82_FR_24863 82 FR 24761 - Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Regarding the Opening Process

82 FR 24761 - Self-Regulatory Organizations; Nasdaq ISE, 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)

Page Range24761-24763
FR Document2017-10984

Federal Register, Volume 82 Issue 102 (Tuesday, May 30, 2017)
[Federal Register Volume 82, Number 102 (Tuesday, May 30, 2017)]
[Notices]
[Pages 24761-24763]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-10984]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80751; File No. SR-ISE-2017-41]


Self-Regulatory Organizations; Nasdaq ISE, 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 ISE, LLC (``ISE'' or ``Exchange'') filed with 
the Securities and Exchange Commission (``Commission'') the proposed 
rule change as described in Items I and II below, which Items have been 
prepared by the Exchange. The Commission is publishing this notice to 
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend the trading hours and Opening 
Process of Foreign Currency Index 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: (i) The trading hours, 
including during the Opening Process, of Foreign Currency Index 
options; and (ii) a specific rule text reference in Rule 701 related to 
All-or-None Orders.

Foreign Currency Options

    ISE Rule 2008, ``Trading Sessions,'' among other things, governs 
transactions in Foreign Currency Index options. The rule provides that 
such product may be effected on the Exchange between the hours of 7:30 
a.m. Eastern Time and 4:15 p.m. Eastern Time. ISE Rule 2210, ``Trading 
Sessions,'' notes that ``[e]xcept as otherwise provided in this Rule 
[2210] or under unusual conditions as may be determined by an Exchange 
official or his designee, transactions in foreign currency options may 
be effected on the Exchange between the hours of 7:30 a.m. and 4:15 
p.m. Eastern time, except on the last day of trading during expiration 
week, in which case trading shall cease at 12.00 p.m. Eastern time.''
    At this time, the Exchange proposes to amend ISE Rules 2008 and 
2010 so that Foreign Currency Index options will start trading at 9:30 
AM Eastern Time instead of 7:30 a.m. Eastern Time. The purpose of this 
rule change is to conform the start time for the trading of Foreign 
Currency Options to that of other products.
    Likewise, ISE Rule 701, ``Opening,'' which was recently 
approved,\3\ provides that Market Maker Valid Width Quotes and Opening 
Sweeps received starting at 9:25 a.m. Eastern Time, or 7:25 a.m.

[[Page 24762]]

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 ISE 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.
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    \3\ See Securities Exchange Act Release No. 80225; (March 13, 
2017), 82 FR 14243 (March 17, 2017) (SR-ISE-2017-02) (Order 
Approving Proposed Rule Change, as Modified by Amendment No. 1, To 
Amend the Exchange Opening Process).
    \4\ The underlying security can also be an index.
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All-or-None Orders

    The Exchange also proposes to amend ISE Rule 701 to remove a 
specific reference to the manner in which All-or-None Orders will be 
treated in the Opening Process. The Exchange recently 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. 
At the time that SR-ISE-2017-02 was filed, All-or-None Orders were not 
restricted and could trade as a limit or market order to be executed in 
its entirety or not at all. With this amendment, an All-or-None Order 
would not persist in the Order Book and would therefore be treated the 
same as any other Immediate or Cancel Order. The carve out specified in 
Rule 701(j)(6)(i) is unnecessary since an All-or-None Order would be 
executed immediately or cancel similar to other orders which trade in 
the same manner. The Exchange believes removing this reference will 
eliminate confusion.
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    \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\ 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.
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Implementation

    Both SR-ISE-2017-02 and SR-ISE-2017-03 will be implemented in Q2 
2017 in connection with a system migration to INET. The migration will 
be on a symbol by symbol basis, and the Exchange will issue an alert to 
Members to provide notification of the symbols that will migrate and 
the relevant dates. The Exchange proposes these amendments to be 
operative on the same dates as symbols migrate to INET.
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.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
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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 Market Maker Valid Width Quotes and Opening 
Sweeps 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 
and trading hours for foreign currency options to that of other options 
will conform the trading rules so all products would trade during the 
same session. 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 ISE.
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    \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.
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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 will now immediately trade or 
cancel. The Exchange originally made clear the manner in which All-or-
None Orders would trade in the Opening Process because this order type 
trades differently 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 undue burden on competition not necessary or appropriate in 
furtherance of the purposes of the Act. 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\
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    \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.

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[[Page 24763]]

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the 
Act \12\ normally does not become operative for 30 days after the date 
of its filing. However, Rule 19b-4(f)(6)(iii) \13\ permits the 
Commission to designate a shorter time if such action is consistent 
with the protection of investors and the public interest. The Exchange 
has asked the Commission to waive the 30-day operative delay so that 
the proposal may become operative immediately upon filing. The 
Commission believes that waiving the 30-day operative delay is 
consistent with the protection of investors and the public interest as 
it will allow the Exchange to implement the proposed rule change in 
coordination with a symbol by symbol transition to the INET technology 
in the second quarter of 2017. Accordingly, the Commission hereby 
waives the operative delay and designates the proposal operative upon 
filing.\14\
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    \12\ 17 CFR 240.19b-4(f)(6).
    \13\ 17 CFR 240.19b-4(f)(6)(iii).
    \14\ 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-2017-41 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-2017-41. 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-2017-41 and should be 
submitted on or before June 20, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-10984 Filed 5-26-17; 8:45 am]
BILLING CODE 8011-01-P



                                                                               Federal Register / Vol. 82, No. 102 / Tuesday, May 30, 2017 / Notices                                                   24761

                                                through a change in values, net assets,                 and the rules and regulations                         II. Self-Regulatory Organization’s
                                                or other circumstances, more than 15%                   thereunder applicable to a national                   Statement of the Purpose of, and
                                                of the Fund’s net assets are held in                    securities exchange.                                  Statutory Basis for, the Proposed Rule
                                                illiquid assets.                                                                                              Change
                                                   (16) The Fund’s investments in                       IV. Conclusion
                                                                                                                                                                 In its filing with the Commission, the
                                                derivative instruments will be                                                                                Exchange included statements
                                                                                                          It is therefore ordered, pursuant to
                                                consistent with the Fund’s investment                                                                         concerning the purpose of and basis for
                                                                                                        Section 19(b)(2) of the Act,47 that the
                                                objectives and the 1940 Act and will not                                                                      the proposed rule change and discussed
                                                                                                        proposed rule change (SR–NASDAQ–
                                                be used to seek to achieve a multiple or                                                                      any comments it received on the
                                                                                                        2017–033), as modified by Amendments
                                                inverse multiple of the Fund’s broad-                                                                         proposed rule change. The text of these
                                                based securities market index (as                       No. 1 and 2, be, and it hereby is,
                                                                                                        approved.                                             statements may be examined at the
                                                defined in Form N–1A).                                                                                        places specified in Item IV below. The
                                                   (17) A minimum of 100,000 Shares                       For the Commission, by the Division of
                                                                                                                                                              Exchange has prepared summaries, set
                                                will be outstanding at the                              Trading and Markets, pursuant to delegated
                                                                                                                                                              forth in sections A, B, and C below, of
                                                commencement of trading on the                          authority.48
                                                                                                                                                              the most significant aspects of such
                                                Exchange.                                               Eduardo A. Aleman,                                    statements.
                                                   The Exchange represents that all
                                                                                                        Assistant Secretary.
                                                statements and representations made in                                                                        A. Self-Regulatory Organization’s
                                                                                                        [FR Doc. 2017–10973 Filed 5–26–17; 8:45 am]
                                                the filing regarding (a) the description of                                                                   Statement of the Purpose of, and
                                                the portfolio or reference assets, (b)                  BILLING CODE 8011–01–P                                Statutory Basis for, the Proposed Rule
                                                limitations on portfolio holdings or                                                                          Change
                                                reference assets, (c) dissemination and
                                                                                                        SECURITIES AND EXCHANGE                               1. Purpose
                                                availability of the reference asset or
                                                intraday indicative values, or (d) the                  COMMISSION                                               The purpose of this rule change is to
                                                applicability of Exchange listing rules                                                                       amend: (i) The trading hours, including
                                                shall constitute continued listing                      [Release No. 34–80751; File No. SR–ISE–               during the Opening Process, of Foreign
                                                requirements for listing the Shares on                  2017–41]                                              Currency Index options; and (ii) a
                                                the Exchange. In addition, the issuer has                                                                     specific rule text reference in Rule 701
                                                represented to the Exchange that it will                Self-Regulatory Organizations; Nasdaq                 related to All-or-None Orders.
                                                advise the Exchange of any failure by                   ISE, LLC; Notice of Filing and
                                                                                                                                                              Foreign Currency Options
                                                the Fund to comply with the continued                   Immediate Effectiveness of Proposed
                                                listing requirements, and, pursuant to                  Rule Change Regarding the Opening                        ISE Rule 2008, ‘‘Trading Sessions,’’
                                                its obligations under Section 19(g)(1) of               Process                                               among other things, governs
                                                the Act, the Exchange will monitor for                                                                        transactions in Foreign Currency Index
                                                compliance with the continued listing                   May 23, 2017.                                         options. The rule provides that such
                                                requirements.44 If the Fund is not in                      Pursuant to Section 19(b)(1) of the                product may be effected on the
                                                compliance with the applicable listing                  Securities Exchange Act of 1934                       Exchange between the hours of 7:30
                                                requirements, the Exchange will                         (‘‘Act’’),1 and Rule 19b–4 thereunder,2               a.m. Eastern Time and 4:15 p.m. Eastern
                                                commence delisting procedures under                     notice is hereby given that on May 10,                Time. ISE Rule 2210, ‘‘Trading
                                                the Nasdaq 5800 Series.                                 2017, Nasdaq ISE, LLC (‘‘ISE’’ or                     Sessions,’’ notes that ‘‘[e]xcept as
                                                   This order is based on all of the                    ‘‘Exchange’’) filed with the Securities               otherwise provided in this Rule [2210]
                                                Exchange’s representations, including                   and Exchange Commission                               or under unusual conditions as may be
                                                those set forth above and in                            (‘‘Commission’’) the proposed rule                    determined by an Exchange official or
                                                Amendments No. 1 and 2. The                             change as described in Items I and II                 his designee, transactions in foreign
                                                Commission notes that the Fund and the                  below, which Items have been prepared                 currency options may be effected on the
                                                Shares must comply with the                             by the Exchange. The Commission is                    Exchange between the hours of 7:30
                                                requirements of Nasdaq Rule 5735 for                                                                          a.m. and 4:15 p.m. Eastern time, except
                                                                                                        publishing this notice to solicit
                                                the Shares to be listed and traded on the                                                                     on the last day of trading during
                                                                                                        comments on the proposed rule change
                                                Exchange.                                                                                                     expiration week, in which case trading
                                                                                                        from interested persons.
                                                   For the foregoing reasons, the                                                                             shall cease at 12.00 p.m. Eastern time.’’
                                                Commission finds that the proposed                      I. Self-Regulatory Organization’s                        At this time, the Exchange proposes to
                                                rule change, as modified by                             Statement of the Terms of Substance of                amend ISE Rules 2008 and 2010 so that
                                                Amendments No. 1 and 2, is consistent                   the Proposed Rule Change                              Foreign Currency Index options will
                                                with Section 6(b)(5) of the Act 45 and                                                                        start trading at 9:30 AM Eastern Time
                                                Section 11A(a)(1)(C)(iii) of the Act 46                    The Exchange proposes to amend the                 instead of 7:30 a.m. Eastern Time. The
                                                                                                        trading hours and Opening Process of                  purpose of this rule change is to
                                                  44 The Commission notes that certain other            Foreign Currency Index options and                    conform the start time for the trading of
                                                proposals for the listing and trading of Managed        also amend a reference to All-or-None                 Foreign Currency Options to that of
                                                Fund Shares include a representation that the
                                                exchange will ‘‘surveil’’ for compliance with the
                                                                                                        Orders.                                               other products.
                                                continued listing requirements. See, e.g., Securities      The text of the proposed rule change                  Likewise, ISE Rule 701, ‘‘Opening,’’
                                                Exchange Act Release No. 77499 (April 1, 2016), 81
                                                                                                        is available on the Exchange’s Web site               which was recently approved,3 provides
                                                FR 20428 (April 7, 2016) (SR–BATS–2016–04). In                                                                that Market Maker Valid Width Quotes
sradovich on DSK3GMQ082PROD with NOTICES




                                                the context of this representation, it is the           at www.ise.com, at the principal office
                                                Commission’s view that ‘‘monitor’’ and ‘‘surveil’’      of the Exchange, and at the                           and Opening Sweeps received starting
                                                both mean ongoing oversight of a fund’s compliance      Commission’s Public Reference Room.                   at 9:25 a.m. Eastern Time, or 7:25 a.m.
                                                with the continued listing requirements. Therefore,
                                                the Commission does not view ‘‘monitor’’ as a more                                                              3 See Securities Exchange Act Release No. 80225;
                                                                                                          47 Id.
                                                or less stringent obligation than ‘‘surveil’’ with                                                            (March 13, 2017), 82 FR 14243 (March 17, 2017)
                                                respect to the continued listing requirements.            48 17 CFR 200.30–3(a)(12).                          (SR–ISE–2017–02) (Order Approving Proposed Rule
                                                  45 15 U.S.C. 78f(b)(5).                                 1 15 U.S.C. 78s(b)(1).                              Change, as Modified by Amendment No. 1, To
                                                  46 15 U.S.C. 78k–1(a)(1)(C)(iii).                       2 17 CFR 240.19b–4.                                 Amend the Exchange Opening Process).



                                           VerDate Sep<11>2014   19:59 May 26, 2017   Jkt 241001   PO 00000   Frm 00103   Fmt 4703   Sfmt 4703   E:\FR\FM\30MYN1.SGM   30MYN1


                                                24762                          Federal Register / Vol. 82, No. 102 / Tuesday, May 30, 2017 / Notices

                                                Eastern Time for U.S. dollar-settled                    Implementation                                         All-or-None Orders
                                                foreign currency options, will be                                                                                The Exchange believes that it is
                                                included in the Opening Process. Orders                   Both SR–ISE–2017–02 and SR–ISE–
                                                                                                        2017–03 will be implemented in Q2                      consistent with the Act to remove an
                                                entered at any time before an option                                                                           unnecessary and confusing reference to
                                                series opens are included in the                        2017 in connection with a system
                                                                                                                                                               Rule 701 in connection with All-or-
                                                Opening Process. The current Opening                    migration to INET. The migration will
                                                                                                                                                               None Orders, since these orders will
                                                Process rule states that the submission                 be on a symbol by symbol basis, and the
                                                                                                                                                               now immediately trade or cancel. The
                                                of Valid Width Quotes and Opening                       Exchange will issue an alert to Members
                                                                                                                                                               Exchange originally made clear the
                                                Sweeps for U.S. dollar-settled foreign                  to provide notification of the symbols
                                                                                                                                                               manner in which All-or-None Orders
                                                currency options may begin at 7:25 a.m.                 that will migrate and the relevant dates.
                                                                                                                                                               would trade in the Opening Process
                                                Eastern Time to tie the option Opening                  The Exchange proposes these                            because this order type trades
                                                Process to quoting in the underlying                    amendments to be operative on the                      differently as compared to other order
                                                security; 4 it presumes that option                     same dates as symbols migrate to INET.                 types. That distinction has become
                                                quotes submitted before any indicative                  2. Statutory Basis                                     unnecessary because All-or-None
                                                quotes have been disseminated for the                                                                          Orders trade the same as other
                                                underlying security may not be reliable                    The Exchange believes that its                      Immediate or Cancel Orders. By
                                                or intentional. The Exchange proposes                   proposal is consistent with Section 6(b)               updating the rule to remove an
                                                to amend ISE Rule 701 so that the                       of the Act,7 in general, and furthers the              unnecessary distinction will protect
                                                Opening Process for foreign currency                    objectives of Section 6(b)(5) of the Act,8             investors and the public interest by
                                                options would initiate on or after 9:30                 in particular, in that it is designed to               clarifying the rule.
                                                a.m. Eastern Time and the Market Maker                  promote just and equitable principles of
                                                                                                                                                               B. Self-Regulatory Organization’s
                                                Valid Width Quotes and Opening                          trade, to remove impediments to and
                                                                                                                                                               Statement on Burden on Competition
                                                Sweeps would be considered for the                      perfect the mechanism of a free and
                                                Opening Process starting at 9:25 a.m.                   open market and a national market                        The Exchange does not believe that
                                                Eastern Time for foreign currency                       system, and, in general to protect                     the proposed rule change will impose
                                                options.                                                investors and the public interest for the              any undue burden on competition not
                                                                                                        reasons stated below.                                  necessary or appropriate in furtherance
                                                All-or-None Orders                                                                                             of the purposes of the Act. The proposal
                                                                                                        Foreign Currency Options                               does not change the intense competition
                                                   The Exchange also proposes to amend
                                                                                                                                                               that exists among the options markets
                                                ISE Rule 701 to remove a specific                          The Exchange believes that the                      for options business including with
                                                reference to the manner in which All-or-                proposed rule change is consistent with                respect to transacting foreign currency
                                                None Orders will be treated in the                      the Act in that it will remove                         options. In addition, all market
                                                Opening Process. The Exchange recently                  impediments to and perfect the                         participants submitting All-or-None
                                                filed a proposed rule change to amend                   mechanism of a free and open market                    Orders in the Opening Process will
                                                All-or-None Orders.5 The Exchange                       and a national market system, to initiate              receive similar treatment with respect to
                                                amended Rule 715(c) to provide that an                  the Opening Process for foreign                        those orders.
                                                All-or-None Order may only be entered                   currency options at 9:30 a.m. Eastern
                                                into the System with a time-in-force                    Time and accept Market Maker Valid                     C. Self-Regulatory Organization’s
                                                designation of Immediate-or-Cancel 6                    Width Quotes and Opening Sweeps at                     Statement on Comments on the
                                                Order in connection with the                            9:25 a.m. Eastern Time for foreign                     Proposed Rule Change Received From
                                                Exchange’s technology migration to                      currency options similar to the manner                 Members, Participants, or Others
                                                INET. At the time that SR–ISE–2017–02                   in which other options trade today.                      No written comments were either
                                                was filed, All-or-None Orders were not                  Today, on NASDAQ PHLX, LLC                             solicited or received.
                                                restricted and could trade as a limit or                (‘‘Phlx’’), foreign currency options trade
                                                market order to be executed in its                                                                             III. Date of Effectiveness of the
                                                                                                        similar to other options.9 The Exchange                Proposed Rule Change and Timing for
                                                entirety or not at all. With this                       believes that conforming the Opening
                                                amendment, an All-or-None Order                                                                                Commission Action
                                                                                                        Process and trading hours for foreign
                                                would not persist in the Order Book and                 currency options to that of other options                 Because the foregoing proposed rule
                                                would therefore be treated the same as                  will conform the trading rules so all                  change does not: (i) Significantly affect
                                                any other Immediate or Cancel Order.                    products would trade during the same                   the protection of investors or the public
                                                The carve out specified in Rule                         session. The Exchange believes trading                 interest; (ii) impose any significant
                                                701(j)(6)(i) is unnecessary since an All-               all options on the same Opening Process                burden on competition; and (iii) become
                                                or-None Order would be executed                         schedule promotes just and equitable                   operative for 30 days from the date on
                                                immediately or cancel similar to other                  principles of trade because all options                which it was filed, or such shorter time
                                                orders which trade in the same manner.                  will continue to be available to                       as the Commission may designate, it has
                                                The Exchange believes removing this                     participants for trading on ISE.                       become effective pursuant to Section
                                                reference will eliminate confusion.                                                                            19(b)(3)(A)(iii) of the Act 10 and
                                                                                                          7 15  U.S.C. 78f(b).
                                                                                                                                                               subparagraph (f)(6) of Rule 19b–4
                                                  4 The  underlying security can also be an index.        8 15  U.S.C. 78f(b)(5).                              thereunder.11
                                                  5 See Securities Exchange Act Release No. 80432          9 See Phlx Rules 1014 and 1017. On Phlx, the
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                                                (April 11, 2017), 82 FR 18191 (April 17, 2017) (SR–     Specialist assigned in a particular U.S. dollar-         10 15  U.S.C. 78s(b)(3)(A)(iii).
                                                ISE–2017–03) (Order Approving Proposed Rule             settled FCO must enter a Valid Width Quote not           11 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                                Change, as Modified by Amendment No. 1, to              later than 30 seconds after the announced market       4(f)(6) requires a self-regulatory organization to give
                                                Amend Various Rules in Connection with a System         opening. Also, on Phlx, the Opening Process for an     the Commission written notice of its intent to file
                                                Migration to Nasdaq INET Technology).                   option series will be conducted within two minutes     the proposed rule change at least five business days
                                                  6 An Immediate-or-Cancel Order is a limit order       of market opening in the case of U.S. dollar-settled   prior to the date of filing of the proposed rule
                                                that is to be executed in whole or in part upon         FCO or such shorter time as determined by the          change, or such shorter time as designated by the
                                                receipt. Any portion not so executed is to be treated   Exchange and disseminated to membership on the         Commission. The Exchange has satisfied this
                                                as cancelled.                                           Exchange’s Web site.                                   requirement.



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                                                                               Federal Register / Vol. 82, No. 102 / Tuesday, May 30, 2017 / Notices                                                    24763

                                                   A proposed rule change filed                         number should be included on the                       SECURITIES AND EXCHANGE
                                                pursuant to Rule 19b–4(f)(6) under the                  subject line if email is used. To help the             COMMISSION
                                                Act 12 normally does not become                         Commission process and review your
                                                                                                                                                               [Release No. 34–80746; File No. SR–
                                                operative for 30 days after the date of its             comments more efficiently, please use                  NYSEMKT–2016–103]
                                                filing. However, Rule 19b–4(f)(6)(iii) 13               only one method. The Commission will
                                                permits the Commission to designate a                   post all comments on the Commission’s                  Self-Regulatory Organizations; NYSE
                                                shorter time if such action is consistent               Internet Web site (http://www.sec.gov/                 MKT LLC; Notice of Designation of a
                                                with the protection of investors and the                rules/sro.shtml). Copies of the                        Longer Period for Commission Action
                                                public interest. The Exchange has asked                 submission, all subsequent                             on Proceedings To Determine Whether
                                                the Commission to waive the 30-day                                                                             To Approve or Disapprove a Proposed
                                                                                                        amendments, all written statements
                                                operative delay so that the proposal may                                                                       Rule Change, as Modified by
                                                                                                        with respect to the proposed rule
                                                become operative immediately upon                                                                              Amendments No. 1 and 2, Allowing the
                                                filing. The Commission believes that                    change that are filed with the
                                                                                                        Commission, and all written                            Exchange To Trade, Pursuant to
                                                waiving the 30-day operative delay is                                                                          Unlisted Trading Privileges, Any NMS
                                                consistent with the protection of                       communications relating to the
                                                                                                                                                               Stock Listed on Another National
                                                investors and the public interest as it                 proposed rule change between the
                                                                                                                                                               Securities Exchange; Establishing
                                                will allow the Exchange to implement                    Commission and any person, other than
                                                                                                                                                               Rules for the Trading Pursuant to UTP
                                                the proposed rule change in                             those that may be withheld from the                    of Exchange-Traded Products; and
                                                coordination with a symbol by symbol                    public in accordance with the                          Adopting New Equity Trading Rules
                                                transition to the INET technology in the                provisions of 5 U.S.C. 552, will be                    Relating to Trading Halts of Securities
                                                second quarter of 2017. Accordingly, the                available for Web site viewing and                     Traded Pursuant to UTP on the Pillar
                                                Commission hereby waives the                            printing in the Commission’s Public                    Platform
                                                operative delay and designates the                      Reference Room, 100 F Street NE.,
                                                proposal operative upon filing.14                       Washington, DC 20549, on official                      May 23, 2017.
                                                   At any time within 60 days of the                    business days between the hours of                        On November 17, 2016, NYSE MKT
                                                filing of the proposed rule change, the                 10:00 a.m. and 3:00 p.m. Copies of the                 LLC (‘‘Exchange’’) filed with the
                                                Commission summarily may                                filing also will be available for                      Securities and Exchange Commission
                                                temporarily suspend such rule change if                 inspection and copying at the principal                (‘‘Commission’’), pursuant to Section
                                                it appears to the Commission that such                                                                         19(b)(1) of the Securities Exchange Act
                                                                                                        office of the Exchange. All comments
                                                action is: (i) Necessary or appropriate in                                                                     of 1934 (‘‘Act’’) 1 and Rule 19b–4
                                                                                                        received will be posted without change;                thereunder,2 a proposed rule change to
                                                the public interest; (ii) for the protection            the Commission does not edit personal
                                                of investors; or (iii) otherwise in                                                                            (1) allow the Exchange to trade,
                                                                                                        identifying information from                           pursuant to unlisted trading privileges
                                                furtherance of the purposes of the Act.                 submissions. You should submit only
                                                If the Commission takes such action, the                                                                       (‘‘UTP’’), any NMS Stock listed on
                                                                                                        information that you wish to make                      another national securities exchange; (2)
                                                Commission shall institute proceedings
                                                                                                        available publicly. All submissions                    establish rules for the trading pursuant
                                                to determine whether the proposed rule
                                                should be approved or disapproved.                      should refer to File Number SR–ISE–                    to UTP of exchange-traded products;
                                                                                                        2017–41 and should be submitted on or                  and (3) adopt new equity trading rules
                                                IV. Solicitation of Comments                            before June 20, 2017.                                  relating to trading halts of securities
                                                  Interested persons are invited to                       For the Commission, by the Division of               traded pursuant to UTP on the Pillar
                                                submit written data, views, and                         Trading and Markets, pursuant to delegated             platform. The proposed rule change was
                                                arguments concerning the foregoing,                     authority.15                                           published for comment in the Federal
                                                including whether the proposed rule                                                                            Register on December 1, 2016.3 On
                                                                                                        Eduardo A. Aleman,
                                                change is consistent with the Act.                                                                             January 4, 2017, pursuant to Section
                                                                                                        Assistant Secretary.                                   19(b)(2) of the Act,4 the Commission
                                                Comments may be submitted by any of
                                                                                                        [FR Doc. 2017–10984 Filed 5–26–17; 8:45 am]            designated a longer period within which
                                                the following methods:
                                                                                                        BILLING CODE 8011–01–P                                 to approve the proposed rule change,
                                                Electronic Comments                                                                                            disapprove the proposed rule change, or
                                                  • Use the Commission’s Internet                                                                              institute proceedings to determine
                                                comment form (http://www.sec.gov/                                                                              whether to disapprove the proposed
                                                rules/sro.shtml); or                                                                                           rule change.5 On February 24, 2017, the
                                                  • Send an email to rule-comments@                                                                            Commission instituted proceedings
                                                sec.gov. Please include File Number SR–                                                                        under Section 19(b)(2)(B) of the Act 6 to
                                                ISE–2017–41 on the subject line.                                                                               determine whether to approve or
                                                Paper Comments                                                                                                 disapprove the proposed rule change.7
                                                  • Send paper comments in triplicate                                                                            1 15 U.S.C. 78s(b)(1).
                                                to Secretary, Securities and Exchange                                                                            2 17 CFR 240.19b–4.
                                                Commission, 100 F Street NE.,                                                                                    3 See Securities Exchange Act Release No. 79400

                                                Washington, DC 20549–1090.                                                                                     (Nov. 25, 2016), 81 FR 86750.
                                                                                                                                                                 4 15 U.S.C. 78s(b)(2).
                                                All submissions should refer to File                                                                             5 See Securities Exchange Act Release No. 79738,
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                                                Number SR–ISE–2017–41. This file                                                                               82 FR 3068 (Jan. 10, 2017).
                                                                                                                                                                 6 15 U.S.C. 78s(b)(2)(B).
                                                  12 17  CFR 240.19b–4(f)(6).                                                                                    7 See Securities Exchange Act Release No. 80097,
                                                  13 17  CFR 240.19b–4(f)(6)(iii).                                                                             82 FR 12251 (Mar. 1, 2017). Specifically, the
                                                   14 For purposes only of waiving the 30-day                                                                  Commission instituted proceedings to allow for
                                                operative delay, the Commission has also                                                                       additional analysis of the proposed rule change’s
                                                considered the proposed rule’s impact on                                                                       consistency with Section 6(b)(5) of the Act, which
                                                efficiency, competition, and capital formation. See                                                            requires, among other things, that the rules of a
                                                15 U.S.C. 78c(f).                                         15 17   CFR 200.30–3(a)(12).                                                                   Continued




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Document Created: 2018-11-08 08:54:16
Document Modified: 2018-11-08 08:54:16
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 24761 

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