82_FR_28226 82 FR 28109 - Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Regarding Market Maker Quotations

82 FR 28109 - Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Regarding Market Maker Quotations

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 117 (June 20, 2017)

Page Range28109-28113
FR Document2017-12893

Federal Register, Volume 82 Issue 117 (Tuesday, June 20, 2017)
[Federal Register Volume 82, Number 117 (Tuesday, June 20, 2017)]
[Notices]
[Pages 28109-28113]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-12893]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80944; File No. SR-ISE-2017-42)


Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change Regarding Market 
Maker Quotations

June 15, 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 June 12, 2017, Nasdaq ISE, LLC (``ISE'' or ``Exchange'') filed with 
the Securities and Exchange Commission (``SEC'' or ``Commission'') the 
proposed rule change as described in Items I and II, below, which Items 
have been prepared by the Exchange. The Commission is publishing this 
notice to solicit comments on the proposed rule change from interested 
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend Rule 804, entitled ``Market Maker 
Quotations.''
    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 Exchange proposes to amend ISE Rule 804, entitled ``Market 
Maker Quotations'' to amend the current rule text at ISE Rule 804(g)(1) 
and (2) to adopt a revised description of the manner in which ISE 
removes market maker quotes when certain risk parameters have been 
triggered. The Exchange believes that the proposed new rule text will 
provide more detailed information to participants concerning the manner 
in which these risk features will remove quotes from the Order Book.
    Today, ISE Rule 804(g)(1) provides that a market maker must provide 
parameters by which the Exchange will automatically remove a market 
maker's quotations in all series of an options class. If a market maker 
does not provide parameters then the Exchange will apply default 
parameters announced to members. The Exchange will automatically remove 
a market maker's quotation when, during a time period established by 
the market maker, the market maker exceeds: (i) The specified number of 
total contracts in the class, (ii) the specified percentage of the 
total size of the market maker's quotes in the class, (iii) the 
specified absolute value of the net between contracts bought and 
contracts sold in the class, or (iv) the specified absolute value of 
the net between (a) calls purchased plus puts sold in the class, and 
(b) calls sold plus puts purchased in the class.
    The Exchange proposes to adopt new rule text, which continues to 
require a market maker to provide parameters by which the Exchange will 
automatically remove a market maker's quotations in all series of an 
options class. If a market maker does not provide parameters then the 
Exchange will apply default parameters announced to members. This is 
not being amended, rather it is being expanded.
    The proposed rule text in 804(g)(1) makes clear that market makers 
are required to utilize the Percentage, Volume, Delta and Vega 
Thresholds, each a Threshold, described in subsections (A)-(D) in the 
new rule text. These are the same risk parameters that are offered 
today by ISE. The Exchange is seeking to identify each risk parameter 
specifically and describe the function of each parameter in Rule 
804(g)(1)(A)-(D). For each feature, the Exchange's system (``System'') 
will continue to automatically remove quotes in all series in an 
options class when a certain threshold for any of the parameters has 
been exceeded.
    The Exchange elaborates in the proposed rule that a market maker is 
required to specify a period of time not to exceed 30 seconds 
(``Specified Time Period'') during which the system will automatically 
remove a Market Maker's quotes in all series of an options class. The 
limitation of not to exceed 30 seconds is new for ISE Members. In order 
to establish a reasonable limit to the allowable Specified Time Period, 
an ISE Member will be limited to the [sic] setting their Specified Time 
period to no more than 30 seconds for these Thresholds. A Specified 
Time Period will commence for an options class every time an execution 
occurs in any series in such options class and will continue until the 
System removes quotes as described in proposed ISE Rule 804(g)(2) or 
(3) or the Specified Time Period expires. This is the case today, and 
is not changing. The Specified Time Periods will be the same value 
described in subsections (A)-(D). Also, as is the case today, a 
Specified Time Period operates on a rolling basis among all series in 
an options class in that there may be Specified Time Periods occurring 
simultaneously for each Threshold and such Specified Time Periods may 
overlap. If a Market Maker does not provide parameters, the Exchange 
will apply default parameters, which default settings will be announced 
to Members via an Options Trader Alert.
    Proposed Rule 804(g)(1)(A) describes in greater detail the 
operation of the Percentage Threshold. As is the case today, a Market 
Maker must provide a specified percentage of quote size (``Percentage 
Threshold''), of not less than 1%, by which the System will 
automatically remove a Market Maker's quotes in all series of an 
options class. The Exchange is adding more detail about the manner in 
which the System will calculate percentages and amending the current 
rule to change its operation. For each series in an options class, the 
System will determine (i) during a Specified Time Period and for each 
side in a given series, a percentage calculated by dividing the size of 
a Market Maker's quote size executed in a particular series (the 
numerator) by the Marker Maker's quote size available at the time of 
execution plus the total number of the Market Marker's quote

[[Page 28110]]

size previously executed during the unexpired Specified Time Period 
(the denominator) (``Series Percentage''); and (ii) the sum of the 
Series Percentages in the options class (``Issue Percentage'') during a 
Specified Time Period. The System will track and calculate the net 
impact of positions in the same option issue; long call percentages are 
offset by short call percentages, and long put percentages are offset 
by short put percentages in the Issue Percentage. The Exchange also 
notes that in calculating the Percentage the System will compare the 
number of contracts executed in that series relative to the size of the 
quote at the time of the execution plus the number of executed 
contracts that have occurred in the current time period. The current 
system calculates the Percentage risk parameter by comparing the number 
of contracts executed in that series relative to the size of the 
original quote only at the time of the execution. This difference is 
captured within the proposed rule text. The Exchange notes that with 
the upcoming migration from ISE's current system to the INET system the 
manner in which the System offsets will change. The current ISE system 
does not offset, in that long call percentages are not offset by short 
call percentages, and long put percentages are not offset by short put 
percentages. The proposed System however will track and calculate the 
net impact.\3\ The Exchange notes this difference in the calculation 
and seeks to memorialize the change in the process upon the migration 
to INET. The proposed rule will provide participants with greater 
clarity as to the operation of the Percentage risk feature on INET. The 
proposed text indicates that if the Issue Percentage exceeds the 
Percentage Threshold the System will automatically remove a market 
maker's quotes in all series of the options class.
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    \3\ The net impact of positions takes into account the offsets 
noted herein.
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    Proposed Rule 804(g)(1)(B) describes in greater detail the 
operation of the Volume Threshold. As is the case today on ISE's 
current system, a market maker must provide a Volume Threshold by which 
the System will automatically remove a market maker's quotes in all 
series of an underlying security when the market maker executes a 
number of contracts which exceeds the designated number of contracts in 
all options series in an options class.
    Proposed Rule 804(g)(1)(C) describes in greater detail the 
operation of the Delta Threshold. As is the case today on ISE's current 
system, a market maker must provide a Delta Threshold by which the 
System will automatically remove a market maker's quotes in all series 
of an underlying security. For each class of options, the System will 
maintain a Delta counter, which tracks the absolute value of the 
difference between (i) purchased call contracts plus sold put contracts 
and (ii) sold call contracts plus purchased put contracts. If the Delta 
counter exceeds the Delta Threshold established by the Member, the 
System will automatically remove a market maker's quotes in all series 
of the options class.
    Proposed Rule 804(g)(1)(D) describes in greater detail the 
operation of the Vega Threshold. As is the case today on ISE's system, 
a market maker must provide a Vega Threshold by which the System will 
automatically remove a Market Maker's quotes in all series of an 
options class. For each class of options, the System will maintain a 
Vega counter, which tracks the absolute value of purchased contracts 
minus sold contracts. If the Vega counter exceeds the Vega Threshold 
established by the Member, the System will automatically remove a 
Market Maker's quotes in all series of the options class.
    Proposed Rule 804(g)(2) provides more detail about the System's 
current operation with respect to quote removal. The System will 
automatically remove quotes in all options in an underlying security 
when the Percentage Threshold, Volume Threshold, Delta Threshold or 
Vega Threshold has been exceeded. The System will send a Purge 
Notification Message to the Market Maker for all affected series when 
any of the above thresholds have been exceeded. The Percentage 
Threshold, Volume Threshold, Delta Threshold and Vega Threshold are 
considered independently of each other. Quotes will be automatically 
executed up to the Market Maker's size regardless of whether the 
execution of such quotes would cause the Market Maker to exceed the 
Percentage Threshold, Volume Threshold, Delta Threshold or Vega 
Threshold.
    Proposed Rule 804(g)(3) provides more detail about the manner in 
which the System resets the counting of the various risk parameters. 
Notwithstanding the automatic removal of quotes described in the rule, 
if a market maker requests the System to remove quotes in all options 
series in an options class, the System will automatically reset all 
Thresholds.
    Proposed Rule 804(g)(4) provides more detail about the process to 
re-initiate quoting. When the System removes quotes because the 
Percentage Threshold, Volume Threshold, Delta Threshold or Vega 
Threshold were exceeded, the market maker must send a re-entry 
indicator to re-enter the System.
    Proposed Rule 804(g)(5) provides more detail about default 
parameters as mentioned above. If a market maker does not provide a 
parameter for each of the automated quotation removal Thresholds 
described in Rule 804(g)(1)(A-D) above, the Exchange will apply default 
parameters, which are announced to Members. This language exists today 
in the current text and is being memorialized herein.
    Finally, proposed Rule 804(g)(6) describes the interaction between 
the four Thresholds and the market wide parameter. In addition to the 
Thresholds described in Rule 804(g)(1)(A)-(D) above, a market maker 
must provide a market wide parameter by which the Exchange will 
automatically remove a market maker's quotes in all classes when, 
during a time period established by the market maker, the total number 
of quote removal events specified in Rule 804(g)(1)(A)-(D) exceeds the 
market wide parameter provided to the Exchange by the market maker. As 
is the case today, Market Makers may request the Exchange to set the 
market wide parameter to apply to just Nasdaq ISE or across Nasdaq ISE 
and GEMX.
    Below are some illustrative examples of the Percentage and Volume 
risk parameters.
    Example #1: Describes the Percentage risk parameter. Presume the 
following Order Book:

------------------------------------------------------------------------
         Series of underlying XYZ            Size on bid x offer for MM1
------------------------------------------------------------------------
100 Strike Call...........................  300x300
100 Strike Put............................  50x50
110 Strike Call...........................  200x200
110 Strike Put............................  150x150
------------------------------------------------------------------------

    In this example, assume the Specified Time Period designated by the 
Market Maker #1 is 10 seconds and the Percentage Threshold is set to 
100%. Assume at 12:00:00, Market Maker #1 executes 100 contracts of his 
offer size, 200 contracts, in the 110 Strike Calls. This represents an 
execution equaling 50% (100 contracts of the 200 contract quote size) 
of the 100% Percentage Threshold. Assume at 12:00:01, Market Maker #1 
executes 50 additional contracts in the same 110 Strike Calls. This 
execution equates to an additional 25% ((50 contracts/(100 remaining 
quote size +100 contracts already executed within the Specified Time 
Period)) for a net 75% Series Percentage count toward the 100% 
Percentage Threshold. If at 12:00:03, Market Maker #1 executes the full 
size of his bid (50 contracts) in the 100 Strike Put, the System will 
automatically remove all of

[[Page 28111]]

Market Maker #1's quotes in Underlying XYZ since the execution caused 
his 100% Percentage Threshold to be exceeded; the execution in the 100 
Strike Put added 100% Series Percentage to his previously calculated 
Series Percentage of 75% totaling 175% Issue Percentage. No further 
quotes for Market Maker #1 in Underlying XYZ will be available until 
re-entry. The Specified Time Period will be reset for Market Maker #1 
in options class XYZ and Market Maker #1 will need to send a re-entry 
indicator in order to re-enter quotes in options series for options 
class XYZ into the System.
    Example #2 is another example of the Percentage Threshold. Presume 
the following Order Book:
    In this example, assume Market Maker #1 has Percentage Threshold 
set at 100% with a Specified Time Period over 5 seconds. Assume at 
12:00:00, Market Maker #1 is quoting the XYZ 20 strike calls at 1.00 
(10)-1.20 (10). An incoming Order to buy 5 contracts for 1.20 trades 
against Market Maker #1's quote. Based on this trade, the Series 
Percentage Threshold calculation is 5/[(10) + (0)] = 5/10 = 50%. Since 
this is the only execution during the Time Period, 50% also represents 
the Issue Percentage, therefore Market Maker #1's quote is now 1.00 
(10)-1.20 (5).
    Next, assume at 12:00:01 an Incoming Order to buy 2 contracts for 
1.20 trades against Market Maker #1's quote. Based on this trade, the 
Series Percentage Threshold calculation is 2/[(5) + (5)] = 2/10 = 20%. 
The Issue Percentage calculation is the sum of Series Percentages 
during the time period, or 50% + 20% = 70%.
    Finally, presume Market Maker #1's quote is now 1.00 (10)-1.20 (3). 
At 12:00:02, Market Maker #1 updates his quote in the XYZ 20 strike 
calls to increase his offer size back to 10 contracts, 1.00 (10)-1.20 
(10). An incoming Order to buy 6 contracts for 1.20 trades against 
Market Maker #1's quote. Based on this trade, the Series Percentage 
Threshold calculation: 6/[(10) + (7)] = 6/17 = 35.29%. The Issue 
Percentage calculation is the sum of Series Percentages during the time 
period, or 50% + 20% + 35.29% = 105.29%. In this scenario, Market Maler 
[sic] #1's quotes are removed in all series of XYZ since his setting of 
100% over 5 seconds has been exceeded.
    Example #3 describes the Volume Threshold. Presume the following 
Order Book:

------------------------------------------------------------------------
         Series of underlying XYZ            Size on bid x offer for MM1
------------------------------------------------------------------------
100 Strike Call...........................  300x300
100 Strike Put............................  50x50
110 Strike Call...........................  200x200
110 Strike Put............................  150x150
------------------------------------------------------------------------

    In this example, assume the Specified Time Period designated by the 
Market Maker #1 is 10 seconds and the designated number of contracts 
permitted for the Volume-Based Threshold is 250 contracts. Assume at 
12:00:00, the Market Maker #1 executes all of his offer size, 200 
contracts, in the 110 Strike Calls. The System will initiate the 
Specified Time Period and for 10 seconds the System will count all 
volume executed in series of options class XYZ. If at any point during 
that 10 second period, the Market Maker #1 executes additional 
contracts in any series of the options class XYZ, those contracts will 
be added to the initial execution of 200 contracts. To illustrate, 
assume at 12:00:05 the Market Maker #1 executes 60 contracts of his 
offer in the 100 Strike Calls. The total volume executed is now 260 
contracts. Since that volume exceeds the Market Maker #1's designated 
number of contracts for the Volume Threshold (250 contracts), all of 
his quotes in all series of the options class XYZ over the Specialized 
Quote Feed \4\ will be removed from the System; no further quotes will 
be executed until re-entry. The Volume Specified Time Period will be 
reset for Market Maker #1 in options class XYZ and Market Maker #1 will 
need to send a re-entry indicator in order to re-enter quotes in 
options series for options class XYZ into the System.
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    \4\ The Specialized Quote Feed interface that allows market 
makers to connect and send quotes, sweeps and auction responses into 
GEMX. Data includes the following: (1) Options Auction Notifications 
(e.g., opening imbalance, Flash, PIM, Solicitation and Facilitation 
or other information); (2) Options Symbol Directory Messages; (3) 
System Event Messages (e.g., start of messages, start of system 
hours, start of quoting, start of opening); (4) Option Trading 
Action Messages (e.g., halts, resumes); (5) Execution Messages; and 
(6) Quote Messages (quote/sweep messages, risk protection triggers 
or purge notifications).
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Implementation
    The Exchange will begin a system migration to Nasdaq INET in Q2 of 
2017.\5\ The migration will be on a symbol by symbol basis as specified 
by the Exchange in a notice to Members. The Exchange is proposing to 
implement this rule change on the INET platform as the symbols migrate 
to that platform.
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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).
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act \6\ in general, and furthers the objectives of Section 
6(b)(5) of the Act \7\ 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, 
by memorializing, with greater detail, the risk protections available 
to market makers. The described Thresholds serve to decrease risk and 
increase stability. Additionally, because the Exchange offers these 
risk tools to market makers, in order to encourage them to provide as 
much liquidity as possible and encourage market making generally, the 
proposal removes impediments to and perfects the mechanism of a free 
and open market and a national market system and protects investors and 
the public interest. The Exchange believes that amending Rule 804(g) to 
add more clarifying text, which explains in greater detail the manner 
in which the four Thresholds operate, will bring more transparency to 
the rule which serves to protect investors and the public interest, 
because market makers will be more informed about the manner in which 
the functionality operates.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
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    In addition, the Exchange's proposal to amend the current 
Percentage Threshold to: (i) Calculate offsets; and (ii) calculate the 
Percentage Threshold during a Specified Time Period and for each side 
in a given series, a percentage, by dividing the size of a Market 
Maker's quote size executed in a particular series (the numerator) by 
the Marker Maker's quote size available at the time of execution plus 
the total number of the Market Marker's quote size previously executed 
during the unexpired Specified Time Period, will provide Market Makers 
with greater precision in calculating quoting risks. The Exchange 
believes that providing Market Makers with tools to calculate risk 
serves to perfect the mechanism of a free and open market and a 
national market system, and, in general to protect investors and the 
public interest because Market Makers are better able to manage risks 
with this risk tool.
    The Exchange further represents that its proposal will continue to 
operate consistently with the firm quote obligations of a broker-dealer 
pursuant

[[Page 28112]]

to Rule 602 of Regulation NMS and that the functionality is mandatory. 
Specifically, any interest that is executable against a market maker's 
quotes that are received \8\ by the Exchange prior to the time any of 
these functionalities are engaged will be automatically executed at the 
price up to the market maker's size, regardless of whether such 
execution results in executions in excess of the market maker's pre-set 
parameters.
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    \8\ The time of receipt is the time such message is processed by 
the Order Book.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition not necessary or appropriate in 
furtherance of the purposes of the Act. Specifically, the proposal will 
not impose a burden on intra-market or inter-market competition, rather 
it provides market makers with the continued opportunity to avail 
themselves of risk tools, [sic] The proposal does not impose a burden 
on inter-market competition, because participants may choose to become 
market makers on a number of other options exchanges, which may have 
similar but not identical features.\9\ The proposed rule change is 
meant to continue to protect market makers from inadvertent exposure to 
excessive risk. Accordingly, the proposed rule change will have no 
impact on competition. The Exchange's proposal to amend the current 
Percentage Based risk feature to: (i) Calculate offsets; and (ii) 
calculate the Percentage Threshold during a Specified Time Period and 
for each side in a given series, a percentage, by dividing the size of 
a Market Maker's quote size executed in a particular series (the 
numerator) by the Market Maker's quote size available at the time of 
execution plus the total number of the Market Marker's quote size 
previously executed during the unexpired Specified Time Period,, [sic] 
does not impose an undue burden on competition and is non-controversial 
because the Exchange offers a Percentage Threshold today. The proposed 
changes to the Percentage risk tool simply add more precision to the 
existing calculation to permit Market Makers to better control their 
risk with respect to quoting.
---------------------------------------------------------------------------

    \9\ See BATS Rule 21.16, BOX Rules 8100 and 8110, C2 Rule 8.12, 
CBOE Rule 8.18, MIAX Rule 612, NYSE MKT Rule 928NY and NYSE Arca 
Rule 6.40.
---------------------------------------------------------------------------

    Further, the Exchange is memorializing more detail concerning the 
function of the Thresholds with this rule proposal and making clear the 
method in which the Percentage risk tool is calculated. The risk tools 
will continue to reduce risk for market makers in the event of a 
systems issue or due to the occurrence of unusual or unexpected market 
activity.

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

    In its filing, ISE requests that the Commission waive the 30-day 
operative delay in order to enable the Exchange to coordinate the 
implementation of the proposed rule changes with its planned migration 
to the INET platform, which has commenced.\12\ Although the Exchange 
proposes certain technical changes to how the risk parameters will 
operate (e.g., limiting the Specified Time Period to 30 seconds), the 
proposed changes are largely intended to provide more detail about the 
operation of the existing risk parameters. Accordingly, the Commission 
believes that granting a waiver of the operative delay is consistent 
with the protection of investors and the public interest and therefore 
designates the proposed rule change to be operative upon filing.\13\
---------------------------------------------------------------------------

    \12\ See supra note 5 and accompanying text.
    \13\ For purposes only of waiving the 30-day operative delay, 
the Commission has also considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest; for the protection of investors; or 
otherwise in furtherance of the purposes of the Act.

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-2017-42 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-2017-42. 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-2017-42 and should be 
submitted on or before July 11, 2017.


[[Page 28113]]


    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12) and (59).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-12893 Filed 6-19-17; 8:45 am]
BILLING CODE 8011-01-P



                                                                               Federal Register / Vol. 82, No. 117 / Tuesday, June 20, 2017 / Notices                                           28109

                                                submissions. You should submit only                     places specified in Item IV below. The                 is seeking to identify each risk
                                                information that you wish to make                       Exchange has prepared summaries, set                   parameter specifically and describe the
                                                available publicly. All submissions                     forth in sections A, B, and C below, of                function of each parameter in Rule
                                                should refer to File Number SR–                         the most significant aspects of such                   804(g)(1)(A)–(D). For each feature, the
                                                NYSEArca–2017–64 and should be                          statements.                                            Exchange’s system (‘‘System’’) will
                                                submitted on or before July 11, 2017.                                                                          continue to automatically remove
                                                                                                        A. Self-Regulatory Organization’s                      quotes in all series in an options class
                                                  For the Commission, by the Division of                Statement of the Purpose of, and
                                                Trading and Markets, pursuant to delegated                                                                     when a certain threshold for any of the
                                                                                                        Statutory Basis for, the Proposed Rule                 parameters has been exceeded.
                                                authority.11
                                                                                                        Change                                                    The Exchange elaborates in the
                                                Eduardo A. Aleman,
                                                Assistant Secretary.                                    1. Purpose                                             proposed rule that a market maker is
                                                                                                                                                               required to specify a period of time not
                                                [FR Doc. 2017–12761 Filed 6–19–17; 8:45 am]                The Exchange proposes to amend ISE
                                                                                                                                                               to exceed 30 seconds (‘‘Specified Time
                                                BILLING CODE 8011–01–P                                  Rule 804, entitled ‘‘Market Maker                      Period’’) during which the system will
                                                                                                        Quotations’’ to amend the current rule                 automatically remove a Market Maker’s
                                                                                                        text at ISE Rule 804(g)(1) and (2) to                  quotes in all series of an options class.
                                                SECURITIES AND EXCHANGE                                 adopt a revised description of the
                                                COMMISSION                                                                                                     The limitation of not to exceed 30
                                                                                                        manner in which ISE removes market                     seconds is new for ISE Members. In
                                                [Release No. 34–80944; File No. SR–ISE–                 maker quotes when certain risk                         order to establish a reasonable limit to
                                                2017–42)                                                parameters have been triggered. The                    the allowable Specified Time Period, an
                                                                                                        Exchange believes that the proposed                    ISE Member will be limited to the [sic]
                                                Self-Regulatory Organizations; Nasdaq                   new rule text will provide more detailed               setting their Specified Time period to no
                                                ISE, LLC; Notice of Filing and                          information to participants concerning                 more than 30 seconds for these
                                                Immediate Effectiveness of Proposed                     the manner in which these risk features                Thresholds. A Specified Time Period
                                                Rule Change Regarding Market Maker                      will remove quotes from the Order                      will commence for an options class
                                                Quotations                                              Book.                                                  every time an execution occurs in any
                                                                                                           Today, ISE Rule 804(g)(1) provides                  series in such options class and will
                                                June 15, 2017.
                                                                                                        that a market maker must provide                       continue until the System removes
                                                   Pursuant to Section 19(b)(1) of the                  parameters by which the Exchange will
                                                Securities Exchange Act of 1934                                                                                quotes as described in proposed ISE
                                                                                                        automatically remove a market maker’s                  Rule 804(g)(2) or (3) or the Specified
                                                (‘‘Act’’),1 and Rule 19b–4 thereunder,2                 quotations in all series of an options
                                                notice is hereby given that on June 12,                                                                        Time Period expires. This is the case
                                                                                                        class. If a market maker does not                      today, and is not changing. The
                                                2017, Nasdaq ISE, LLC (‘‘ISE’’ or                       provide parameters then the Exchange
                                                ‘‘Exchange’’) filed with the Securities                                                                        Specified Time Periods will be the same
                                                                                                        will apply default parameters                          value described in subsections (A)–(D).
                                                and Exchange Commission (‘‘SEC’’ or                     announced to members. The Exchange
                                                ‘‘Commission’’) the proposed rule                                                                              Also, as is the case today, a Specified
                                                                                                        will automatically remove a market                     Time Period operates on a rolling basis
                                                change as described in Items I and II,                  maker’s quotation when, during a time
                                                below, which Items have been prepared                                                                          among all series in an options class in
                                                                                                        period established by the market maker,                that there may be Specified Time
                                                by the Exchange. The Commission is                      the market maker exceeds: (i) The
                                                publishing this notice to solicit                                                                              Periods occurring simultaneously for
                                                                                                        specified number of total contracts in                 each Threshold and such Specified
                                                comments on the proposed rule change                    the class, (ii) the specified percentage of
                                                from interested persons.                                                                                       Time Periods may overlap. If a Market
                                                                                                        the total size of the market maker’s                   Maker does not provide parameters, the
                                                I. Self-Regulatory Organization’s                       quotes in the class, (iii) the specified               Exchange will apply default parameters,
                                                Statement of the Terms of Substance of                  absolute value of the net between                      which default settings will be
                                                the Proposed Rule Change                                contracts bought and contracts sold in                 announced to Members via an Options
                                                   The Exchange proposes to amend                       the class, or (iv) the specified absolute              Trader Alert.
                                                Rule 804, entitled ‘‘Market Maker                       value of the net between (a) calls                        Proposed Rule 804(g)(1)(A) describes
                                                Quotations.’’                                           purchased plus puts sold in the class,                 in greater detail the operation of the
                                                   The text of the proposed rule change                 and (b) calls sold plus puts purchased                 Percentage Threshold. As is the case
                                                is available on the Exchange’s Web site                 in the class.                                          today, a Market Maker must provide a
                                                at www.ise.com, at the principal office                    The Exchange proposes to adopt new                  specified percentage of quote size
                                                of the Exchange, and at the                             rule text, which continues to require a                (‘‘Percentage Threshold’’), of not less
                                                Commission’s Public Reference Room.                     market maker to provide parameters by                  than 1%, by which the System will
                                                                                                        which the Exchange will automatically                  automatically remove a Market Maker’s
                                                II. Self-Regulatory Organization’s                      remove a market maker’s quotations in                  quotes in all series of an options class.
                                                Statement of the Purpose of, and                        all series of an options class. If a market            The Exchange is adding more detail
                                                Statutory Basis for, the Proposed Rule                  maker does not provide parameters then                 about the manner in which the System
                                                Change                                                  the Exchange will apply default                        will calculate percentages and
                                                   In its filing with the Commission, the               parameters announced to members. This                  amending the current rule to change its
                                                Exchange included statements                            is not being amended, rather it is being               operation. For each series in an options
                                                concerning the purpose of and basis for                 expanded.                                              class, the System will determine (i)
                                                                                                           The proposed rule text in 804(g)(1)
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                                                the proposed rule change and discussed                                                                         during a Specified Time Period and for
                                                any comments it received on the                         makes clear that market makers are                     each side in a given series, a percentage
                                                proposed rule change. The text of these                 required to utilize the Percentage,                    calculated by dividing the size of a
                                                statements may be examined at the                       Volume, Delta and Vega Thresholds,                     Market Maker’s quote size executed in
                                                                                                        each a Threshold, described in                         a particular series (the numerator) by
                                                  11 17 CFR 200.30–3(a)(12).                            subsections (A)–(D) in the new rule text.              the Marker Maker’s quote size available
                                                  1 15 U.S.C. 78s(b)(1).                                These are the same risk parameters that                at the time of execution plus the total
                                                  2 17 CFR 240.19b–4.                                   are offered today by ISE. The Exchange                 number of the Market Marker’s quote


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                                                28110                          Federal Register / Vol. 82, No. 117 / Tuesday, June 20, 2017 / Notices

                                                size previously executed during the                     remove a market maker’s quotes in all                  a re-entry indicator to re-enter the
                                                unexpired Specified Time Period (the                    series of an underlying security. For                  System.
                                                denominator) (‘‘Series Percentage’’); and               each class of options, the System will                    Proposed Rule 804(g)(5) provides
                                                (ii) the sum of the Series Percentages in               maintain a Delta counter, which tracks                 more detail about default parameters as
                                                the options class (‘‘Issue Percentage’’)                the absolute value of the difference                   mentioned above. If a market maker
                                                during a Specified Time Period. The                     between (i) purchased call contracts                   does not provide a parameter for each of
                                                System will track and calculate the net                 plus sold put contracts and (ii) sold call             the automated quotation removal
                                                impact of positions in the same option                  contracts plus purchased put contracts.                Thresholds described in Rule
                                                issue; long call percentages are offset by              If the Delta counter exceeds the Delta                 804(g)(1)(A–D) above, the Exchange will
                                                short call percentages, and long put                    Threshold established by the Member,                   apply default parameters, which are
                                                percentages are offset by short put                     the System will automatically remove a                 announced to Members. This language
                                                percentages in the Issue Percentage. The                market maker’s quotes in all series of                 exists today in the current text and is
                                                Exchange also notes that in calculating                 the options class.                                     being memorialized herein.
                                                the Percentage the System will compare                     Proposed Rule 804(g)(1)(D) describes                   Finally, proposed Rule 804(g)(6)
                                                the number of contracts executed in that                in greater detail the operation of the                 describes the interaction between the
                                                series relative to the size of the quote at             Vega Threshold. As is the case today on                four Thresholds and the market wide
                                                the time of the execution plus the                      ISE’s system, a market maker must                      parameter. In addition to the Thresholds
                                                number of executed contracts that have                  provide a Vega Threshold by which the                  described in Rule 804(g)(1)(A)–(D)
                                                occurred in the current time period. The                System will automatically remove a                     above, a market maker must provide a
                                                current system calculates the Percentage                Market Maker’s quotes in all series of an              market wide parameter by which the
                                                risk parameter by comparing the                         options class. For each class of options,              Exchange will automatically remove a
                                                number of contracts executed in that                    the System will maintain a Vega                        market maker’s quotes in all classes
                                                series relative to the size of the original             counter, which tracks the absolute value               when, during a time period established
                                                quote only at the time of the execution.                of purchased contracts minus sold                      by the market maker, the total number
                                                This difference is captured within the                  contracts. If the Vega counter exceeds                 of quote removal events specified in
                                                proposed rule text. The Exchange notes                  the Vega Threshold established by the                  Rule 804(g)(1)(A)–(D) exceeds the
                                                that with the upcoming migration from                   Member, the System will automatically                  market wide parameter provided to the
                                                ISE’s current system to the INET system                 remove a Market Maker’s quotes in all                  Exchange by the market maker. As is the
                                                the manner in which the System offsets                  series of the options class.                           case today, Market Makers may request
                                                will change. The current ISE system                        Proposed Rule 804(g)(2) provides                    the Exchange to set the market wide
                                                does not offset, in that long call                      more detail about the System’s current                 parameter to apply to just Nasdaq ISE or
                                                percentages are not offset by short call                operation with respect to quote removal.               across Nasdaq ISE and GEMX.
                                                percentages, and long put percentages                   The System will automatically remove                      Below are some illustrative examples
                                                are not offset by short put percentages.                quotes in all options in an underlying                 of the Percentage and Volume risk
                                                The proposed System however will                        security when the Percentage                           parameters.
                                                track and calculate the net impact.3 The                Threshold, Volume Threshold, Delta                        Example #1: Describes the Percentage
                                                Exchange notes this difference in the                   Threshold or Vega Threshold has been                   risk parameter. Presume the following
                                                calculation and seeks to memorialize                    exceeded. The System will send a Purge                 Order Book:
                                                the change in the process upon the                      Notification Message to the Market
                                                                                                        Maker for all affected series when any                  Series of underlying               Size on bid x offer for
                                                migration to INET. The proposed rule                                                                                    XYZ                                MM1
                                                will provide participants with greater                  of the above thresholds have been
                                                clarity as to the operation of the                      exceeded. The Percentage Threshold,                    100   Strike   Call    ..........   300x300
                                                Percentage risk feature on INET. The                    Volume Threshold, Delta Threshold and                  100   Strike   Put    ...........   50x50
                                                proposed text indicates that if the Issue               Vega Threshold are considered                          110   Strike   Call    ..........   200x200
                                                Percentage exceeds the Percentage                       independently of each other. Quotes                    110   Strike   Put    ...........   150x150
                                                Threshold the System will                               will be automatically executed up to the
                                                automatically remove a market maker’s                   Market Maker’s size regardless of                        In this example, assume the Specified
                                                quotes in all series of the options class.              whether the execution of such quotes                   Time Period designated by the Market
                                                   Proposed Rule 804(g)(1)(B) describes                 would cause the Market Maker to                        Maker #1 is 10 seconds and the
                                                in greater detail the operation of the                  exceed the Percentage Threshold,                       Percentage Threshold is set to 100%.
                                                Volume Threshold. As is the case today                  Volume Threshold, Delta Threshold or                   Assume at 12:00:00, Market Maker #1
                                                on ISE’s current system, a market maker                 Vega Threshold.                                        executes 100 contracts of his offer size,
                                                must provide a Volume Threshold by                         Proposed Rule 804(g)(3) provides                    200 contracts, in the 110 Strike Calls.
                                                which the System will automatically                     more detail about the manner in which                  This represents an execution equaling
                                                remove a market maker’s quotes in all                   the System resets the counting of the                  50% (100 contracts of the 200 contract
                                                series of an underlying security when                   various risk parameters.                               quote size) of the 100% Percentage
                                                the market maker executes a number of                   Notwithstanding the automatic removal                  Threshold. Assume at 12:00:01, Market
                                                contracts which exceeds the designated                  of quotes described in the rule, if a                  Maker #1 executes 50 additional
                                                number of contracts in all options series               market maker requests the System to                    contracts in the same 110 Strike Calls.
                                                in an options class.                                    remove quotes in all options series in an              This execution equates to an additional
                                                   Proposed Rule 804(g)(1)(C) describes                 options class, the System will                         25% ((50 contracts/(100 remaining
                                                                                                                                                               quote size +100 contracts already
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                                                in greater detail the operation of the                  automatically reset all Thresholds.
                                                Delta Threshold. As is the case today on                   Proposed Rule 804(g)(4) provides                    executed within the Specified Time
                                                ISE’s current system, a market maker                    more detail about the process to re-                   Period)) for a net 75% Series Percentage
                                                must provide a Delta Threshold by                       initiate quoting. When the System                      count toward the 100% Percentage
                                                which the System will automatically                     removes quotes because the Percentage                  Threshold. If at 12:00:03, Market Maker
                                                                                                        Threshold, Volume Threshold, Delta                     #1 executes the full size of his bid (50
                                                  3 The net impact of positions takes into account      Threshold or Vega Threshold were                       contracts) in the 100 Strike Put, the
                                                the offsets noted herein.                               exceeded, the market maker must send                   System will automatically remove all of


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                                                                                Federal Register / Vol. 82, No. 117 / Tuesday, June 20, 2017 / Notices                                             28111

                                                Market Maker #1’s quotes in Underlying                   Series of underlying        Size on bid x offer for     platform as the symbols migrate to that
                                                XYZ since the execution caused his                               XYZ                         MM1                 platform.
                                                100% Percentage Threshold to be
                                                                                                        100 Strike Put ...........   50x50                       2. Statutory Basis
                                                exceeded; the execution in the 100
                                                Strike Put added 100% Series                            110 Strike Call ..........   200x200                        The Exchange believes that its
                                                                                                        110 Strike Put ...........   150x150                     proposal is consistent with Section 6(b)
                                                Percentage to his previously calculated
                                                Series Percentage of 75% totaling 175%                                                                           of the Act 6 in general, and furthers the
                                                Issue Percentage. No further quotes for                    In this example, assume the Specified                 objectives of Section 6(b)(5) of the Act 7
                                                Market Maker #1 in Underlying XYZ                       Time Period designated by the Market                     in particular, in that it is designed to
                                                will be available until re-entry. The                   Maker #1 is 10 seconds and the                           promote just and equitable principles of
                                                Specified Time Period will be reset for                 designated number of contracts                           trade, to remove impediments to and
                                                Market Maker #1 in options class XYZ                    permitted for the Volume-Based                           perfect the mechanism of a free and
                                                and Market Maker #1 will need to send                   Threshold is 250 contracts. Assume at                    open market and a national market
                                                a re-entry indicator in order to re-enter               12:00:00, the Market Maker #1 executes                   system, and, in general to protect
                                                quotes in options series for options class              all of his offer size, 200 contracts, in the             investors and the public interest, by
                                                XYZ into the System.                                    110 Strike Calls. The System will                        memorializing, with greater detail, the
                                                   Example #2 is another example of the                 initiate the Specified Time Period and                   risk protections available to market
                                                Percentage Threshold. Presume the                       for 10 seconds the System will count all                 makers. The described Thresholds serve
                                                following Order Book:                                   volume executed in series of options                     to decrease risk and increase stability.
                                                   In this example, assume Market                       class XYZ. If at any point during that 10                Additionally, because the Exchange
                                                Maker #1 has Percentage Threshold set                   second period, the Market Maker #1                       offers these risk tools to market makers,
                                                at 100% with a Specified Time Period                    executes additional contracts in any                     in order to encourage them to provide
                                                over 5 seconds. Assume at 12:00:00,                     series of the options class XYZ, those                   as much liquidity as possible and
                                                Market Maker #1 is quoting the XYZ 20                   contracts will be added to the initial                   encourage market making generally, the
                                                strike calls at 1.00 (10)¥1.20 (10). An                 execution of 200 contracts. To illustrate,               proposal removes impediments to and
                                                incoming Order to buy 5 contracts for                   assume at 12:00:05 the Market Maker #1                   perfects the mechanism of a free and
                                                1.20 trades against Market Maker #1’s                   executes 60 contracts of his offer in the                open market and a national market
                                                quote. Based on this trade, the Series                  100 Strike Calls. The total volume                       system and protects investors and the
                                                Percentage Threshold calculation is 5/                  executed is now 260 contracts. Since                     public interest. The Exchange believes
                                                [(10) + (0)] = 5/10 = 50%. Since this is                that volume exceeds the Market Maker                     that amending Rule 804(g) to add more
                                                the only execution during the Time                      #1’s designated number of contracts for                  clarifying text, which explains in greater
                                                Period, 50% also represents the Issue                   the Volume Threshold (250 contracts),                    detail the manner in which the four
                                                Percentage, therefore Market Maker #1’s                 all of his quotes in all series of the                   Thresholds operate, will bring more
                                                quote is now 1.00 (10)¥1.20 (5).                        options class XYZ over the Specialized                   transparency to the rule which serves to
                                                   Next, assume at 12:00:01 an Incoming                 Quote Feed 4 will be removed from the                    protect investors and the public interest,
                                                Order to buy 2 contracts for 1.20 trades                System; no further quotes will be                        because market makers will be more
                                                against Market Maker #1’s quote. Based                  executed until re-entry. The Volume                      informed about the manner in which the
                                                on this trade, the Series Percentage                    Specified Time Period will be reset for                  functionality operates.
                                                Threshold calculation is 2/[(5) + (5)] =                Market Maker #1 in options class XYZ                        In addition, the Exchange’s proposal
                                                2/10 = 20%. The Issue Percentage                        and Market Maker #1 will need to send                    to amend the current Percentage
                                                calculation is the sum of Series                        a re-entry indicator in order to re-enter                Threshold to: (i) Calculate offsets; and
                                                Percentages during the time period, or                  quotes in options series for options class               (ii) calculate the Percentage Threshold
                                                50% + 20% = 70%.                                        XYZ into the System.                                     during a Specified Time Period and for
                                                   Finally, presume Market Maker #1’s                                                                            each side in a given series, a percentage,
                                                                                                        Implementation                                           by dividing the size of a Market Maker’s
                                                quote is now 1.00 (10)¥1.20 (3). At
                                                12:00:02, Market Maker #1 updates his                     The Exchange will begin a system                       quote size executed in a particular series
                                                quote in the XYZ 20 strike calls to                     migration to Nasdaq INET in Q2 of                        (the numerator) by the Marker Maker’s
                                                increase his offer size back to 10                      2017.5 The migration will be on a                        quote size available at the time of
                                                contracts, 1.00 (10)¥1.20 (10). An                      symbol by symbol basis as specified by                   execution plus the total number of the
                                                incoming Order to buy 6 contracts for                   the Exchange in a notice to Members.                     Market Marker’s quote size previously
                                                1.20 trades against Market Maker #1’s                   The Exchange is proposing to                             executed during the unexpired
                                                quote. Based on this trade, the Series                  implement this rule change on the INET                   Specified Time Period, will provide
                                                Percentage Threshold calculation: 6/                                                                             Market Makers with greater precision in
                                                [(10) + (7)] = 6/17 = 35.29%. The Issue                    4 The Specialized Quote Feed interface that           calculating quoting risks. The Exchange
                                                Percentage calculation is the sum of                    allows market makers to connect and send quotes,         believes that providing Market Makers
                                                Series Percentages during the time
                                                                                                        sweeps and auction responses into GEMX. Data             with tools to calculate risk serves to
                                                                                                        includes the following: (1) Options Auction              perfect the mechanism of a free and
                                                period, or 50% + 20% + 35.29% =                         Notifications (e.g., opening imbalance, Flash, PIM,
                                                105.29%. In this scenario, Market Maler                 Solicitation and Facilitation or other information);     open market and a national market
                                                [sic] #1’s quotes are removed in all                    (2) Options Symbol Directory Messages; (3) System        system, and, in general to protect
                                                series of XYZ since his setting of 100%
                                                                                                        Event Messages (e.g., start of messages, start of        investors and the public interest
                                                                                                        system hours, start of quoting, start of opening); (4)   because Market Makers are better able to
                                                over 5 seconds has been exceeded.                       Option Trading Action Messages (e.g., halts,
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                                                   Example #3 describes the Volume                      resumes); (5) Execution Messages; and (6) Quote          manage risks with this risk tool.
                                                Threshold. Presume the following Order                  Messages (quote/sweep messages, risk protection             The Exchange further represents that
                                                Book:                                                   triggers or purge notifications).                        its proposal will continue to operate
                                                                                                           5 See Securities Exchange Act Release No. 80432
                                                                                                                                                                 consistently with the firm quote
                                                                                                        (April 11, 2017), 82 FR 18191 (April 17, 2017) (SR–
                                                 Series of underlying        Size on bid x offer for    ISE–2017–03) (Order Approving Proposed Rule
                                                                                                                                                                 obligations of a broker-dealer pursuant
                                                         XYZ                         MM1                Change, as Modified by Amendment No. 1, to
                                                                                                                                                                  6 15   U.S.C. 78f(b).
                                                                                                        Amend Various Rules in Connection with a System
                                                100 Strike Call ..........   300x300                    Migration to Nasdaq INET Technology).                     7 15   U.S.C. 78f(b)(5).



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                                                28112                          Federal Register / Vol. 82, No. 117 / Tuesday, June 20, 2017 / Notices

                                                to Rule 602 of Regulation NMS and that                  method in which the Percentage risk                       action is necessary or appropriate in the
                                                the functionality is mandatory.                         tool is calculated. The risk tools will                   public interest; for the protection of
                                                Specifically, any interest that is                      continue to reduce risk for market                        investors; or otherwise in furtherance of
                                                executable against a market maker’s                     makers in the event of a systems issue                    the purposes of the Act.
                                                quotes that are received 8 by the                       or due to the occurrence of unusual or
                                                Exchange prior to the time any of these                 unexpected market activity.                               IV. Solicitation of Comments
                                                functionalities are engaged will be                                                                                 Interested persons are invited to
                                                automatically executed at the price up                  C. Self-Regulatory Organization’s
                                                                                                        Statement on Comments on the                              submit written data, views and
                                                to the market maker’s size, regardless of                                                                         arguments concerning the foregoing,
                                                whether such execution results in                       Proposed Rule Change Received From
                                                                                                        Members, Participants, or Others                          including whether the proposed rule
                                                executions in excess of the market
                                                                                                                                                                  change is consistent with the Act.
                                                maker’s pre-set parameters.                               No written comments were either
                                                                                                                                                                  Comments may be submitted by any of
                                                                                                        solicited or received.
                                                B. Self-Regulatory Organization’s                                                                                 the following methods:
                                                Statement on Burden on Competition                      III. Date of Effectiveness of the
                                                                                                        Proposed Rule Change and Timing for                       Electronic Comments
                                                   The Exchange does not believe that
                                                the proposed rule change will impose                    Commission Action                                           • Use the Commission’s Internet
                                                any burden on competition not                              Because the foregoing proposed rule                    comment form (http://www.sec.gov/
                                                necessary or appropriate in furtherance                 change does not: (i) Significantly affect                 rules/sro.shtml); or
                                                of the purposes of the Act. Specifically,               the protection of investors or the public                   • Send an email to rule-comments@
                                                the proposal will not impose a burden                   interest; (ii) impose any significant                     sec.gov. Please include File Number SR–
                                                on intra-market or inter-market                         burden on competition; and (iii) become                   ISE–2017–42 on the subject line.
                                                competition, rather it provides market                  operative for 30 days from the date on
                                                makers with the continued opportunity                   which it was filed, or such shorter time                  Paper Comments
                                                to avail themselves of risk tools, [sic]                as the Commission may designate, it has
                                                The proposal does not impose a burden                                                                               • Send paper comments in triplicate
                                                                                                        become effective pursuant to Section
                                                on inter-market competition, because                    19(b)(3)(A)(iii) of the Act 10 and                        to Secretary, Securities and Exchange
                                                participants may choose to become                       subparagraph (f)(6) of Rule 19b–4                         Commission, 100 F Street NE.,
                                                market makers on a number of other                      thereunder.11                                             Washington, DC 20549–1090.
                                                options exchanges, which may have                          In its filing, ISE requests that the                   All submissions should refer to File
                                                similar but not identical features.9 The                Commission waive the 30-day operative                     Number SR–ISE–2017–42. This file
                                                proposed rule change is meant to                        delay in order to enable the Exchange to                  number should be included on the
                                                continue to protect market makers from                  coordinate the implementation of the                      subject line if email is used. To help the
                                                inadvertent exposure to excessive risk.                 proposed rule changes with its planned                    Commission process and review your
                                                Accordingly, the proposed rule change                   migration to the INET platform, which                     comments more efficiently, please use
                                                will have no impact on competition.                     has commenced.12 Although the                             only one method. The Commission will
                                                The Exchange’s proposal to amend the                    Exchange proposes certain technical                       post all comments on the Commission’s
                                                current Percentage Based risk feature to:               changes to how the risk parameters will                   Internet Web site (http://www.sec.gov/
                                                (i) Calculate offsets; and (ii) calculate               operate (e.g., limiting the Specified                     rules/sro.shtml). Copies of the
                                                the Percentage Threshold during a                       Time Period to 30 seconds), the
                                                Specified Time Period and for each side                                                                           submission, all subsequent
                                                                                                        proposed changes are largely intended                     amendments, all written statements
                                                in a given series, a percentage, by                     to provide more detail about the
                                                dividing the size of a Market Maker’s                                                                             with respect to the proposed rule
                                                                                                        operation of the existing risk                            change that are filed with the
                                                quote size executed in a particular series              parameters. Accordingly, the
                                                (the numerator) by the Market Maker’s                                                                             Commission, and all written
                                                                                                        Commission believes that granting a                       communications relating to the
                                                quote size available at the time of                     waiver of the operative delay is
                                                execution plus the total number of the                                                                            proposed rule change between the
                                                                                                        consistent with the protection of                         Commission and any person, other than
                                                Market Marker’s quote size previously                   investors and the public interest and
                                                executed during the unexpired                                                                                     those that may be withheld from the
                                                                                                        therefore designates the proposed rule                    public in accordance with the
                                                Specified Time Period,, [sic] does not
                                                                                                        change to be operative upon filing.13                     provisions of 5 U.S.C. 552, will be
                                                impose an undue burden on
                                                                                                           At any time within 60 days of the                      available for Web site viewing and
                                                competition and is non-controversial
                                                                                                        filing of the proposed rule change, the                   printing in the Commission’s Public
                                                because the Exchange offers a
                                                                                                        Commission summarily may                                  Reference Room, 100 F Street NE.,
                                                Percentage Threshold today. The
                                                                                                        temporarily suspend such rule change if                   Washington, DC 20549, on official
                                                proposed changes to the Percentage risk
                                                                                                        it appears to the Commission that such                    business days between the hours of
                                                tool simply add more precision to the
                                                existing calculation to permit Market                                                                             10:00 a.m. and 3:00 p.m. Copies of the
                                                                                                          10 15  U.S.C. 78s(b)(3)(A)(iii).
                                                Makers to better control their risk with                  11 17
                                                                                                                                                                  filing also will be available for
                                                                                                                 CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                                respect to quoting.                                     4(f)(6) requires a self-regulatory organization to give
                                                                                                                                                                  inspection and copying at the principal
                                                   Further, the Exchange is                             the Commission written notice of its intent to file       office of the Exchange. All comments
                                                memorializing more detail concerning                    the proposed rule change at least five business days      received will be posted without change;
                                                                                                        prior to the date of filing of the proposed rule          the Commission does not edit personal
                                                the function of the Thresholds with this
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                                                                                                        change, or such shorter time as designated by the
                                                rule proposal and making clear the                      Commission. The Exchange has satisfied this
                                                                                                                                                                  identifying information from
                                                                                                        requirement.                                              submissions. You should submit only
                                                  8 The time of receipt is the time such message is        12 See supra note 5 and accompanying text.             information that you wish to make
                                                processed by the Order Book.                               13 For purposes only of waiving the 30-day             available publicly. All submissions
                                                  9 See BATS Rule 21.16, BOX Rules 8100 and             operative delay, the Commission has also                  should refer to File Number SR–ISE–
                                                8110, C2 Rule 8.12, CBOE Rule 8.18, MIAX Rule           considered the proposed rule’s impact on
                                                612, NYSE MKT Rule 928NY and NYSE Arca Rule             efficiency, competition, and capital formation. See
                                                                                                                                                                  2017–42 and should be submitted on or
                                                6.40.                                                   15 U.S.C. 78c(f).                                         before July 11, 2017.


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                                                                               Federal Register / Vol. 82, No. 117 / Tuesday, June 20, 2017 / Notices                                                  28113

                                                  For the Commission, by the Division of                any comments it received on the                        experience that they receive on Phlx
                                                Trading and Markets, pursuant to delegated              proposed rule change. The text of these                today.
                                                authority.14                                            statements may be examined at the
                                                Eduardo A. Aleman,                                                                                             Current Opening Process
                                                                                                        places specified in Item IV below. The
                                                Assistant Secretary.                                    Exchange has prepared summaries, set                      Today, for each class of options that
                                                [FR Doc. 2017–12893 Filed 6–19–17; 8:45 am]             forth in sections A, B, and C below, of                has been approved for trading, the
                                                BILLING CODE 8011–01–P                                  the most significant aspects of such                   opening rotation is conducted by the
                                                                                                        statements.                                            Primary Market Maker (‘‘PMM’’)
                                                                                                                                                               appointed to such class of options
                                                SECURITIES AND EXCHANGE                                 A. Self-Regulatory Organization’s                      pursuant to MRX Rule 701(b)(1). The
                                                COMMISSION                                              Statement of the Purpose of, and                       Exchange may direct that one or more
                                                                                                        Statutory Basis for, the Proposed Rule                 trading rotations be employed on any
                                                [Release No. 34–80937; File No. SR–MRX–                 Change                                                 business day to aid in producing a fair
                                                2017–01]
                                                                                                        1. Purpose                                             and orderly market pursuant to MRX
                                                Self-Regulatory Organizations; Nasdaq                                                                          Rule 701(a)(1). For each rotation so
                                                                                                           The purpose of this rule change is to               employed, except as the Exchange may
                                                MRX, LLC; Notice of Filing of Proposed                  amend the MRX opening process in
                                                Rule Change, as Modified by                                                                                    direct, rotations are conducted in the
                                                                                                        connection with a technology migration                 order and manner the PMM determines
                                                Amendment No. 2 Thereto, To Amend                       to a Nasdaq, Inc. (‘‘Nasdaq’’) supported
                                                the Opening Process                                                                                            to be appropriate under the
                                                                                                        architecture. INET is the proprietary                  circumstances pursuant to MRX Rule
                                                June 15, 2017.                                          core technology utilized across Nasdaq’s               701(a)(2). The PMM, with the approval
                                                   Pursuant to Section 19(b)(1) of the                  global markets and utilized on The                     of the Exchange, has the authority to
                                                Securities Exchange Act of 1934                         NASDAQ Options Market LLC                              determine the rotation order and
                                                (‘‘Act’’),1 and Rule 19b–4 thereunder,2                 (‘‘NOM’’), NASDAQ PHLX LLC (‘‘Phlx’’)                  manner and may also employ multiple
                                                notice is hereby given that on May 31,                  and NASDAQ BX, Inc. (‘‘BX’’)                           trading rotations simultaneously
                                                2017, Nasdaq MRX, LLC (‘‘MRX’’ or                       (collectively ‘‘Nasdaq Exchanges’’). The               pursuant to MRX Rule 701(a)(3).
                                                ‘‘Exchange’’) filed with the Securities                 migration of MRX to the Nasdaq INET                       Trading rotations are employed at the
                                                and Exchange Commission                                 architecture would result in higher                    opening of the Exchange each business
                                                (‘‘Commission’’) the proposed rule                      performance, scalability, and more                     day and during the reopening of the
                                                change as described in Items I and II                   robust architecture. With this system                  market after a trading halt pursuant to
                                                below, which Items have been prepared                   migration, the Exchange intends to                     MRX Rule 701(b). The opening rotation
                                                by the Exchange. On June 14, 2017, the                  adopt the Phlx opening process.                        in each class of options is held promptly
                                                Exchange filed Amendment No. 1 to the                      The Exchange intends to begin                       following the opening of the market for
                                                proposal. On June 14, 2017, the                         implementation of the proposed rule                    the underlying security.4 The opening
                                                Exchange withdrew Amendment No.1                        change in Q3 2017. The migration will                  rotation for options contracts in an
                                                and filed Amendment No. 2 to the                        be on a symbol by symbol basis, and the                underlying security is delayed until the
                                                proposal, which replaced and                            Exchange will issue an alert to Members                market for such underlying security has
                                                superseded the original filing in its                   to provide notification of the symbols                 opened unless the Exchange determines
                                                entirety. The Commission is publishing                  that will migrate and the relevant dates.              that the interests of a fair and orderly
                                                this notice to solicit comments on the                  Generally                                              market are best served by opening
                                                proposed rule change, as modified by                                                                           trading in the options contracts
                                                Amendment No. 2, from interested                           With the re-platform, the Exchange                  pursuant to MRX Rule 701(b)(3).
                                                persons.                                                will now be built on the Nasdaq INET                      Market Makers on MRX are held to
                                                                                                        architecture, which allows certain                     quoting obligations as outlined in MRX
                                                I. Self-Regulatory Organization’s                       trading system functionality to be                     Rule 803. Further, Market Makers
                                                Statement of the Terms of Substance of                  performed in parallel. The Exchange                    quotes prior to the opening rotation,
                                                the Proposed Rule Change                                believes that this architecture change                 including PMM quotes, are permitted
                                                   The Exchange proposes to mend the                    will improve the Member experience by                  with spread differential of no more than
                                                opening process. This Amendment No.                     reducing overall latency compared to                   $0.25 between the bid and offer for each
                                                2 supersedes the original filing in its                 the current MRX system because of the                  options contract for which the bid is
                                                entirety.                                               manner in which the system is                          less than $2, no more than $0.40 where
                                                   The text of the proposed rule change                 segregated into component parts to                     the bid is at least $2 but does not exceed
                                                is available on the Exchange’s Web site                 handle processing.                                     $5, no more than $0.50 where the bid
                                                at www.ise.com, at the principal office                 Opening Rotation                                       is more than $5 but does not exceed
                                                of the Exchange, and at the                                                                                    $10, no more than $0.80 where the bid
                                                Commission’s Public Reference Room.                        MRX will replace its current opening                is more than $10 but does not exceed
                                                                                                        process at Rule 701 with Phlx’s Opening                $20, and no more than $1 where the bid
                                                II. Self-Regulatory Organization’s                      Process.3 The Exchange believes that the
                                                Statement of the Purpose of, and                                                                               is $20 or greater, provided that the
                                                                                                        proposed opening process will provide                  Exchange may establish differences
                                                Statutory Basis for, the Proposed Rule                  a similar experience for Members and
                                                Change                                                                                                         other than the above for one or more
                                                                                                        investors that trade on MRX to the                     options series, as specified in MRX Rule
sradovich on DSK3GMQ082PROD with NOTICES




                                                  In its filing with the Commission, the
                                                Exchange included statements                              3 See Phlx Rule 1017. See also Securities               4 The ‘‘market for the underlying security’’ is

                                                concerning the purpose of and basis for                 Exchange Act Release No. 79274 (November 9,            either the primary listing market, the primary
                                                the proposed rule change and discussed                  2016), 81 FR 80694 (November 16, 2016) (SR–Phlx–       volume market (defined as the market with the most
                                                                                                        2017–79) (notice of Filing of Partial Amendment        liquidity in that underlying security for the
                                                                                                        No. 2 and Order Granting Approval of a Proposed        previous two calendar months), or the first market
                                                  14 17 CFR 200.30–3(a)(12) and (59).                   Rule Change, as Modified by Partial Amendment          to open the underlying security, as determined by
                                                  1 15 U.S.C. 78s(b)(1).                                No. 2, to Amend PHLX Rule 1017, Openings in            the Exchange on an issue-by-issue basis. See MRX
                                                  2 17 CFR 240.19b–4.                                   Options).                                              Rule 701(b)(2).



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Document Created: 2017-06-20 02:20:39
Document Modified: 2017-06-20 02:20:39
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 28109 

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