82_FR_3064 82 FR 3058 - Self-Regulatory Organizations; ISE Mercury, LLC; Order Approving a Proposed Rule Change To Modify the Response Times in the Block Mechanism, Facilitation Mechanism, Solicited Order Mechanism, and Price Improvement Mechanism

82 FR 3058 - Self-Regulatory Organizations; ISE Mercury, LLC; Order Approving a Proposed Rule Change To Modify the Response Times in the Block Mechanism, Facilitation Mechanism, Solicited Order Mechanism, and Price Improvement Mechanism

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 6 (January 10, 2017)

Page Range3058-3059
FR Document2017-00215

Federal Register, Volume 82 Issue 6 (Tuesday, January 10, 2017)
[Federal Register Volume 82, Number 6 (Tuesday, January 10, 2017)]
[Notices]
[Pages 3058-3059]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-00215]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79731; File No. SR-ISEMercury-2016-21]


Self-Regulatory Organizations; ISE Mercury, LLC; Order Approving 
a Proposed Rule Change To Modify the Response Times in the Block 
Mechanism, Facilitation Mechanism, Solicited Order Mechanism, and Price 
Improvement Mechanism

January 4, 2017.

I. Introduction

    On November 8, 2016, ISE Mercury, LLC (the ``Exchange'' or ``ISE 
Mercury'') filed with the Securities and Exchange Commission 
(``Commission'') pursuant to Section 19(b)(1) of the Securities 
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a 
proposed rule change to amend ISE Mercury Rules 716 (Block Trades) and 
723 (Price Improvement Mechanism for Crossing Transactions) to modify 
the response times in the Block Order Mechanism, Facilitation 
Mechanism, Solicited Order Mechanism, and Price Improvement Mechanism 
(``PIM'') from 500 milliseconds to a time period designated by the 
Exchange of no less than 100 milliseconds and no more than 1 second. 
The proposed rule change was published for comment in the Federal 
Register on November 25, 2016.\3\ No comment letters were received on 
the proposed rule change. This order approves the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 79354 (November 18, 
2016), 81 FR 85295 (``Notice'').
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II. Description of the Proposed Rule Change

    ISE Mercury Rule 716 (Block Trades) contains the requirements 
applicable to the execution of orders using the Block Order Mechanism, 
Facilitation Mechanism, and Solicited Order Mechanism. The Block Order 
Mechanism allows ISE Mercury members to obtain liquidity for the 
execution of a block-size order.\4\ The Facilitation and Solicited 
Order Mechanisms allow ISE Mercury members to enter cross transactions 
seeking price improvement.\5\ ISE Mercury Rule 723 (Price Improvement 
Mechanism for Crossing Transactions) contains the requirements 
applicable to the execution of orders using the PIM. The PIM allows ISE 
Mercury members to enter cross transactions of any size. The 
Facilitation, Solicited Order Mechanisms, and PIM allow for ISE Mercury 
members to designate certain customer orders for price improvement and 
submit such orders into one of the mechanisms with a matching contra 
order. Once such an order is submitted, ISE Mercury commences an 
auction by broadcasting a message to all ISE Mercury members that 
includes the series, price, size, and side of the market.\6\ Further, 
responses within the PIM (i.e., Improvement Orders), are also broadcast 
to market participants during the auction.
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    \4\ Block-size orders are orders for 50 contracts or more. See 
ISE Mercury Rule 716(a).
    \5\ Only block-size orders can be entered into the Facilitation 
Mechanism, whereas only orders for 500 contracts or more can be 
entered into the Solicited Order Mechanism. See ISE Mercury Rule 
716(d) and (e).
    \6\ ISE Mercury members may choose to hide the size, side, and 
price when entering orders into the Block Order Mechanism.
---------------------------------------------------------------------------

    Orders entered into the Block Order Mechanism, Facilitation 
Mechanism, Solicited Order Mechanism, and PIM are currently exposed to 
all market participants for 500 milliseconds, giving them an 
opportunity to enter additional trading interest before the orders are

[[Page 3059]]

automatically executed. Under the proposal, ISE Mercury would determine 
an exposure period for each of the four mechanisms that is no less than 
100 milliseconds and no more than 1 second.\7\
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    \7\ While the proposed rule change would allow ISE Mercury to 
increase the exposure period up to 1 second, ISE Mercury stated that 
it currently intends to decrease the time period allowed for 
responses to 100 milliseconds. See Notice, supra note 3, at 85297. 
ISE Mercury further noted that its proposal is consistent with 
exposure periods permitted in similar mechanisms on other options 
exchanges. See id. at 85296. See also Securities Exchange Act 
Release Nos. 76301 (October 29, 2015), 80 FR 68347 (November 4, 
2015) (SR-BX-2015-032) and 77557 (April 7, 2016), 81 FR 21935 (April 
13, 2016) (SR-Phlx-2016-40).
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III. Discussion and Commission's Findings

    After careful review, the Commission finds that the proposed rule 
change is consistent with the requirements of the Act and the rules and 
regulations thereunder applicable to a national securities exchange.\8\ 
In particular, the Commission finds that the proposed rule change is 
consistent with Section 6(b)(5) of the Act,\9\ which requires, among 
other things, that the rules of a national securities exchange be 
designed to promote just and equitable principles of trade, to foster 
cooperation and coordination with persons engaged in regulating 
transactions in securities, 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, and not be 
designed to permit unfair discrimination between customers, issuers, 
brokers, or dealers. The Commission also finds that the proposed rule 
change is consistent with Section 6(b)(8) of the Act,\10\ which 
requires that the rules of an exchange not impose any burden on 
competition that is not necessary or appropriate in furtherance of the 
purposes of the Act.
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    \8\ In approving this proposed rule change, the Commission has 
considered the proposed rule's impact on efficiency, competition, 
and capital formation. See 15 U.S.C. 78c(f).
    \9\ 15 U.S.C. 78f(b)(5).
    \10\ 15 U.S.C. 78f(b)(8).
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    The Commission believes that, given the electronic environment of 
ISE Mercury, reducing each of the exposure periods from 500 
milliseconds to no less than 100 milliseconds could facilitate the 
prompt execution of orders, while continuing to provide market 
participants with an opportunity to compete for exposed bids and 
offers. To substantiate that its members could receive, process, and 
communicate a response back to ISE Mercury within 100 milliseconds, ISE 
Mercury stated that it surveyed all International Securities Exchange, 
LLC (``ISE'') and ISE Gemini, LLC (``ISE Gemini'') members that 
responded to an auction in the period beginning July 1, 2015 and ending 
January 15, 2016.\11\ Each of the twenty-one members surveyed indicated 
that they can currently receive, process, and communicate a response 
back to the exchange within 100 milliseconds.\12\ To implement the 
reduced exposure periods and help ensure that ISE Mercury's and its 
members' systems are working properly given the faster response times, 
ISE Mercury will reduce the auction time over a period of weeks, ending 
at 100 milliseconds. Upon effectiveness of the proposal, and at least 
six weeks prior to implementation of the proposed rule change, ISE 
Mercury will issue a circular to its members, informing them of the 
implementation date of the reduction of the auction from 500 
milliseconds to the auction time designated by ISE Mercury (100 
milliseconds) to allow members the opportunity to perform systems 
changes. ISE Mercury also represented that it will issue a circular at 
least four weeks prior to any future changes, as permitted by its 
rules, to the auction time.\13\ In addition, ISE Mercury reviewed all 
executions occurring in the mechanisms by ISE Mercury members from 
March 28, 2016 to April 25, 2016. This review of executions in the 
mechanisms indicated that approximately 98% of responses that resulted 
in price improving executions at the conclusion of an auction were 
submitted within 500 milliseconds. Approximately 94% of responses that 
resulted in price improving executions at the conclusion of an auction 
were submitted within 100 milliseconds, and 83% were submitted within 
50 milliseconds of the initial order.\14\ Furthermore, with regard to 
the impact of the proposal on system capacity, ISE Mercury has analyzed 
its capacity and represented that it has the necessary systems capacity 
to handle the potential additional traffic associated with the 
additional transactions that may occur with the implementation of the 
reduction in the auction duration to no less than 100 milliseconds.\15\
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    \11\ ISE Mercury launched on February 16, 2016, after the survey 
had been completed. ISE and ISE Gemini are affiliates of ISE Mercury 
that also offer a Block Order Mechanism, Facilitation Mechanism, 
Solicited Order Mechanism, and PIM. See Notice, supra note 3, at 
85297 n.12.
    \12\ ISE Mercury believes the survey results apply equally to 
ISE Mercury as all current ISE Mercury members are also members of 
ISE or ISE Gemini, which are affiliates of ISE Mercury, and the same 
functionality for auction responses offered on ISE Mercury is also 
offered on these affiliated exchanges. See Notice, supra note 3, at 
85297. ISE Mercury further represents that its trading system has 
comparable latency to both ISE and ISE Gemini. See id.
    \13\ See id. at 85298.
    \14\ See id. at 85297.
    \15\ See id.
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    Based on ISE Mercury's statements, the Commission believes that 
market participants should continue to have opportunities to compete 
for exposed bids and offers within an exposure period of no less than 
100 milliseconds and no more than 1 second.\16\ Accordingly, the 
Commission believes that it is consistent with the Act for the Exchange 
to modify the response times in the Block Mechanism, Facilitation 
Mechanism, Solicited Order Mechanism, and PIM from 500 milliseconds to 
a time period designated by the Exchange of no less than 100 
milliseconds and no more than 1 second.
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    \16\ The Commission notes that the ability to designate such an 
exposure time period is consistent with the rules of other options 
exchanges. See supra note 7. See also NASDAQ Phlx Rule 
1080(n)(ii)(A)(4) and NASDAQ BX Options Rules Chapter VI, Section 
9(ii)(A)(3).
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IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the 
Act,\17\ that the proposed rule change (SR-ISEMercury-2016-21) be, and 
hereby is, approved.
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    \17\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\18\
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    \18\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-00215 Filed 1-9-17; 8:45 am]
 BILLING CODE 8011-01-P



                                               3058                           Federal Register / Vol. 82, No. 6 / Tuesday, January 10, 2017 / Notices

                                               shares beyond the limits of section                     to the Feeder Fund beyond the                           Transactions) to modify the response
                                               12(d)(1)(A) of the Act; and the Funds,                  limitations in section 12(d)(1)(B).                     times in the Block Order Mechanism,
                                               and any principal underwriter for the                      10. Section 6(c) of the Act permits the              Facilitation Mechanism, Solicited Order
                                               Funds, and/or any broker or dealer                      Commission to exempt any persons or                     Mechanism, and Price Improvement
                                               registered under the Exchange Act, to                   transactions from any provision of the                  Mechanism (‘‘PIM’’) from 500
                                               sell shares to Funds of Funds beyond                    Act if such exemption is necessary or                   milliseconds to a time period designated
                                               the limits of section 12(d)(1)(B) of the                appropriate in the public interest and                  by the Exchange of no less than 100
                                               Act. The application’s terms and                        consistent with the protection of                       milliseconds and no more than 1
                                               conditions are designed to, among other                 investors and the purposes fairly                       second. The proposed rule change was
                                               things, help prevent any potential (i)                  intended by the policy and provisions of                published for comment in the Federal
                                               undue influence over a Fund through                     the Act. Section 12(d)(1)(J) of the Act                 Register on November 25, 2016.3 No
                                               control or voting power, or in                          provides that the Commission may                        comment letters were received on the
                                               connection with certain services,                       exempt any person, security, or                         proposed rule change. This order
                                               transactions, and underwritings, (ii)                   transaction, or any class or classes of                 approves the proposed rule change.
                                               excessive layering of fees, and (iii)                   persons, securities, or transactions, from
                                                                                                       any provision of section 12(d)(1) if the                II. Description of the Proposed Rule
                                               overly complex fund structures, which                                                                           Change
                                               are the concerns underlying the limits                  exemption is consistent with the public
                                               in sections 12(d)(1)(A) and (B) of the                  interest and the protection of investors.                  ISE Mercury Rule 716 (Block Trades)
                                               Act.                                                    Section 17(b) of the Act authorizes the                 contains the requirements applicable to
                                                  8. Applicants request an exemption                   Commission to grant an order                            the execution of orders using the Block
                                               from sections 17(a)(1) and 17(a)(2) of the              permitting a transaction otherwise                      Order Mechanism, Facilitation
                                               Act to permit persons that are Affiliated               prohibited by section 17(a) if it finds                 Mechanism, and Solicited Order
                                               Persons, or Second-Tier Affiliates, of the              that (a) the terms of the proposed                      Mechanism. The Block Order
                                               Funds, solely by virtue of certain                      transaction are fair and reasonable and                 Mechanism allows ISE Mercury
                                                                                                       do not involve overreaching on the part                 members to obtain liquidity for the
                                               ownership interests, to effectuate
                                                                                                       of any person concerned; (b) the                        execution of a block-size order.4 The
                                               purchases and redemptions in-kind. The
                                                                                                       proposed transaction is consistent with                 Facilitation and Solicited Order
                                               deposit procedures for in-kind
                                                                                                       the policies of each registered                         Mechanisms allow ISE Mercury
                                               purchases of Creation Units and the
                                                                                                       investment company involved; and (c)                    members to enter cross transactions
                                               redemption procedures for in-kind
                                                                                                       the proposed transaction is consistent                  seeking price improvement.5 ISE
                                               redemptions of Creation Units will be
                                                                                                       with the general purposes of the Act.                   Mercury Rule 723 (Price Improvement
                                               the same for all purchases and
                                                                                                         For the Commission, by the Division of
                                                                                                                                                               Mechanism for Crossing Transactions)
                                               redemptions and Deposit Instruments
                                                                                                       Investment Management, under delegated                  contains the requirements applicable to
                                               and Redemption Instruments will be
                                                                                                       authority.                                              the execution of orders using the PIM.
                                               valued in the same manner as those                                                                              The PIM allows ISE Mercury members
                                               Portfolio Instruments currently held by                 Eduardo A. Aleman,
                                                                                                       Assistant Secretary.
                                                                                                                                                               to enter cross transactions of any size.
                                               the Funds. Applicants also seek relief                                                                          The Facilitation, Solicited Order
                                               from the prohibitions on affiliated                     [FR Doc. 2017–00227 Filed 1–9–17; 8:45 am]
                                                                                                                                                               Mechanisms, and PIM allow for ISE
                                               transactions in section 17(a) to permit a               BILLING CODE 8011–01–P
                                                                                                                                                               Mercury members to designate certain
                                               Fund to sell its shares to and redeem its                                                                       customer orders for price improvement
                                               shares from a Fund of Funds, and to                                                                             and submit such orders into one of the
                                               engage in the accompanying in-kind                      SECURITIES AND EXCHANGE
                                                                                                       COMMISSION                                              mechanisms with a matching contra
                                               transactions with the Fund of Funds.2                                                                           order. Once such an order is submitted,
                                               The purchase of Creation Units by a                     [Release No. 34–79731; File No. SR–                     ISE Mercury commences an auction by
                                               Fund of Funds directly from a Fund will                 ISEMercury–2016–21]                                     broadcasting a message to all ISE
                                               be accomplished in accordance with the                                                                          Mercury members that includes the
                                               policies of the Fund of Funds and will                  Self-Regulatory Organizations; ISE                      series, price, size, and side of the
                                               be based on the NAVs of the Funds.                      Mercury, LLC; Order Approving a                         market.6 Further, responses within the
                                                  9. Applicants also request relief to                 Proposed Rule Change To Modify the                      PIM (i.e., Improvement Orders), are also
                                               permit a Feeder Fund to acquire shares                  Response Times in the Block                             broadcast to market participants during
                                               of another registered investment                        Mechanism, Facilitation Mechanism,                      the auction.
                                               company managed by the Adviser                          Solicited Order Mechanism, and Price                       Orders entered into the Block Order
                                               having substantially the same                           Improvement Mechanism                                   Mechanism, Facilitation Mechanism,
                                               investment objectives as the Feeder                                                                             Solicited Order Mechanism, and PIM
                                                                                                       January 4, 2017.
                                               Fund (‘‘Master Fund’’) beyond the                                                                               are currently exposed to all market
                                               limitations in section 12(d)(1)(A) and                  I. Introduction                                         participants for 500 milliseconds, giving
                                               permit the Master Fund, and any                            On November 8, 2016, ISE Mercury,                    them an opportunity to enter additional
                                               principal underwriter for the Master                    LLC (the ‘‘Exchange’’ or ‘‘ISE Mercury’’)               trading interest before the orders are
                                               Fund, to sell shares of the Master Fund                 filed with the Securities and Exchange
                                                                                                                                                                 3 See Securities Exchange Act Release No. 79354
                                                                                                       Commission (‘‘Commission’’) pursuant
                                                 2 The  requested relief would apply to direct sales                                                           (November 18, 2016), 81 FR 85295 (‘‘Notice’’).
                                                                                                       to Section 19(b)(1) of the Securities                     4 Block-size orders are orders for 50 contracts or
pmangrum on DSK3GDR082PROD with NOTICES




                                               of shares in Creation Units by a Fund to a Fund of
                                               Funds and redemptions of those shares. Applicants,
                                                                                                       Exchange Act of 1934 (‘‘Act’’) 1 and Rule               more. See ISE Mercury Rule 716(a).
                                               moreover, are not seeking relief from section 17(a)     19b–4 thereunder,2 a proposed rule                        5 Only block-size orders can be entered into the

                                               for, and the requested relief will not apply to,        change to amend ISE Mercury Rules 716                   Facilitation Mechanism, whereas only orders for
                                               transactions where a Fund could be deemed an            (Block Trades) and 723 (Price                           500 contracts or more can be entered into the
                                               Affiliated Person, or a Second-Tier Affiliate, of a                                                             Solicited Order Mechanism. See ISE Mercury Rule
                                               Fund of Funds because an Adviser or an entity
                                                                                                       Improvement Mechanism for Crossing                      716(d) and (e).
                                               controlling, controlled by or under common control                                                                6 ISE Mercury members may choose to hide the
                                                                                                         1 15   U.S.C. 78s(b)(1).
                                               with an Adviser provides investment advisory                                                                    size, side, and price when entering orders into the
                                               services to that Fund of Funds.                           2 17   CFR 240.19b–4.                                 Block Order Mechanism.



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                                                                              Federal Register / Vol. 82, No. 6 / Tuesday, January 10, 2017 / Notices                                                    3059

                                               automatically executed. Under the                       Securities Exchange, LLC (‘‘ISE’’) and                 with the implementation of the
                                               proposal, ISE Mercury would determine                   ISE Gemini, LLC (‘‘ISE Gemini’’)                       reduction in the auction duration to no
                                               an exposure period for each of the four                 members that responded to an auction                   less than 100 milliseconds.15
                                               mechanisms that is no less than 100                     in the period beginning July 1, 2015 and                 Based on ISE Mercury’s statements,
                                               milliseconds and no more than 1                         ending January 15, 2016.11 Each of the                 the Commission believes that market
                                               second.7                                                twenty-one members surveyed indicated                  participants should continue to have
                                                                                                       that they can currently receive, process,              opportunities to compete for exposed
                                               III. Discussion and Commission’s
                                                                                                       and communicate a response back to the                 bids and offers within an exposure
                                               Findings
                                                                                                       exchange within 100 milliseconds.12 To                 period of no less than 100 milliseconds
                                                  After careful review, the Commission                 implement the reduced exposure                         and no more than 1 second.16
                                               finds that the proposed rule change is                  periods and help ensure that ISE                       Accordingly, the Commission believes
                                               consistent with the requirements of the                 Mercury’s and its members’ systems are                 that it is consistent with the Act for the
                                               Act and the rules and regulations                       working properly given the faster                      Exchange to modify the response times
                                               thereunder applicable to a national                     response times, ISE Mercury will reduce                in the Block Mechanism, Facilitation
                                               securities exchange.8 In particular, the                the auction time over a period of weeks,               Mechanism, Solicited Order
                                               Commission finds that the proposed                      ending at 100 milliseconds. Upon                       Mechanism, and PIM from 500
                                               rule change is consistent with Section                  effectiveness of the proposal, and at                  milliseconds to a time period designated
                                               6(b)(5) of the Act,9 which requires,                    least six weeks prior to implementation                by the Exchange of no less than 100
                                               among other things, that the rules of a                 of the proposed rule change, ISE                       milliseconds and no more than 1
                                               national securities exchange be                         Mercury will issue a circular to its                   second.
                                               designed to promote just and equitable                  members, informing them of the
                                               principles of trade, to foster cooperation              implementation date of the reduction of                IV. Conclusion
                                               and coordination with persons engaged                   the auction from 500 milliseconds to the                 It is therefore ordered, pursuant to
                                               in regulating transactions in securities,               auction time designated by ISE Mercury                 Section 19(b)(2) of the Act,17 that the
                                               to remove impediments to and perfect                    (100 milliseconds) to allow members the                proposed rule change (SR–ISEMercury–
                                               the mechanism of a free and open                        opportunity to perform systems                         2016–21) be, and hereby is, approved.
                                               market and a national market system                     changes. ISE Mercury also represented                    For the Commission, by the Division of
                                               and, in general, to protect investors and               that it will issue a circular at least four            Trading and Markets, pursuant to delegated
                                               the public interest, and not be designed                weeks prior to any future changes, as                  authority.18
                                               to permit unfair discrimination between                 permitted by its rules, to the auction                 Eduardo A. Aleman,
                                               customers, issuers, brokers, or dealers.                time.13 In addition, ISE Mercury                       Assistant Secretary.
                                               The Commission also finds that the                      reviewed all executions occurring in the               [FR Doc. 2017–00215 Filed 1–9–17; 8:45 am]
                                               proposed rule change is consistent with                 mechanisms by ISE Mercury members
                                                                                                                                                              BILLING CODE 8011–01–P
                                               Section 6(b)(8) of the Act,10 which                     from March 28, 2016 to April 25, 2016.
                                               requires that the rules of an exchange                  This review of executions in the
                                               not impose any burden on competition                    mechanisms indicated that                              SECURITIES AND EXCHANGE
                                               that is not necessary or appropriate in                 approximately 98% of responses that                    COMMISSION
                                               furtherance of the purposes of the Act.                 resulted in price improving executions
                                                  The Commission believes that, given                  at the conclusion of an auction were                   [Release No. 34–79740; File No. SR–
                                               the electronic environment of ISE                       submitted within 500 milliseconds.                     ISEMercury–2016–26]
                                               Mercury, reducing each of the exposure                  Approximately 94% of responses that
                                               periods from 500 milliseconds to no less                                                                       Self-Regulatory Organizations; ISE
                                                                                                       resulted in price improving executions
                                               than 100 milliseconds could facilitate                                                                         Mercury, LLC; Notice of Filing and
                                                                                                       at the conclusion of an auction were
                                               the prompt execution of orders, while                   submitted within 100 milliseconds, and                 Immediate Effectiveness of Proposed
                                               continuing to provide market                            83% were submitted within 50                           Rule Change To Amend its Rules to
                                               participants with an opportunity to                     milliseconds of the initial order.14                   Extend a Pilot Program
                                               compete for exposed bids and offers. To                 Furthermore, with regard to the impact                 January 4, 2017.
                                               substantiate that its members could                     of the proposal on system capacity, ISE                   Pursuant to Section 19(b)(1) of the
                                               receive, process, and communicate a                     Mercury has analyzed its capacity and                  Securities Exchange Act of 1934
                                               response back to ISE Mercury within                     represented that it has the necessary                  (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                               100 milliseconds, ISE Mercury stated                    systems capacity to handle the potential               notice is hereby given that on December
                                               that it surveyed all International                      additional traffic associated with the                 23, 2016, ISE Mercury, LLC (‘‘ISE
                                                                                                       additional transactions that may occur                 Mercury’’ or ‘‘Exchange’’) filed with the
                                                 7 While the proposed rule change would allow
                                                                                                                                                              Securities and Exchange Commission
                                               ISE Mercury to increase the exposure period up to          11 ISE Mercury launched on February 16, 2016,
                                               1 second, ISE Mercury stated that it currently                                                                 (‘‘SEC’’ or ‘‘Commission’’) the proposed
                                                                                                       after the survey had been completed. ISE and ISE
                                               intends to decrease the time period allowed for         Gemini are affiliates of ISE Mercury that also offer   rule change as described in Items I and
                                               responses to 100 milliseconds. See Notice, supra        a Block Order Mechanism, Facilitation Mechanism,       II, below, which Items have been
                                               note 3, at 85297. ISE Mercury further noted that its    Solicited Order Mechanism, and PIM. See Notice,        prepared by the Exchange. The
                                               proposal is consistent with exposure periods            supra note 3, at 85297 n.12.
                                               permitted in similar mechanisms on other options           12 ISE Mercury believes the survey results apply
                                                                                                                                                                15 See id.
                                               exchanges. See id. at 85296. See also Securities        equally to ISE Mercury as all current ISE Mercury
                                                                                                                                                                16 The  Commission notes that the ability to
                                               Exchange Act Release Nos. 76301 (October 29,            members are also members of ISE or ISE Gemini,
pmangrum on DSK3GDR082PROD with NOTICES




                                               2015), 80 FR 68347 (November 4, 2015) (SR–BX–           which are affiliates of ISE Mercury, and the same      designate such an exposure time period is
                                               2015–032) and 77557 (April 7, 2016), 81 FR 21935        functionality for auction responses offered on ISE     consistent with the rules of other options
                                               (April 13, 2016) (SR–Phlx–2016–40).                     Mercury is also offered on these affiliated            exchanges. See supra note 7. See also NASDAQ
                                                 8 In approving this proposed rule change, the         exchanges. See Notice, supra note 3, at 85297. ISE     Phlx Rule 1080(n)(ii)(A)(4) and NASDAQ BX
                                               Commission has considered the proposed rule’s           Mercury further represents that its trading system     Options Rules Chapter VI, Section 9(ii)(A)(3).
                                                                                                                                                                17 15 U.S.C. 78s(b)(2).
                                               impact on efficiency, competition, and capital          has comparable latency to both ISE and ISE Gemini.
                                               formation. See 15 U.S.C. 78c(f).                        See id.                                                  18 17 CFR 200.30–3(a)(12).
                                                 9 15 U.S.C. 78f(b)(5).                                   13 See id. at 85298.                                  1 15 U.S.C. 78s(b)(1).
                                                 10 15 U.S.C. 78f(b)(8).                                  14 See id. at 85297.                                  2 17 CFR 240.19b–4.




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Document Created: 2018-02-01 14:54:17
Document Modified: 2018-02-01 14:54:17
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 3058 

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