foreign currency options, will be included in the Opening Process. Orders entered at any time before an option series opens are included in the Opening Process. The current Opening Process rule states that the submission of Valid Width Quotes and Opening Sweeps for U.S. dollar-settled foreign currency options may begin at 7:25 a.m. Eastern Time to tie the option Opening Process to quoting in the underlying security \4\; it presumes that option quotes submitted before any indicative quotes have been disseminated for the underlying security may not be reliable or intentional. The Exchange proposes to amend GEMX Rule 701 so that the Opening Process for foreign currency options would initiate on or after 9:30 a.m. Eastern Time and the Market Maker Valid Width Quotes and Opening Sweeps would be considered for the Opening Process starting at 9:25 a.m. Eastern Time for foreign currency options. --------------------------------------------------------------------------- \4\ The underlying security can also be an index. --------------------------------------------------------------------------- All-or-None Orders The Exchange also proposes to amend Rule 701 to remove a specific reference to the manner in which All-or-None Orders are treated in the Opening Process. The Exchange filed a proposed rule change to amend All-or-None Orders.\5\ The Exchange amended Rule 715(c) to provide that an All-or-None Order may only be entered into the System with a time- in-force designation of Immediate-or-Cancel \6\ Order in connection with the Exchange's technology migration to INET. Previously, All-or- None Orders could trade as a limit or market order to be executed in its entirety or not at all. With the amendment, an All-or-None Order does not persist in the Order Book. The carve out specified in Rule 701(j)(6)(i) is unnecessary since an All-or-None Order will execute immediately or cancel. The Exchange believes removing this reference will eliminate confusion. --------------------------------------------------------------------------- \5\ See Securities Exchange Act Release No. 80102 (February 24, 2017, 82 FR 12381 (March 2, 2017) (SR-ISEGemini-2017-08) (Notice of Filing and Immediate Effectiveness of Proposed Rule Change Related to All-or-None Orders). \6\ An Immediate-or-Cancel Order is a limit order that is to be executed in whole or in part upon receipt. Any portion not so executed is to be treated as cancelled. --------------------------------------------------------------------------- 2. Statutory Basis The Exchange believes that its proposal 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 for the reasons stated below. --------------------------------------------------------------------------- \7\ 15 U.S.C. 78f(b). \8\ 15 U.S.C. 78f(b)(5). --------------------------------------------------------------------------- Conform Rule Text The Exchange believes that conforming the GEMX rule to the ISE rule will avoid confusion for market participants. The Opening Process is the same on these two markets. By conforming the rule text of these two rules will make clear that there is no difference in the operation of these two Opening Processes. [[Page 24752]] Foreign Currency Options The Exchange believes that the proposed rule change is consistent with the Act in that it will remove impediments to and perfect the mechanism of a free and open market and a national market system, to initiate the Opening Process for foreign currency options at 9:30 a.m. Eastern Time and accept for the Opening Process the Market Maker Valid Width Quotes and Opening Sweeps starting at 9:25 a.m. Eastern Time for foreign currency options, similar to the manner in which other options trade today. Today, on NASDAQ PHLX, LLC (``Phlx''), foreign currency options trade similar to other options.\9\ The Exchange believes that conforming the Opening Process for foreign currency options to that of other options will conform the trading rules so all products would initiate the Opening Process at the same time. The Exchange believes trading all options on the same Opening Process schedule promotes just and equitable principles of trade because all options will continue to be available to participants for trading on GEMX. --------------------------------------------------------------------------- \9\ See Phlx Rules 1014 and 1017. On Phlx, the Specialist assigned in a particular U.S. dollar-settled FCO must enter a Valid Width Quote not later than 30 seconds after the announced market opening. Also, on Phlx, the Opening Process for an option series will be conducted within two minutes of market opening in the case of U.S. dollar-settled FCO or such shorter time as determined by the Exchange and disseminated to membership on the Exchange's Web site. --------------------------------------------------------------------------- All-or-None Orders The Exchange believes that it is consistent with the Act to remove an unnecessary and confusing reference to Rule 701 in connection with All-or-None Orders, since these orders immediately trade or cancel. The Exchange originally distinguished the manner in which All-or-None Orders would trade in the Opening Process because this order type traded differently at that time as compared to other order types. That distinction has become unnecessary because All-or-None Orders trade the same as other Immediate or Cancel Orders. By updating the rule to remove an unnecessary distinction will protect investors and the public interest by clarifying the rule. 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 believes that adding additional detail to Rule 701 will provide market participants with more information concerning the Opening Process. The proposal does not change the intense competition that exists among the options markets for options business including with respect to transacting foreign currency options. In addition, all market participants submitting All-or-None Orders in the Opening Process will receive similar treatment with respect to those orders. 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 \10\ and subparagraph (f)(6) of Rule 19b-4 thereunder.\11\ --------------------------------------------------------------------------- \10\ 15 U.S.C. 78s(b)(3)(A)(iii). \11\ 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-GEMX-2017-10 on the subject line. Paper Comments Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-GEMX-2017-10. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street NE., Washington, DC 20549, on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-GEMX-2017-10 and should be submitted on or before June 20, 2017. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\12\ --------------------------------------------------------------------------- \12\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Eduardo A. Aleman, Assistant Secretary. [FR Doc. 2017-10975 Filed 5-26-17; 8:45 am] BILLING CODE 8011-01-P
![Federal Register / Vol. 82, No. 102 / Tuesday, May 30, 2017 / Notices 24751
NRC so that their board certified Exchange has prepared summaries, set Rule 701 so that the Opening Process for
individuals can use the certifications as forth in sections A, B, and C below, of foreign currency options would initiate
proof of training and experience. the most significant aspects of such on or after 9:30 a.m. Eastern Time and
Dated at Rockville, Maryland, this 23rd day statements. the Market Maker Valid Width Quotes
of May 2017. and Opening Sweeps would be
A. Self-Regulatory Organization’s
For the Nuclear Regulatory Commission. considered for the Opening Process
Statement of the Purpose of, and
starting at 9:25 a.m. Eastern Time for
David Cullison, Statutory Basis for, the Proposed Rule
foreign currency options.
NRC Clearance Officer, Office of the Chief Change
Information Officer. All-or-None Orders
1. Purpose
[FR Doc. 2017–10967 Filed 5–26–17; 8:45 am] The Exchange also proposes to amend
The purpose of this rule change is to
BILLING CODE 7590–01–P Rule 701 to remove a specific reference
amend GEMX Rule 701, entitled
to the manner in which All-or-None
‘‘Opening,’’ to: (i) Conform certain rule
Orders are treated in the Opening
text to that of Nasdaq ISE, LLC; (ii)
SECURITIES AND EXCHANGE Process. The Exchange filed a proposed
amend the Opening Process for foreign
COMMISSION rule change to amend All-or-None
currency options; and (iii) remove a
Orders.5 The Exchange amended Rule
[Release No. 34–80747; File No. SR–GEMX– specific rule text reference in Rule 701
2017–10] 715(c) to provide that an All-or-None
related to All-or-None Orders.
Order may only be entered into the
Self-Regulatory Organizations; Nasdaq Conform Rule Text System with a time-in-force designation
GEMX, LLC; Notice of Filing and ISE recently filed to adopt a new of Immediate-or-Cancel 6 Order in
Immediate Effectiveness of Proposed Opening Process.3 In adopting this rule, connection with the Exchange’s
Rule Change Regarding the Opening certain non-substantive modifications technology migration to INET.
Process were made to the rule text to further Previously, All-or-None Orders could
clarify the manner in which the trade as a limit or market order to be
May 23, 2017. executed in its entirety or not at all.
Opening Process occurs. At this time,
Pursuant to Section 19(b)(1) of the the Exchange proposes to amend GEMX With the amendment, an All-or-None
Securities Exchange Act of 1934 Rule 701 to conform the text of the rule Order does not persist in the Order
(‘‘Act’’),1 and Rule 19b–4 thereunder,2 to ISE Rule 701. Specifically, the Book. The carve out specified in Rule
notice is hereby given that on May 10, Exchange proposes to amend Rule 701(j)(6)(i) is unnecessary since an All-
2017, Nasdaq GEMX, LLC (‘‘GEMX’’ or 701(j)(5) to amend the last sentence to or-None Order will execute immediately
‘‘Exchange’’) filed with the Securities make clear that any unexecuted or cancel. The Exchange believes
and Exchange Commission contracts from the imbalance process removing this reference will eliminate
(‘‘Commission’’) the proposed rule which are not traded or routed will be confusion.
change as described in Items I, II, and cancelled back to the entering 2. Statutory Basis
III, below, which Items have been participant if they remain unexecuted
prepared by the Exchange. The The Exchange believes that its
and priced through the Opening Price, proposal is consistent with Section 6(b)
Commission is publishing this notice to otherwise orders will remain in the
solicit comments on the proposed rule of the Act,7 in general, and furthers the
Order Book. The additional language objectives of Section 6(b)(5) of the Act,8
change from interested persons. adds more detail about the interaction in particular, in that it is designed to
I. Self-Regulatory Organization’s with the Order Book to the rule. promote just and equitable principles of
Statement of the Terms of Substance of Foreign Currency Options trade, to remove impediments to and
the Proposed Rule Change perfect the mechanism of a free and
GEMX Rule 701 provides that Market
The Exchange proposes to amend the open market and a national market
Maker Valid Width Quotes and Opening
Opening Process for foreign currency system, and, in general to protect
Sweeps received starting at 9:25 a.m.
options and also amend a reference to investors and the public interest for the
Eastern Time, or 7:25 a.m. Eastern Time reasons stated below.
All-or-None Orders. for U.S. dollar-settled foreign currency
The text of the proposed rule change options, will be included in the Conform Rule Text
is available on the Exchange’s Web site Opening Process. Orders entered at any The Exchange believes that
at www.ise.com, at the principal office time before an option series opens are conforming the GEMX rule to the ISE
of the Exchange, and at the included in the Opening Process. The rule will avoid confusion for market
Commission’s Public Reference Room. current Opening Process rule states that participants. The Opening Process is the
II. Self-Regulatory Organization’s the submission of Valid Width Quotes same on these two markets. By
Statement of the Purpose of, and and Opening Sweeps for U.S. dollar- conforming the rule text of these two
Statutory Basis for, the Proposed Rule settled foreign currency options may rules will make clear that there is no
Change begin at 7:25 a.m. Eastern Time to tie difference in the operation of these two
the option Opening Process to quoting Opening Processes.
In its filing with the Commission, the in the underlying security 4; it presumes
Exchange included statements that option quotes submitted before any 5 See Securities Exchange Act Release No. 80102
concerning the purpose of and basis for indicative quotes have been (February 24, 2017, 82 FR 12381 (March 2, 2017)
sradovich on DSK3GMQ082PROD with NOTICES
the proposed rule change and discussed disseminated for the underlying security (SR–ISEGemini–2017–08) (Notice of Filing and
any comments it received on the may not be reliable or intentional. The
Immediate Effectiveness of Proposed Rule Change
proposed rule change. The text of these Related to All-or-None Orders).
Exchange proposes to amend GEMX 6 An Immediate-or-Cancel Order is a limit order
statements may be examined at the that is to be executed in whole or in part upon
places specified in Item IV below. The 3 See Securities Exchange Act Release No. 80225 receipt. Any portion not so executed is to be treated
(March 13, 2017), 82 FR 14243 (March 17, 2017) as cancelled.
1 15 U.S.C. 78s(b)(1). (SR–ISE–2017–02). 7 15 U.S.C. 78f(b).
2 17 CFR 240.19b–4. 4 The underlying security can also be an index. 8 15 U.S.C. 78f(b)(5).
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![24752 Federal Register / Vol. 82, No. 102 / Tuesday, May 30, 2017 / Notices
Foreign Currency Options additional detail to Rule 701 will Electronic Comments
The Exchange believes that the provide market participants with more
information concerning the Opening • Use the Commission’s Internet
proposed rule change is consistent with comment form (http://www.sec.gov/
the Act in that it will remove Process. The proposal does not change
the intense competition that exists rules/sro.shtml); or
impediments to and perfect the
mechanism of a free and open market among the options markets for options • Send an email to rule-comments@
and a national market system, to initiate business including with respect to sec.gov. Please include File Number SR–
the Opening Process for foreign transacting foreign currency options. In GEMX–2017–10 on the subject line.
currency options at 9:30 a.m. Eastern addition, all market participants
Paper Comments
Time and accept for the Opening submitting All-or-None Orders in the
Process the Market Maker Valid Width Opening Process will receive similar • Send paper comments in triplicate
Quotes and Opening Sweeps starting at treatment with respect to those orders. to Secretary, Securities and Exchange
9:25 a.m. Eastern Time for foreign Commission, 100 F Street NE.,
currency options, similar to the manner C. Self-Regulatory Organization’s
Statement on Comments on the Washington, DC 20549–1090.
in which other options trade today.
Today, on NASDAQ PHLX, LLC Proposed Rule Change Received From All submissions should refer to File
(‘‘Phlx’’), foreign currency options trade Members, Participants, or Others Number SR–GEMX–2017–10. This file
similar to other options.9 The Exchange No written comments were either number should be included on the
believes that conforming the Opening solicited or received. subject line if email is used. To help the
Process for foreign currency options to Commission process and review your
that of other options will conform the III. Date of Effectiveness of the comments more efficiently, please use
trading rules so all products would Proposed Rule Change and Timing for only one method. The Commission will
initiate the Opening Process at the same Commission Action post all comments on the Commission’s
time. The Exchange believes trading all Internet Web site (http://www.sec.gov/
options on the same Opening Process Because the foregoing proposed rule
change does not: (i) Significantly affect rules/sro.shtml). Copies of the
schedule promotes just and equitable submission, all subsequent
principles of trade because all options the protection of investors or the public
interest; (ii) impose any significant amendments, all written statements
will continue to be available to
burden on competition; and (iii) become with respect to the proposed rule
participants for trading on GEMX.
operative for 30 days from the date on change that are filed with the
All-or-None Orders which it was filed, or such shorter time Commission, and all written
The Exchange believes that it is as the Commission may designate, it has communications relating to the
consistent with the Act to remove an become effective pursuant to Section proposed rule change between the
unnecessary and confusing reference to 19(b)(3)(A)(iii) of the Act 10 and Commission and any person, other than
Rule 701 in connection with All-or- subparagraph (f)(6) of Rule 19b–4 those that may be withheld from the
None Orders, since these orders thereunder.11 public in accordance with the
immediately trade or cancel. The provisions of 5 U.S.C. 552, will be
Exchange originally distinguished the At any time within 60 days of the available for Web site viewing and
manner in which All-or-None Orders filing of the proposed rule change, the printing in the Commission’s Public
would trade in the Opening Process Commission summarily may Reference Room, 100 F Street NE.,
because this order type traded temporarily suspend such rule change if
Washington, DC 20549, on official
differently at that time as compared to it appears to the Commission that such
business days between the hours of
other order types. That distinction has action is: (i) Necessary or appropriate in
10:00 a.m. and 3:00 p.m. Copies of the
become unnecessary because All-or- the public interest; (ii) for the protection
filing also will be available for
None Orders trade the same as other of investors; or (iii) otherwise in
inspection and copying at the principal
Immediate or Cancel Orders. By furtherance of the purposes of the Act.
office of the Exchange. All comments
updating the rule to remove an If the Commission takes such action, the
received will be posted without change;
unnecessary distinction will protect Commission shall institute proceedings
the Commission does not edit personal
investors and the public interest by to determine whether the proposed rule
identifying information from
clarifying the rule. should be approved or disapproved.
submissions. You should submit only
B. Self-Regulatory Organization’s IV. Solicitation of Comments information that you wish to make
Statement on Burden on Competition available publicly. All submissions
Interested persons are invited to should refer to File Number SR–GEMX–
The Exchange does not believe that submit written data, views, and
the proposed rule change will impose 2017–10 and should be submitted on or
arguments concerning the foregoing, before June 20, 2017.
any burden on competition not
including whether the proposed rule
necessary or appropriate in furtherance For the Commission, by the Division of
change is consistent with the Act.
of the purposes of the Act. The Trading and Markets, pursuant to delegated
Comments may be submitted by any of
Exchange believes that adding authority.12
the following methods:
Eduardo A. Aleman,
9 See Phlx Rules 1014 and 1017. On Phlx, the
sradovich on DSK3GMQ082PROD with NOTICES
Specialist assigned in a particular U.S. dollar- 10 15 U.S.C. 78s(b)(3)(A)(iii). Assistant Secretary.
settled FCO must enter a Valid Width Quote not 11 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– [FR Doc. 2017–10975 Filed 5–26–17; 8:45 am]
later than 30 seconds after the announced market 4(f)(6) requires a self-regulatory organization to give
BILLING CODE 8011–01–P
opening. Also, on Phlx, the Opening Process for an the Commission written notice of its intent to file
option series will be conducted within two minutes the proposed rule change at least five business days
of market opening in the case of U.S. dollar-settled prior to the date of filing of the proposed rule
FCO or such shorter time as determined by the change, or such shorter time as designated by the
Exchange and disseminated to membership on the Commission. The Exchange has satisfied this
Exchange’s Web site. requirement. 12 17 CFR 200.30–3(a)(12).
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Document Created: 2018-11-08 08:55:15
Document Modified: 2018-11-08 08:55:15
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| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
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| FR Citation | 82 FR 24751 |
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