82_FR_25537 82 FR 25433 - Self-Regulatory Organizations; Nasdaq MRX, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Supplementary Material .03 to Rule 713

82 FR 25433 - Self-Regulatory Organizations; Nasdaq MRX, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Supplementary Material .03 to Rule 713

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 104 (June 1, 2017)

Page Range25433-25435
FR Document2017-11253

Federal Register, Volume 82 Issue 104 (Thursday, June 1, 2017)
[Federal Register Volume 82, Number 104 (Thursday, June 1, 2017)]
[Notices]
[Pages 25433-25435]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-11253]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80771; File No. SR-MRX-2017-05]


Self-Regulatory Organizations; Nasdaq MRX, LLC; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Amend 
Supplementary Material .03 to Rule 713

May 25, 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 19, 2017, Nasdaq MRX, LLC (``MRX'' 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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.

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[[Page 25434]]

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend Supplementary Material .03 to Rule 
713 to change the allocation entitlement for Preferred PMMs.
    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
    Supplementary Material .03 to Rule 713 allows an Electronic Access 
Member (``EAM'') to designate a ``Preferred Market Maker'' on orders it 
enters into the System (``Preferenced Orders''). A Preferred Market 
Maker may be the Primary Market Maker (``PMM'') appointed to the 
options class or any Competitive Market Maker (``CMM'') appointed to 
the options class.\3\ The purpose of the proposed rule change is to 
amend Supplementary Material .03 to Rule 713 to change the allocation 
entitlement for PMMs that receive Preferenced Orders (i.e., ``Preferred 
PMMs''), consistent with allocation entitlements for PMM equivalents on 
other options exchanges.
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    \3\ See Supplementary Material .03(a) to Rule 713.
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    Currently, a Preferred Market Maker that is quoting at the national 
best bid of offer (``NBBO'') at the time the Preferenced Order is 
received,\4\ is entitled to participation rights equal to the greater 
of: (i) The proportion of the total size at the best price represented 
by the size of its quote, or (ii) sixty percent (60%) of the contracts 
to be allocated if there is only one (1) other Professional Order or 
market maker quotation at the best price and forty percent (40%) if 
there are two (2) or more other Professional Orders and/or market maker 
quotes at the best price.\5\ This allocation entitlement is in lieu of 
the regular allocation provided in Supplementary Material .01 to Rule 
713, and applies regardless of whether the Preferred Market Maker is a 
PMM or CMM. In some instances where the Preferred Market Maker is the 
PMM appointed to the options class this results in a preferenced 
allocation that is worse than the market maker's regular allocation 
entitlement. Specifically, Supplementary Material .01(c) to Rule 713 
provides a small order entitlement whereby orders of five contracts or 
fewer are executed first by the PMM. A PMM that normally receives an 
allocation entitlement for orders of five contracts or fewer,\6\ would 
not receive this allocation entitlement if it were designated as the 
Preferred Market Maker.
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    \4\ If the Preferred Market Maker is not quoting at a price 
equal to the NBBO at the time the Preferenced Order is received, the 
Exchange's regular allocation procedure applies to the execution of 
the Preferenced Order. See Supplementary Material .03(b) to Rule 
713.
    \5\ See Supplementary Material .03(c) to Rule 713.
    \6\ See Supplementary Material .01(c) to Rule 713.
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    The Exchange now proposes to amend the participation rights of 
Preferred PMMs such that the PMM appointed in an option class will 
receive participation rights that are consistent with the higher 
allocation entitlement given to PMM equivalents on the MIAX Options 
Exchange (``MIAX''), and with the allocation entitlement recently 
adopted on the Exchange's affiliates, Nasdaq ISE, LLC (``ISE'') and 
Nasdaq GEMX, LLC (``GEMX''). In particular, the Exchange proposes to 
amend Supplementary Material .03(c) to Rule 713 to provide that, the 
Preferred Market Maker has participation rights equal to the greater 
of: (i) The proportion of the total size at the best price represented 
by the size of its quote, (ii) sixty percent (60%) of the contracts to 
be allocated if there is only one (1) other Professional Order or 
market maker quotation at the best price and forty percent (40%) if 
there are two (2) or more other Professional Orders and/or market maker 
quotes at the best price, or (iii) the full size of a Preferenced Order 
for five (5) contracts or fewer if the Primary Market Maker appointed 
to the options class is designated as the Preferred Market Maker--i.e., 
the small order allocation entitlement contained in Supplementary 
Material .01(c) to Rule 713. Thus, the PMM appointed to an options 
class would receive an allocation entitlement for orders of five 
contracts or fewer, regardless of whether that order is submitted as a 
Preferenced Order. The Exchange believes that this is appropriate since 
the PMMs obligations to the market are the same regardless of whether 
an order happens to be submitted with a preference instruction. PMM 
equivalents on other options exchanges currently receive this 
participation right when preferenced, in addition to the regular 60% or 
40% preferenced allocation currently provided in the rule.\7\ Preferred 
CMMs will continue to receive the same allocation entitlement that they 
receive today.
---------------------------------------------------------------------------

    \7\ See MIAX Rule 514(g), (i). See also Securities Exchange Act 
Release Nos. 80239 (March 14, 2017), 82 FR 14413 (March 20, 2017) 
(SR-ISEGemini-2017-14); 80438 (April 12, 2017), 82 FR 18329 (April 
18, 2017) (SR-ISE-2017-31).
---------------------------------------------------------------------------

    Pursuant to Supplementary Material .01(c) to Rule 713 the Exchange 
evaluates on a quarterly basis what percentage of the volume executed 
on the Exchange is comprised of orders for five (5) contracts or fewer 
executed by PMMs. The Exchange represents that this review will extend 
to the small order entitlement for Preferred PMMs. Thus, consistent 
with Supplementary Material .01(c) to Rule 713, the Exchange will 
reduce the size of the orders included in the small order entitlement 
if such percentage is over forty percent (40%).
Implementation
    The proposed rule change will be implemented on the Exchange's new 
INET trading system, which is scheduled to launch in Q3 2017,\8\ 
provided that the Exchange will provide notice of this change in a 
circular to be distributed to members prior to implementing the new 
allocation entitlement on INET. The INET migration will take place on a 
symbol by symbol basis as specified by the Exchange in a notice to be 
provided to Members. The Exchange is proposing to implement this rule 
change on the INET platform as the symbols migrate to that platform. As 
such, PMMs will begin receiving the small order entitlement in symbols 
as they migrate to the INET platform.
---------------------------------------------------------------------------

    \8\ See SR-MRX-2017-02 (pending publication).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with the requirements of the Act and the rules and regulations 
thereunder that are applicable to a national securities exchange, and, 
in particular, with the requirements of Section 6(b) of the Act.\9\ In 
particular, the proposal is consistent

[[Page 25435]]

with Section 6(b)(5) of the Act,\10\ because it is designed to promote 
just and equitable principles of trade, remove impediments to and 
perfect the mechanisms of a free and open market and a national market 
system and, in general, to protect investors and the public interest.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change is consistent 
with the protection of investors and the public interest as it will 
allow EAMs to send Preferenced Orders to the PMM appointed in an 
options class without inadvertently disadvantaging the PMM compared to 
if the order was not preferenced. The regular allocation entitlements 
for PMMs, including the small order entitlement, are designed to 
balance the obligations that the PMM has to the market with 
corresponding benefits. The Exchange believes that it is appropriate to 
provide the small order entitlement also when the PMM is designated as 
a Preferred Market Maker as the obligations that the PMM has to the 
market are not diminished when it receives a Preferenced Order. Other 
options exchanges similarly provide the small order entitlement to the 
PMM regardless of whether the order is submitted as a Preferenced 
Order.\11\ At the same time, the proposed rule change does not amend 
the current participation rights for Preferred CMMs, which is also 
consistent with allocation rules of other options exchanges. While the 
Exchange believes that it is appropriate to grant PMMs an allocation 
entitlement for small sized orders preferenced to them in recognition 
of the obligations that PMMs have to maintain fair and orderly markets, 
the Exchange does not believe that it is appropriate at this time to 
extend this entitlement to CMMs, preferenced or otherwise.
---------------------------------------------------------------------------

    \11\ See supra note 7.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    In accordance with Section 6(b)(8) of the Act,\12\ the Exchange 
does not believe that the proposed rule change will impose any burden 
on intermarket or intramarket competition that is not necessary or 
appropriate in furtherance of the purposes of the Act. The proposed 
rule change is designed to allow EAMs to send Preferenced Orders to the 
PMM appointed in an options class without inadvertently disadvantaging 
the PMM by reducing its participation rights. The proposed allocation 
entitlements are equivalent to those currently in effect on other 
options exchanges.\13\ The proposed rule change is therefore not 
designed to impose any significant burden on competition.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f(b)(8).
    \13\ See supra note 7.
---------------------------------------------------------------------------

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

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not: (i) 
Significantly affect the protection of investors or the public 
interest; (ii) impose any significant burden on competition; and (iii) 
become operative for 30 days from the date on which it was filed, or 
such shorter time as the Commission may designate, it has become 
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \14\ and 
subparagraph (f)(6) of Rule 19b-4 thereunder.\15\
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    \14\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \15\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6) 
requires a self-regulatory organization to give the Commission 
written notice of its intent to file the proposed rule change at 
least five business days prior to the date of filing of the proposed 
rule change, or such shorter time as designated by the Commission. 
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is: (i) 
Necessary or appropriate in the public interest; (ii) for the 
protection of investors; or (iii) otherwise in furtherance of the 
purposes of the Act. If the Commission takes such action, the 
Commission shall institute proceedings to determine whether the 
proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic 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-MRX-2017-05 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-MRX-2017-05. 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-MRX-2017-05 and should be 
submitted on or before June 22, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-11253 Filed 5-31-17; 8:45 am]
BILLING CODE 8011-01-P



                                                                                 Federal Register / Vol. 82, No. 104 / Thursday, June 1, 2017 / Notices                                                 25433

                                                  proposing the elimination of reporting                     As discussed above, the Exchange                   submission, all subsequent
                                                  requirements related to COATS and                       agrees with the commenters that the                   amendments, all written statements
                                                  EBS, as well as other duplicative rules,                reporting requirements proposed to be                 with respect to the proposed rule
                                                  to implement the requirements of the                    modified or eliminated should be                      change that are filed with the
                                                  CAT NMS Plan. Therefore, this is not a                  replaced by the CAT reporting                         Commission, and all written
                                                  competitive rule filing and, therefore, it              requirements as soon as accurate and                  communications relating to the
                                                  does not raise competition issues                       reliable CAT Data is available. To this               proposed rule change between the
                                                  between and among the self-regulatory                   end, the Exchange anticipates that the                Commission and any person, other than
                                                  organizations and/or their members.                     CAT will be designed to collect the data              those that may be withheld from the
                                                                                                          necessary to permit the modification or               public in accordance with the
                                                  C. Self-Regulatory Organization’s
                                                                                                          elimination, as applicable, of these                  provisions of 5 U.S.C. 552, will be
                                                  Statement on Comments on the
                                                                                                          reporting requirements and the                        available for Web site viewing and
                                                  Proposed Rule Change Received From
                                                                                                          retirement of related systems. However,               printing in the Commission’s Public
                                                  Members, Participants, or Others
                                                                                                          as discussed above, the Exchange                      Reference Room, 100 F Street NE.,
                                                     Although written comments on the                     disagrees with the recommendation to                  Washington, DC 20549 on official
                                                  proposed rule change were not solicited,                provide individual exemptions to those                business days between the hours of
                                                  the Exchange received comments from                     CAT Reporters who obtain satisfactory                 10:00 a.m. and 3:00 p.m. Copies of the
                                                  two commenters, the Financial                           data reporting quality.                               filing also will be available for
                                                  Information Forum (‘‘FIF’’) and the                                                                           inspection and copying at the principal
                                                                                                          III. Date of Effectiveness of the
                                                  Securities Industry and Financial                                                                             office of the Exchange. All comments
                                                                                                          Proposed Rule Change and Timing for
                                                  Markets Association (‘‘SIFMA’’),                                                                              received will be posted without change;
                                                                                                          Commission Action
                                                  regarding the retirement of systems                                                                           the Commission does not edit personal
                                                  related to the CAT.28 In its comment                       Within 45 days of the date of                      identifying information from
                                                  letters, with regard to the retirement of               publication of this notice in the Federal             submissions. You should submit only
                                                  duplicative systems more generally, FIF                 Register or within such longer period                 information that you wish to make
                                                  recommended that the Participants                       up to 90 days (i) as the Commission may               available publicly. All submissions
                                                  continue the effort to incorporate                      designate if it finds such longer period              should refer to File Number SR–CBOE–
                                                  current reporting obligations into the                  to be appropriate and publishes its                   2017–041 and should be submitted on
                                                  CAT in order to replace existing                        reasons for so finding or (ii) as to which            or before June 22, 2017.
                                                  reportable systems with the CAT. In                     the Exchange consents, the Commission
                                                                                                                                                                  For the Commission, by the Division of
                                                  addition, FIF further recommended that,                 will:                                                 Trading and Markets, pursuant to delegated
                                                                                                             A. By order approve or disapprove                  authority.32
                                                  once a CAT Reporter achieved
                                                                                                          such proposed rule change, or
                                                  satisfactory reporting data quality, the                                                                      Eduardo A. Aleman,
                                                                                                             B. Institute proceedings to determine
                                                  CAT Reporter should be exempt from                                                                            Assistant Secretary.
                                                                                                          whether the proposed rule change
                                                  reporting to any duplicative reporting                                                                        [FR Doc. 2017–11373 Filed 5–31–17; 8:45 am]
                                                                                                          should be disapproved.
                                                  systems. FIF believed that these                                                                              BILLING CODE 8011–01–P
                                                  recommendations ‘‘would serve both an                   IV. Solicitation of Comments
                                                  underlying regulatory objective of more                   Interested persons are invited to
                                                  immediate and accurate access to data                   submit written data, views, and                       SECURITIES AND EXCHANGE
                                                  as well as an industry objective of                     arguments concerning the foregoing,                   COMMISSION
                                                  reduced costs and burdens of regulatory                 including whether the proposed rule
                                                  oversight.’’ 29 In its comments about                                                                         [Release No. 34–80771; File No. SR–MRX–
                                                                                                          change is consistent with the Act.                    2017–05]
                                                  EBS specifically, FIF stated that the                   Comments may be submitted by any of
                                                  retirement of the EBS requirements                      the following methods:                                Self-Regulatory Organizations; Nasdaq
                                                  should be a high priority, and that the                                                                       MRX, LLC; Notice of Filing and
                                                  CAT should be designed to include the                   Electronic Comments
                                                                                                                                                                Immediate Effectiveness of Proposed
                                                  requisite data elements to permit the                     • Use the Commission’s Internet                     Rule Change To Amend
                                                  rapid retirement of EBS.30 Similarly,                   comment form (http://www.sec.gov/                     Supplementary Material .03 to Rule 713
                                                  SIFMA stated that ‘‘the establishment of                rules/sro.shtml); or
                                                  the CAT must be accompanied by the                        • Send an email to rule-comments@                   May 25, 2017.
                                                  prompt elimination of duplicative                       sec.gov. Please include File Number SR–                  Pursuant to Section 19(b)(1) of the
                                                  systems,’’ and ‘‘recommend[ed] that the                 CBOE–2017–041 on the subject line.                    Securities Exchange Act of 1934
                                                  initial technical specifications be                                                                           (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                                                                          Paper Comments
                                                  designed to facilitate the immediate                                                                          notice is hereby given that on May 19,
                                                  retirement of . . . duplicative reporting                 • Send paper comments in triplicate                 2017, Nasdaq MRX, LLC (‘‘MRX’’ or
                                                  systems.’’ 31                                           to Secretary, Securities and Exchange                 ‘‘Exchange’’) filed with the Securities
                                                                                                          Commission, 100 F Street NE.,                         and Exchange Commission
                                                     28 Letter from William H. Hebert, FIF, to            Washington, DC 20549–1090.                            (‘‘Commission’’) the proposed rule
                                                  Participants re: Milestone for Participants’ rule       All submissions should refer to File                  change as described in Items I, II, and
                                                  change filings to eliminate/modify duplicative rules    Number SR–CBOE–2017–041. This file
                                                  (Apr. 12, 2017) (‘‘FIF Letter’’); Letter from William
                                                                                                                                                                III, below, which Items have been
                                                                                                          number should be included on the                      prepared by the Exchange. The
mstockstill on DSK30JT082PROD with NOTICES




                                                  H. Hebert, FIF, to Brent J. Fields, SEC re: Milestone
                                                  for Participants’ rule change filings to eliminate/     subject line if email is used. To help the            Commission is publishing this notice to
                                                  modify duplicative rules (Apr. 12, 2017); and Letter    Commission process and review your                    solicit comments on the proposed rule
                                                  from Kenneth E. Bentsen, Jr., SIFMA, to                 comments more efficiently, please use
                                                  Participants re: Selection of Thesys as CAT
                                                                                                                                                                change from interested persons.
                                                  Processor (Apr. 4, 2017) (‘‘SIFMA Letter’’) at 2.       only one method. The Commission will
                                                     29 FIF Letter at 2.                                  post all comments on the Commission’s                   32 17 CFR 200.30–3(a)(12).
                                                     30 FIF Letter at 2.                                  Internet Web site (http://www.sec.gov/                  1 15 U.S.C. 78s(b)(1).
                                                     31 SIFMA Letter at 2.                                rules/sro.shtml). Copies of the                         2 17 CFR 240.19b–4.




                                             VerDate Sep<11>2014   18:32 May 31, 2017   Jkt 241001   PO 00000   Frm 00210   Fmt 4703   Sfmt 4703   E:\FR\FM\01JNN1.SGM    01JNN1


                                                  25434                          Federal Register / Vol. 82, No. 104 / Thursday, June 1, 2017 / Notices

                                                  I. Self-Regulatory Organization’s                       percent (60%) of the contracts to be                  submitted as a Preferenced Order. The
                                                  Statement of the Terms of Substance of                  allocated if there is only one (1) other              Exchange believes that this is
                                                  the Proposed Rule Change                                Professional Order or market maker                    appropriate since the PMMs obligations
                                                     The Exchange proposes to amend                       quotation at the best price and forty                 to the market are the same regardless of
                                                  Supplementary Material .03 to Rule 713                  percent (40%) if there are two (2) or                 whether an order happens to be
                                                  to change the allocation entitlement for                more other Professional Orders and/or                 submitted with a preference instruction.
                                                  Preferred PMMs.                                         market maker quotes at the best price.5               PMM equivalents on other options
                                                     The text of the proposed rule change                 This allocation entitlement is in lieu of             exchanges currently receive this
                                                  is available on the Exchange’s Web site                 the regular allocation provided in                    participation right when preferenced, in
                                                  at www.ise.com, at the principal office                 Supplementary Material .01 to Rule 713,               addition to the regular 60% or 40%
                                                  of the Exchange, and at the                             and applies regardless of whether the                 preferenced allocation currently
                                                  Commission’s Public Reference Room.                     Preferred Market Maker is a PMM or                    provided in the rule.7 Preferred CMMs
                                                                                                          CMM. In some instances where the                      will continue to receive the same
                                                  II. Self-Regulatory Organization’s                      Preferred Market Maker is the PMM                     allocation entitlement that they receive
                                                  Statement of the Purpose of, and                        appointed to the options class this                   today.
                                                  Statutory Basis for, the Proposed Rule                  results in a preferenced allocation that                 Pursuant to Supplementary Material
                                                  Change                                                  is worse than the market maker’s regular              .01(c) to Rule 713 the Exchange
                                                     In its filing with the Commission, the               allocation entitlement. Specifically,                 evaluates on a quarterly basis what
                                                  Exchange included statements                            Supplementary Material .01(c) to Rule                 percentage of the volume executed on
                                                  concerning the purpose of and basis for                 713 provides a small order entitlement                the Exchange is comprised of orders for
                                                  the proposed rule change and discussed                  whereby orders of five contracts or                   five (5) contracts or fewer executed by
                                                  any comments it received on the                         fewer are executed first by the PMM. A                PMMs. The Exchange represents that
                                                  proposed rule change. The text of these                 PMM that normally receives an                         this review will extend to the small
                                                  statements may be examined at the                       allocation entitlement for orders of five             order entitlement for Preferred PMMs.
                                                  places specified in Item IV below. The                  contracts or fewer,6 would not receive                Thus, consistent with Supplementary
                                                  Exchange has prepared summaries, set                    this allocation entitlement if it were                Material .01(c) to Rule 713, the
                                                  forth in sections A, B, and C below, of                 designated as the Preferred Market                    Exchange will reduce the size of the
                                                  the most significant aspects of such                    Maker.                                                orders included in the small order
                                                  statements.                                                The Exchange now proposes to amend                 entitlement if such percentage is over
                                                                                                          the participation rights of Preferred
                                                                                                                                                                forty percent (40%).
                                                  A. Self-Regulatory Organization’s                       PMMs such that the PMM appointed in
                                                  Statement of the Purpose of, and                        an option class will receive                          Implementation
                                                  Statutory Basis for, the Proposed Rule                  participation rights that are consistent
                                                                                                                                                                  The proposed rule change will be
                                                  Change                                                  with the higher allocation entitlement
                                                                                                                                                                implemented on the Exchange’s new
                                                                                                          given to PMM equivalents on the MIAX
                                                  1. Purpose                                                                                                    INET trading system, which is
                                                                                                          Options Exchange (‘‘MIAX’’), and with
                                                     Supplementary Material .03 to Rule                                                                         scheduled to launch in Q3 2017,8
                                                                                                          the allocation entitlement recently
                                                  713 allows an Electronic Access                                                                               provided that the Exchange will provide
                                                                                                          adopted on the Exchange’s affiliates,
                                                  Member (‘‘EAM’’) to designate a                                                                               notice of this change in a circular to be
                                                                                                          Nasdaq ISE, LLC (‘‘ISE’’) and Nasdaq
                                                  ‘‘Preferred Market Maker’’ on orders it                 GEMX, LLC (‘‘GEMX’’). In particular,                  distributed to members prior to
                                                  enters into the System (‘‘Preferenced                   the Exchange proposes to amend                        implementing the new allocation
                                                  Orders’’). A Preferred Market Maker                     Supplementary Material .03(c) to Rule                 entitlement on INET. The INET
                                                  may be the Primary Market Maker                         713 to provide that, the Preferred                    migration will take place on a symbol by
                                                  (‘‘PMM’’) appointed to the options class                Market Maker has participation rights                 symbol basis as specified by the
                                                  or any Competitive Market Maker                         equal to the greater of: (i) The                      Exchange in a notice to be provided to
                                                  (‘‘CMM’’) appointed to the options                      proportion of the total size at the best              Members. The Exchange is proposing to
                                                  class.3 The purpose of the proposed rule                price represented by the size of its                  implement this rule change on the INET
                                                  change is to amend Supplementary                        quote, (ii) sixty percent (60%) of the                platform as the symbols migrate to that
                                                  Material .03 to Rule 713 to change the                  contracts to be allocated if there is only            platform. As such, PMMs will begin
                                                  allocation entitlement for PMMs that                    one (1) other Professional Order or                   receiving the small order entitlement in
                                                  receive Preferenced Orders (i.e.,                       market maker quotation at the best price              symbols as they migrate to the INET
                                                  ‘‘Preferred PMMs’’), consistent with                    and forty percent (40%) if there are two              platform.
                                                  allocation entitlements for PMM                         (2) or more other Professional Orders                 2. Statutory Basis
                                                  equivalents on other options exchanges.                 and/or market maker quotes at the best
                                                     Currently, a Preferred Market Maker                  price, or (iii) the full size of a                      The Exchange believes that the
                                                  that is quoting at the national best bid                Preferenced Order for five (5) contracts              proposed rule change is consistent with
                                                  of offer (‘‘NBBO’’) at the time the                     or fewer if the Primary Market Maker                  the requirements of the Act and the
                                                  Preferenced Order is received,4 is                      appointed to the options class is                     rules and regulations thereunder that
                                                  entitled to participation rights equal to               designated as the Preferred Market                    are applicable to a national securities
                                                  the greater of: (i) The proportion of the               Maker—i.e., the small order allocation                exchange, and, in particular, with the
                                                  total size at the best price represented                entitlement contained in Supplementary                requirements of Section 6(b) of the Act.9
                                                  by the size of its quote, or (ii) sixty                 Material .01(c) to Rule 713. Thus, the                In particular, the proposal is consistent
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                                                                                                          PMM appointed to an options class
                                                                                                                                                                  7 See MIAX Rule 514(g), (i). See also Securities
                                                    3 See Supplementary Material .03(a) to Rule 713.      would receive an allocation entitlement
                                                    4 Ifthe Preferred Market Maker is not quoting at                                                            Exchange Act Release Nos. 80239 (March 14, 2017),
                                                                                                          for orders of five contracts or fewer,                82 FR 14413 (March 20, 2017) (SR–ISEGemini–
                                                  a price equal to the NBBO at the time the
                                                  Preferenced Order is received, the Exchange’s
                                                                                                          regardless of whether that order is                   2017–14); 80438 (April 12, 2017), 82 FR 18329
                                                  regular allocation procedure applies to the                                                                   (April 18, 2017) (SR–ISE–2017–31).
                                                                                                           5 See   Supplementary Material .03(c) to Rule 713.     8 See SR–MRX–2017–02 (pending publication).
                                                  execution of the Preferenced Order. See
                                                  Supplementary Material .03(b) to Rule 713.               6 See   Supplementary Material .01(c) to Rule 713.     9 15 U.S.C. 78f(b).




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                                                                                  Federal Register / Vol. 82, No. 104 / Thursday, June 1, 2017 / Notices                                                     25435

                                                  with Section 6(b)(5) of the Act,10                       options exchanges.13 The proposed rule                    Paper Comments
                                                  because it is designed to promote just                   change is therefore not designed to
                                                  and equitable principles of trade,                       impose any significant burden on                            • Send paper comments in triplicate
                                                  remove impediments to and perfect the                    competition.                                              to Secretary, Securities and Exchange
                                                  mechanisms of a free and open market                                                                               Commission, 100 F Street NE.,
                                                  and a national market system and, in                     C. Self-Regulatory Organization’s                         Washington, DC 20549–1090.
                                                  general, to protect investors and the                    Statement on Comments on the
                                                                                                           Proposed Rule Change Received From                        All submissions should refer to File
                                                  public interest.
                                                                                                           Members, Participants, or Others                          Number SR–MRX–2017–05. This file
                                                     The Exchange believes that the
                                                  proposed rule change is consistent with                                                                            number should be included on the
                                                                                                             No written comments were either                         subject line if email is used. To help the
                                                  the protection of investors and the                      solicited or received.
                                                  public interest as it will allow EAMs to                                                                           Commission process and review your
                                                  send Preferenced Orders to the PMM                       III. Date of Effectiveness of the                         comments more efficiently, please use
                                                  appointed in an options class without                    Proposed Rule Change and Timing for                       only one method. The Commission will
                                                  inadvertently disadvantaging the PMM                     Commission Action                                         post all comments on the Commission’s
                                                  compared to if the order was not                                                                                   Internet Web site (http://www.sec.gov/
                                                  preferenced. The regular allocation                         Because the foregoing proposed rule                    rules/sro.shtml). Copies of the
                                                  entitlements for PMMs, including the                     change does not: (i) Significantly affect                 submission, all subsequent
                                                  small order entitlement, are designed to                 the protection of investors or the public                 amendments, all written statements
                                                  balance the obligations that the PMM                     interest; (ii) impose any significant                     with respect to the proposed rule
                                                  has to the market with corresponding                     burden on competition; and (iii) become                   change that are filed with the
                                                  benefits. The Exchange believes that it                  operative for 30 days from the date on                    Commission, and all written
                                                  is appropriate to provide the small order                which it was filed, or such shorter time                  communications relating to the
                                                  entitlement also when the PMM is                         as the Commission may designate, it has
                                                                                                                                                                     proposed rule change between the
                                                  designated as a Preferred Market Maker                   become effective pursuant to Section
                                                                                                                                                                     Commission and any person, other than
                                                  as the obligations that the PMM has to                   19(b)(3)(A)(iii) of the Act 14 and
                                                                                                                                                                     those that may be withheld from the
                                                  the market are not diminished when it                    subparagraph (f)(6) of Rule 19b–4
                                                                                                           thereunder.15                                             public in accordance with the
                                                  receives a Preferenced Order. Other
                                                                                                                                                                     provisions of 5 U.S.C. 552, will be
                                                  options exchanges similarly provide the                     At any time within 60 days of the
                                                  small order entitlement to the PMM                                                                                 available for Web site viewing and
                                                                                                           filing of the proposed rule change, the                   printing in the Commission’s Public
                                                  regardless of whether the order is                       Commission summarily may
                                                  submitted as a Preferenced Order.11 At                                                                             Reference Room, 100 F Street NE.,
                                                                                                           temporarily suspend such rule change if
                                                  the same time, the proposed rule change                                                                            Washington, DC 20549, on official
                                                                                                           it appears to the Commission that such
                                                  does not amend the current                                                                                         business days between the hours of
                                                                                                           action is: (i) Necessary or appropriate in
                                                  participation rights for Preferred CMMs,                                                                           10:00 a.m. and 3:00 p.m. Copies of the
                                                                                                           the public interest; (ii) for the protection
                                                  which is also consistent with allocation                 of investors; or (iii) otherwise in                       filing also will be available for
                                                  rules of other options exchanges. While                  furtherance of the purposes of the Act.                   inspection and copying at the principal
                                                  the Exchange believes that it is                         If the Commission takes such action, the                  office of the Exchange. All comments
                                                  appropriate to grant PMMs an allocation                  Commission shall institute proceedings                    received will be posted without change;
                                                  entitlement for small sized orders                       to determine whether the proposed rule                    the Commission does not edit personal
                                                  preferenced to them in recognition of                    should be approved or disapproved.                        identifying information from
                                                  the obligations that PMMs have to                                                                                  submissions. You should submit only
                                                  maintain fair and orderly markets, the                   IV. Solicitation of Comments                              information that you wish to make
                                                  Exchange does not believe that it is                                                                               available publicly. All submissions
                                                                                                             Interested persons are invited to
                                                  appropriate at this time to extend this                                                                            should refer to File Number SR–MRX–
                                                                                                           submit written data, views, and
                                                  entitlement to CMMs, preferenced or                                                                                2017–05 and should be submitted on or
                                                                                                           arguments concerning the foregoing,
                                                  otherwise.                                                                                                         before June 22, 2017.
                                                                                                           including whether the proposed rule
                                                  B. Self-Regulatory Organization’s                        change is consistent with the Act.                          For the Commission, by the Division of
                                                  Statement on Burden on Competition                       Comments may be submitted by any of                       Trading and Markets, pursuant to delegated
                                                     In accordance with Section 6(b)(8) of                 the following methods:                                    authority.16
                                                  the Act,12 the Exchange does not believe                 Electronic Comments                                       Eduardo A. Aleman,
                                                  that the proposed rule change will                                                                                 Assistant Secretary.
                                                  impose any burden on intermarket or                        • Use the Commission’s Internet                         [FR Doc. 2017–11253 Filed 5–31–17; 8:45 am]
                                                  intramarket competition that is not                      comment form (http://www.sec.gov/
                                                                                                                                                                     BILLING CODE 8011–01–P
                                                  necessary or appropriate in furtherance                  rules/sro.shtml); or
                                                  of the purposes of the Act. The                            • Send an email to rule-comments@
                                                  proposed rule change is designed to                      sec.gov. Please include File Number SR–
                                                  allow EAMs to send Preferenced Orders                    MRX–2017–05 on the subject line.
                                                  to the PMM appointed in an options
                                                  class without inadvertently                                13 See  supra note 7.
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                                                  disadvantaging the PMM by reducing its                     14 15  U.S.C. 78s(b)(3)(A)(iii).
                                                  participation rights. The proposed                         15 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–

                                                  allocation entitlements are equivalent to                4(f)(6) requires a self-regulatory organization to give
                                                  those currently in effect on other                       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
                                                    10 15 U.S.C. 78f(b)(5).                                change, or such shorter time as designated by the
                                                    11 See supra note 7.                                   Commission. The Exchange has satisfied this
                                                    12 15 U.S.C. 78f(b)(8).                                requirement.                                                16 17   CFR 200.30–3(a)(12).



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Document Created: 2017-06-01 03:04:45
Document Modified: 2017-06-01 03:04:45
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 25433 

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