82_FR_32876 82 FR 32741 - Self-Regulatory Organizations; NASDAQ PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Regarding Quote Mitigation

82 FR 32741 - Self-Regulatory Organizations; NASDAQ PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Regarding Quote Mitigation

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 135 (July 17, 2017)

Page Range32741-32743
FR Document2017-14886

Federal Register, Volume 82 Issue 135 (Monday, July 17, 2017)
[Federal Register Volume 82, Number 135 (Monday, July 17, 2017)]
[Notices]
[Pages 32741-32743]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14886]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81116; File No. SR-Phlx-2017-48]


Self-Regulatory Organizations; NASDAQ PHLX LLC; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change Regarding Quote 
Mitigation

July 11, 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 30, 2017, NASDAQ PHLX LLC (``Phlx'' or ``Exchange'') filed with 
the Securities and Exchange Commission (``SEC'' or ``Commission'') the 
proposed rule change as described in Items I, II, and III, below, which 
Items have been prepared by the Exchange. The Commission is publishing 
this notice to solicit comments on the proposed rule change from 
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend Phlx Rule 1082, regarding quote 
mitigation.
    The text of the proposed rule change is available on the Exchange's 
Web site at http://nasdaqphlx.cchwallstreet.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 Phlx Rule 1082, entitled ``Firm 
Quotations,'' to specifically remove Phlx Rule 1082(a)(ii)(C)(4), which 
process is not currently in effect on Phlx.
    Today, Phlx Rule 1082(a)(ii)(C) sets forth the conditions under 
which Phlx disseminates updated quotations based on changes in the 
Exchange's disseminated price and/or size. Phlx disseminates an updated 
bid and offer price, together with the size associated with such bid 
and offer, when: (1) Phlx's disseminated bid or offer price increases 
or decreases; (2) the size associated with Phlx's disseminated bid or 
offer decreases; or (3) the size associated with Phlx's bid (offer) 
increases by an amount greater than or equal to a percentage (never to 
exceed 20%) \3\ of the size associated with the previously disseminated 
bid (offer); \4\ and (4) automatic executions will decrement the 
disseminated size by the amount of the automatic execution.
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    \3\ Phlx has set its percentage to 10%. See http://www.nasdaqtrader.com/content/phlxmemos/2007/jan/0197-07.pdf.
    \4\ Such percentage, which would never exceed 20%, would be 
determined on an issue-by-issue basis by the Exchange and announced 
to membership via Exchange circular. The percentage size increase 
necessary to give rise to a refreshed quote may vary from issue to 
issue, depending, without limitation, on the liquidity, average 
volume, and average number of quotations submitted in the issue.
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    The Exchange notes that it is removing Phlx Rule 1082(a)(ii)(C)(4) 
because this functionality is not necessary today. By way of 
background, the Exchange initially adopted the quote mitigation rule 
text in Phlx Rule 1082(a)(ii)(C)(4) to enhance the ability of Exchange 
Streaming Quote Traders (``SQTs''),\5\ Remote Streaming Quote Traders 
(``RSQTs''),\6\ non-SQT ROTs,\7\ and specialists \8\ (collectively, 
``Phlx XL participants'') to better manage risk by modifying the legacy 
Phlx XL system \9\ such that when a trade occured [sic], the Exchange 
caused the Phlx XL system to decrement the quote size by the number of 
contracts traded in the affected option series on the side of the 
market that has traded (i.e., bid size for sell transactions and offer 
size for buy transactions). At that time, the Exchange did not 
decrement quotation size in real time,\10\ rather it updated quotes and 
executions separately in two applications. The Exchange would update 
the quote sent to OPRA with each decrement. However with a size 
increase the Exchange would only update the quote sent to OPRA if it 
was beyond the 10% threshold. At this time, a Phlx XL participant, who 
controlled his or her quotation size, could refresh the size (and 
price) for which he or she was firm at the disseminated price. Phlx 
adopted the rule because participants experienced situations where they 
executed more contracts at a particular price than they intended due to 
the fact that Phlx XL

[[Page 32742]]

did not decrement quote size in real time. The rule was intended to 
ensure that the Exchange's disseminated size was decremented after each 
trade automatically executed in Phlx XL. Receipt of a revised quote 
from the affected Phlx XL participant would reset the price and size 
for that series.\11\
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    \5\ An SQT is an ROT who has received permission from the 
Exchange to generate and submit option quotations electronically in 
options to which such SQT is assigned. An SQT may only submit such 
quotations while such SQT is physically present on the floor of the 
Exchange. An SQT may only trade in a market making capacity in 
classes of options in which the SQT is assigned. See Rule 
1014(b)(ii)(A).
    \6\ An RSQT is an ROT that is a member affiliated with and RSQTO 
with no physical trading floor presence who has received permission 
from the Exchange to generate and submit option quotations 
electronically in options to which such RSQT has been assigned. A 
qualified RSQT may function as a Remote Specialist upon Exchange 
approval. See Rule 1014(b)(ii)(B).
    \7\ A non-SQT ROT is an ROT who is neither an SQT nor an RSQT. 
See Rule 1014(b)(ii)(C).
    \8\ A Specialist is an Exchange member who is registered as an 
options specialist pursuant to Rule 501(a). An options Specialist 
includes a Remote Specialist which is defined as an options 
specialist in one or more classes that does not have a physical 
presence on an Exchange floor and is approved by the Exchange 
pursuant to Rule 501.
    \9\ See Securities Exchange Act Release No. 58582 (September 18, 
2008), 73 FR 55190 (September 24, 2008) (SR-Phlx-2008-66) (Notice of 
Filing and Immediate Effectiveness of Proposed Rule Change Relating 
to Quotation Size Decrementation).
    \10\ The Exchange was disseminating a size which was not 
necessarily on the Exchange's book.
    \11\ See note 5, supra.
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    Phlx subsequently began operating on INET in 2009.\12\ With the 
migration to INET functionality, the Exchange began to decrement 
quotation size in real time. The Exchange's system considered both 
updated quotes and executions within the same process in updating OPRA 
when considering a decrement. Because of the manner in which the INET 
system architecture decrements on INET, the language in Phlx Rule 
1082(a)(ii)(C)(4) is no longer a correct representation of the function 
of the quote mitigation in place on Phlx.
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    \12\ See Options Trader Alert #2009-17.
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    By way of example, presuming the Phlx quote mitigation is set to 
10% and the following sequence occurs:

If Market Maker (MM)1 has a quote of 1.00 (100) x 1.10 (100)
OPRA quote disseminated--1.00 (100) x 1.10 (100)

    A new MM2 sends a quote of 1.00 (5) x 1.10 (5). Because the 
quote is not increased by 10%, no new OPRA Quote is disseminated. 
The new Phlx book would be 1.00 (105) x 1.10 (105) pursuant to Phlx 
Rule 1082(a)(ii)(C) both before and after the system was migrated to 
INET.
    Case (1): Presuming an incoming buy order of 5 contracts trades 
on INET with MM1 trading a 4 lot and MM2 trading a 1 lot. If Phlx 
Rule 1082(a)(ii)(C)(4) did not exist, with net disseminated size at 
100, no OPRA quote update would be disseminated because the current 
offer did not change as it is not over 10% and the last update 
remains at 1.00 (100) x 1.10 (100). This would be the manner in 
which the system would continue to work with this rule proposal. The 
new Phlx book would be 1.00 (100) x 1.10 (100) pursuant to Phlx Rule 
1082(a)(ii)(C)(4). This scenario would be same for any buy order of 
5 contracts or less since any execution of 5 contracts or less would 
not decrement the last OPRA quote size of 100 contracts.
    With Phlx Rule 1082(a)(ii)(C)(4) employed on legacy PHLX (prior 
to INET), the incoming buy order of 5 contracts would cause the 
disseminated size to be decremented by the amount of the automatic 
execution. Since the prior OPRA quote was 1.00 (100) x 1.10 (100), 
the OPRA quote update would have been disseminated at 1.00 (100) x 
1.10 (95) to reflect the automatic execution of 5 contracts at 1.10.
    Case (2): Presuming an incoming buy order of 6 contracts total 
trades with MM1 trading a 5 lot and MM2 trading a 1 lot, this 
execution causes the net book size to be decremented from 105 
contracts to 99 contracts and the OPRA quote would be disseminated 
because the size associated with Phlx's disseminated offer 
decreased. The new updated OPRA quote would be 1.00 (105) x 1.10 
(99) which also reflects the new Phlx book of 1.00 (105) x 1.10 (99) 
pursuant to Phlx Rule 1082(a)(ii)(C)(2). This scenario would be same 
for any buy order of more than 5 contracts since an execution of 
more than 5 contracts would cause the Phlx disseminated offer to 
decrease.
    With Phlx Rule 1082(a)(ii)(C)(4) employed on the legacy Phlx 
system, the OPRA quote update in Case 2 would have been disseminated 
at 1.00 (100) x 1.10 (94).
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act,\13\ in general, and furthers the objectives of Section 
6(b)(5) of the Act,\14\ 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 continuing to reduce the number of options quotations 
required to be submitted to OPRA and, therefore, mitigating the 
Exchange's quote message traffic and capacity. By removing Phlx Rule 
1082(a)(ii)(C)(4), the Exchange will update its rule to better describe 
the current functionality and remove obsolete language. By way of 
background, when the Exchange initially adopted the rule text in Phlx 
Rule 1082(a)(ii)(C)(4) Phlx XL, its operating system at the time, did 
not decrement quotation size in real time meaning that the Exchange's 
legacy XL system did not consider both updated quotes and executions 
within the same process when updating OPRA. Phlx Rule 1082(a)(ii)(C)(4) 
ensured the Exchange's disseminated size was decremented after each 
trade automatically executed in Phlx XL. Phlx subsequently began 
operating on INET, thereby rendering Phlx Rule 1082(a)(ii)(C)(4) no 
longer necessary because of the real-time features which exist on INET 
which dynamically update and/or purge quotes. At the time of the 
migration, the Exchange's system considered both updated quotes and 
executions within the same process in updating OPRA. This represents 
the current functionality today. The Exchange believes that the 
amendment to the rule will provide greater clarity as to the Exchange's 
plan for quote mitigation.
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    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that deleting the provision in Phlx Rule 
1082(a)(ii)(C)(4) is consistent with the Act in that it removes 
impediments to and perfect the mechanism of a free and open market and 
a national market system because the Exchange may have unintentionally 
disseminated a size which was not necessarily on the Exchange's book. 
The Exchange believes that Phlx's quote mitigation process has 
successfully controlled Phlx's quote capacity. The Exchange believes 
that the removal of the rule text is consistent with the Act because 
the removal of this rule text will align the functionality of quote 
mitigation with the language of the rule and properly update OPRA. With 
the removal of the language, the Exchange's rule properly represents 
its current function which decrements from a quote actually on the 
Exchange's book.
    Notwithstanding the removal of this provision from the rule, the 
Exchange will continue to mitigate quotes and monitor its quote 
capacity, as is the case today. The Exchange believes that Phlx's quote 
mitigation process has successfully controlled Phlx's quote capacity. 
The Exchange believes that the removal of the rule text will not impact 
the effectiveness of quote mitigation.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition not necessary or appropriate in 
furtherance of the purposes of the Act. The Exchange proposal will 
better reflect its current quote mitigation process which applies to 
all options trading on Phlx. All options exchanges have a quote 
mitigation process in place in connection with their participation in 
the Penny Pilot Program.

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 \15\ and

[[Page 32743]]

subparagraph (f)(6) of Rule 19b-4 thereunder.\16\
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    \15\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \16\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6) 
requires a self-regulatory organization to give the Commission 
written notice of its intent to file the proposed rule change at 
least five business days prior to the date of filing of the proposed 
rule change, or such shorter time as designated by the Commission. 
The Exchange has satisfied this requirement.
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    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is: (i) 
Necessary or appropriate in the public interest; (ii) for the 
protection of investors; or (iii) otherwise in furtherance of the 
purposes of the Act. If the Commission takes such action, the 
Commission shall institute proceedings to determine whether the 
proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-Phlx-2017-48 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-Phlx-2017-48. 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-Phlx-2017-48 and 
should be submitted on or before August 7, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2017-14886 Filed 7-14-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                    Federal Register / Vol. 82, No. 135 / Monday, July 17, 2017 / Notices                                                    32741

                                                    communications relating to the                           I. Self-Regulatory Organization’s                     and (4) automatic executions will
                                                    proposed rule change between the                         Statement of the Terms of Substance of                decrement the disseminated size by the
                                                    Commission and any person, other than                    the Proposed Rule Change                              amount of the automatic execution.
                                                    those that may be withheld from the                         The Exchange proposes to amend                        The Exchange notes that it is
                                                    public in accordance with the                            Phlx Rule 1082, regarding quote                       removing Phlx Rule 1082(a)(ii)(C)(4)
                                                    provisions of 5 U.S.C. 552, will be                                                                            because this functionality is not
                                                                                                             mitigation.
                                                    available for Web site viewing and                          The text of the proposed rule change               necessary today. By way of background,
                                                    printing in the Commission’s Public                      is available on the Exchange’s Web site               the Exchange initially adopted the quote
                                                                                                             at http://nasdaqphlx.cchwallstreet                    mitigation rule text in Phlx Rule
                                                    Reference Room, 100 F Street NE.,
                                                                                                             .com/, at the principal office of the                 1082(a)(ii)(C)(4) to enhance the ability of
                                                    Washington, DC 20549 on official
                                                                                                             Exchange, and at the Commission’s                     Exchange Streaming Quote Traders
                                                    business days between the hours of                                                                             (‘‘SQTs’’),5 Remote Streaming Quote
                                                    10:00 a.m. and 3:00 p.m. Copies of the                   Public Reference Room.
                                                                                                                                                                   Traders (‘‘RSQTs’’),6 non-SQT ROTs,7
                                                    filing also will be available for                        II. Self-Regulatory Organization’s                    and specialists 8 (collectively, ‘‘Phlx XL
                                                    inspection and copying at the principal                  Statement of the Purpose of, and                      participants’’) to better manage risk by
                                                    office of the Exchange. All comments                     Statutory Basis for, the Proposed Rule                modifying the legacy Phlx XL system 9
                                                    received will be posted without change;                  Change                                                such that when a trade occured [sic], the
                                                    the Commission does not edit personal                       In its filing with the Commission, the             Exchange caused the Phlx XL system to
                                                    identifying information from                             Exchange included statements                          decrement the quote size by the number
                                                    submissions. You should submit only                      concerning the purpose of and basis for               of contracts traded in the affected option
                                                    information that you wish to make                        the proposed rule change and discussed                series on the side of the market that has
                                                    available publicly. All submissions                      any comments it received on the                       traded (i.e., bid size for sell transactions
                                                    should refer to File Number SR–CBOE–                     proposed rule change. The text of these               and offer size for buy transactions). At
                                                    2017–052 and should be submitted on                      statements may be examined at the                     that time, the Exchange did not
                                                    or before August 7, 2017.                                places specified in Item IV below. The                decrement quotation size in real time,10
                                                                                                             Exchange has prepared summaries, set                  rather it updated quotes and executions
                                                       For the Commission, by the Division of                                                                      separately in two applications. The
                                                    Trading and Markets, pursuant to delegated               forth in sections A, B, and C below, of
                                                                                                             the most significant aspects of such                  Exchange would update the quote sent
                                                    authority.10                                                                                                   to OPRA with each decrement. However
                                                    Jill M. Peterson,                                        statements.
                                                                                                                                                                   with a size increase the Exchange would
                                                    Assistant Secretary.                                     A. Self-Regulatory Organization’s                     only update the quote sent to OPRA if
                                                    [FR Doc. 2017–14888 Filed 7–14–17; 8:45 am]              Statement of the Purpose of, and                      it was beyond the 10% threshold. At
                                                    BILLING CODE 8011–01–P
                                                                                                             Statutory Basis for, the Proposed Rule                this time, a Phlx XL participant, who
                                                                                                             Change                                                controlled his or her quotation size,
                                                                                                                                                                   could refresh the size (and price) for
                                                                                                             1. Purpose
                                                    SECURITIES AND EXCHANGE                                                                                        which he or she was firm at the
                                                    COMMISSION                                                  The Exchange proposes to amend                     disseminated price. Phlx adopted the
                                                                                                             Phlx Rule 1082, entitled ‘‘Firm                       rule because participants experienced
                                                                                                             Quotations,’’ to specifically remove Phlx             situations where they executed more
                                                    [Release No. 34–81116; File No. SR–Phlx–                 Rule 1082(a)(ii)(C)(4), which process is              contracts at a particular price than they
                                                    2017–48]                                                 not currently in effect on Phlx.                      intended due to the fact that Phlx XL
                                                                                                                Today, Phlx Rule 1082(a)(ii)(C) sets
                                                    Self-Regulatory Organizations;                           forth the conditions under which Phlx                   5 An SQT is an ROT who has received permission
                                                    NASDAQ PHLX LLC; Notice of Filing                        disseminates updated quotations based                 from the Exchange to generate and submit option
                                                    and Immediate Effectiveness of                           on changes in the Exchange’s                          quotations electronically in options to which such
                                                    Proposed Rule Change Regarding                                                                                 SQT is assigned. An SQT may only submit such
                                                                                                             disseminated price and/or size. Phlx                  quotations while such SQT is physically present on
                                                    Quote Mitigation                                         disseminates an updated bid and offer                 the floor of the Exchange. An SQT may only trade
                                                                                                             price, together with the size associated              in a market making capacity in classes of options
                                                    July 11, 2017.                                                                                                 in which the SQT is assigned. See Rule
                                                                                                             with such bid and offer, when: (1)                    1014(b)(ii)(A).
                                                       Pursuant to Section 19(b)(1) of the                   Phlx’s disseminated bid or offer price                  6 An RSQT is an ROT that is a member affiliated
                                                    Securities Exchange Act of 1934                          increases or decreases; (2) the size                  with and RSQTO with no physical trading floor
                                                    (‘‘Act’’),1 and Rule 19b–4 thereunder,2                  associated with Phlx’s disseminated bid               presence who has received permission from the
                                                    notice is hereby given that on June 30,                                                                        Exchange to generate and submit option quotations
                                                                                                             or offer decreases; or (3) the size                   electronically in options to which such RSQT has
                                                    2017, NASDAQ PHLX LLC (‘‘Phlx’’ or                       associated with Phlx’s bid (offer)                    been assigned. A qualified RSQT may function as
                                                    ‘‘Exchange’’) filed with the Securities                  increases by an amount greater than or                a Remote Specialist upon Exchange approval. See
                                                    and Exchange Commission (‘‘SEC’’ or                      equal to a percentage (never to exceed                Rule 1014(b)(ii)(B).
                                                                                                                                                                     7 A non-SQT ROT is an ROT who is neither an
                                                    ‘‘Commission’’) the proposed rule                        20%) 3 of the size associated with the
                                                                                                                                                                   SQT nor an RSQT. See Rule 1014(b)(ii)(C).
                                                    change as described in Items I, II, and                  previously disseminated bid (offer); 4                  8 A Specialist is an Exchange member who is

                                                    III, below, which Items have been                                                                              registered as an options specialist pursuant to Rule
                                                                                                               3 Phlx has set its percentage to 10%. See http://   501(a). An options Specialist includes a Remote
                                                    prepared by the Exchange. The
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                             www.nasdaqtrader.com/content/phlxmemos/2007/          Specialist which is defined as an options specialist
                                                    Commission is publishing this notice to                  jan/0197-07.pdf.                                      in one or more classes that does not have a physical
                                                    solicit comments on the proposed rule                      4 Such percentage, which would never exceed         presence on an Exchange floor and is approved by
                                                    change from interested persons.                          20%, would be determined on an issue-by-issue         the Exchange pursuant to Rule 501.
                                                                                                             basis by the Exchange and announced to                  9 See Securities Exchange Act Release No. 58582

                                                                                                             membership via Exchange circular. The percentage      (September 18, 2008), 73 FR 55190 (September 24,
                                                                                                             size increase necessary to give rise to a refreshed   2008) (SR–Phlx–2008–66) (Notice of Filing and
                                                      10 17
                                                                                                             quote may vary from issue to issue, depending,        Immediate Effectiveness of Proposed Rule Change
                                                            CFR 200.30–3(a)(12).                                                                                   Relating to Quotation Size Decrementation).
                                                                                                             without limitation, on the liquidity, average
                                                      1 15 U.S.C. 78s(b)(1).                                 volume, and average number of quotations                10 The Exchange was disseminating a size which
                                                      2 17 CFR 240.19b–4.                                    submitted in the issue.                               was not necessarily on the Exchange’s book.



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                                                    32742                             Federal Register / Vol. 82, No. 135 / Monday, July 17, 2017 / Notices

                                                    did not decrement quote size in real                       with Phlx’s disseminated offer decreased.                  and perfect the mechanism of a free and
                                                    time. The rule was intended to ensure                      The new updated OPRA quote would be 1.00                   open market and a national market
                                                    that the Exchange’s disseminated size                      (105) × 1.10 (99) which also reflects the new              system because the Exchange may have
                                                                                                               Phlx book of 1.00 (105) × 1.10 (99) pursuant
                                                    was decremented after each trade                           to Phlx Rule 1082(a)(ii)(C)(2). This scenario              unintentionally disseminated a size
                                                    automatically executed in Phlx XL.                         would be same for any buy order of more                    which was not necessarily on the
                                                    Receipt of a revised quote from the                        than 5 contracts since an execution of more                Exchange’s book. The Exchange believes
                                                    affected Phlx XL participant would reset                   than 5 contracts would cause the Phlx                      that Phlx’s quote mitigation process has
                                                    the price and size for that series.11                      disseminated offer to decrease.                            successfully controlled Phlx’s quote
                                                       Phlx subsequently began operating on                      With Phlx Rule 1082(a)(ii)(C)(4) employed                capacity. The Exchange believes that the
                                                    INET in 2009.12 With the migration to                      on the legacy Phlx system, the OPRA quote                  removal of the rule text is consistent
                                                    INET functionality, the Exchange began                     update in Case 2 would have been
                                                                                                               disseminated at 1.00 (100) × 1.10 (94).
                                                                                                                                                                          with the Act because the removal of this
                                                    to decrement quotation size in real time.                                                                             rule text will align the functionality of
                                                    The Exchange’s system considered both                      2. Statutory Basis                                         quote mitigation with the language of
                                                    updated quotes and executions within                                                                                  the rule and properly update OPRA.
                                                                                                                  The Exchange believes that its
                                                    the same process in updating OPRA                                                                                     With the removal of the language, the
                                                                                                               proposal is consistent with Section 6(b)
                                                    when considering a decrement. Because                                                                                 Exchange’s rule properly represents its
                                                                                                               of the Act,13 in general, and furthers the
                                                    of the manner in which the INET system                                                                                current function which decrements from
                                                                                                               objectives of Section 6(b)(5) of the Act,14
                                                    architecture decrements on INET, the                                                                                  a quote actually on the Exchange’s book.
                                                                                                               in particular, in that it is designed to
                                                    language in Phlx Rule 1082(a)(ii)(C)(4) is
                                                                                                               promote just and equitable principles of                     Notwithstanding the removal of this
                                                    no longer a correct representation of the
                                                                                                               trade, to remove impediments to and                        provision from the rule, the Exchange
                                                    function of the quote mitigation in place
                                                                                                               perfect the mechanism of a free and                        will continue to mitigate quotes and
                                                    on Phlx.
                                                       By way of example, presuming the                        open market and a national market                          monitor its quote capacity, as is the case
                                                    Phlx quote mitigation is set to 10% and                    system, and, in general to protect                         today. The Exchange believes that
                                                    the following sequence occurs:                             investors and the public interest, by                      Phlx’s quote mitigation process has
                                                                                                               continuing to reduce the number of                         successfully controlled Phlx’s quote
                                                    If Market Maker (MM)1 has a quote of 1.00                  options quotations required to be
                                                       (100) × 1.10 (100)                                                                                                 capacity. The Exchange believes that the
                                                                                                               submitted to OPRA and, therefore,
                                                    OPRA quote disseminated—1.00 (100) × 1.10                                                                             removal of the rule text will not impact
                                                       (100)                                                   mitigating the Exchange’s quote message                    the effectiveness of quote mitigation.
                                                       A new MM2 sends a quote of 1.00 (5) ×
                                                                                                               traffic and capacity. By removing Phlx
                                                    1.10 (5). Because the quote is not increased               Rule 1082(a)(ii)(C)(4), the Exchange will                  B. Self-Regulatory Organization’s
                                                    by 10%, no new OPRA Quote is                               update its rule to better describe the                     Statement on Burden on Competition
                                                    disseminated. The new Phlx book would be                   current functionality and remove
                                                    1.00 (105) × 1.10 (105) pursuant to Phlx Rule              obsolete language. By way of                                 The Exchange does not believe that
                                                    1082(a)(ii)(C) both before and after the system            background, when the Exchange                              the proposed rule change will impose
                                                    was migrated to INET.                                      initially adopted the rule text in Phlx                    any burden on competition not
                                                       Case (1): Presuming an incoming buy order                                                                          necessary or appropriate in furtherance
                                                                                                               Rule 1082(a)(ii)(C)(4) Phlx XL, its
                                                    of 5 contracts trades on INET with MM1                                                                                of the purposes of the Act. The
                                                    trading a 4 lot and MM2 trading a 1 lot. If                operating system at the time, did not
                                                    Phlx Rule 1082(a)(ii)(C)(4) did not exist, with            decrement quotation size in real time                      Exchange proposal will better reflect its
                                                    net disseminated size at 100, no OPRA quote                meaning that the Exchange’s legacy XL                      current quote mitigation process which
                                                    update would be disseminated because the                   system did not consider both updated                       applies to all options trading on Phlx.
                                                    current offer did not change as it is not over             quotes and executions within the same                      All options exchanges have a quote
                                                    10% and the last update remains at 1.00                    process when updating OPRA. Phlx                           mitigation process in place in
                                                    (100) × 1.10 (100). This would be the manner               Rule 1082(a)(ii)(C)(4) ensured the                         connection with their participation in
                                                    in which the system would continue to work                                                                            the Penny Pilot Program.
                                                    with this rule proposal. The new Phlx book
                                                                                                               Exchange’s disseminated size was
                                                    would be 1.00 (100) × 1.10 (100) pursuant to               decremented after each trade
                                                                                                                                                                          C. Self-Regulatory Organization’s
                                                    Phlx Rule 1082(a)(ii)(C)(4). This scenario                 automatically executed in Phlx XL. Phlx
                                                                                                                                                                          Statement on Comments on the
                                                    would be same for any buy order of 5                       subsequently began operating on INET,
                                                                                                                                                                          Proposed Rule Change Received From
                                                    contracts or less since any execution of 5                 thereby rendering Phlx Rule
                                                    contracts or less would not decrement the                                                                             Members, Participants, or Others
                                                                                                               1082(a)(ii)(C)(4) no longer necessary
                                                    last OPRA quote size of 100 contracts.                     because of the real-time features which
                                                       With Phlx Rule 1082(a)(ii)(C)(4) employed
                                                                                                                                                                            No written comments were either
                                                                                                               exist on INET which dynamically                            solicited or received.
                                                    on legacy PHLX (prior to INET), the incoming
                                                                                                               update and/or purge quotes. At the time
                                                    buy order of 5 contracts would cause the                                                                              III. Date of Effectiveness of the
                                                    disseminated size to be decremented by the                 of the migration, the Exchange’s system
                                                    amount of the automatic execution. Since the               considered both updated quotes and                         Proposed Rule Change and Timing for
                                                    prior OPRA quote was 1.00 (100) × 1.10                     executions within the same process in                      Commission Action
                                                    (100), the OPRA quote update would have                    updating OPRA. This represents the
                                                    been disseminated at 1.00 (100) × 1.10 (95)                current functionality today. The                             Because the foregoing proposed rule
                                                    to reflect the automatic execution of 5                    Exchange believes that the amendment                       change does not: (i) Significantly affect
                                                    contracts at 1.10.                                         to the rule will provide greater clarity as                the protection of investors or the public
                                                       Case (2): Presuming an incoming buy order                                                                          interest; (ii) impose any significant
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                               to the Exchange’s plan for quote
                                                    of 6 contracts total trades with MM1 trading                                                                          burden on competition; and (iii) become
                                                    a 5 lot and MM2 trading a 1 lot, this                      mitigation.
                                                                                                                  The Exchange believes that deleting                     operative for 30 days from the date on
                                                    execution causes the net book size to be                                                                              which it was filed, or such shorter time
                                                    decremented from 105 contracts to 99                       the provision in Phlx Rule
                                                    contracts and the OPRA quote would be                      1082(a)(ii)(C)(4) is consistent with the                   as the Commission may designate, it has
                                                    disseminated because the size associated                   Act in that it removes impediments to                      become effective pursuant to Section
                                                                                                                                                                          19(b)(3)(A)(iii) of the Act 15 and
                                                      11 See   note 5, supra.                                       13 15   U.S.C. 78f(b).
                                                      12 See   Options Trader Alert #2009–17.                       14 15   U.S.C. 78f(b)(5).                               15 15   U.S.C. 78s(b)(3)(A)(iii).



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                                                                                     Federal Register / Vol. 82, No. 135 / Monday, July 17, 2017 / Notices                                                       32743

                                                    subparagraph (f)(6) of Rule 19b–4                         Reference Room, 100 F Street NE.,                       Matched Trades to Clearing
                                                    thereunder.16                                             Washington, DC 20549, on official                       Corporation.
                                                       At any time within 60 days of the                      business days between the hours of                         The text of the proposed rule change
                                                    filing of the proposed rule change, the                   10:00 a.m. and 3:00 p.m. Copies of the                  is available on the Exchange’s Web site
                                                    Commission summarily may                                  filing also will be available for                       at http://www.miaxoptions.com/rule-
                                                    temporarily suspend such rule change if                   inspection and copying at the principal                 filings, at MIAX’s principal office, and
                                                    it appears to the Commission that such                    office of the Exchange. All comments                    at the Commission’s Public Reference
                                                    action is: (i) Necessary or appropriate in                received will be posted without change;                 Room.
                                                    the public interest; (ii) for the protection              the Commission does not edit personal
                                                                                                                                                                      II. Self-Regulatory Organization’s
                                                    of investors; or (iii) otherwise in                       identifying information from
                                                                                                                                                                      Statement of the Purpose of, and
                                                    furtherance of the purposes of the Act.                   submissions. You should submit only
                                                                                                                                                                      Statutory Basis for, the Proposed Rule
                                                    If the Commission takes such action, the                  information that you wish to make
                                                                                                                                                                      Change
                                                    Commission shall institute proceedings                    available publicly.
                                                    to determine whether the proposed rule                       All submissions should refer to File                   In its filing with the Commission, the
                                                    should be approved or disapproved.                        Number SR–Phlx–2017–48 and should                       Exchange included statements
                                                                                                              be submitted on or before August 7,                     concerning the purpose of and basis for
                                                    IV. Solicitation of Comments                                                                                      the proposed rule change and discussed
                                                                                                              2017.
                                                      Interested persons are invited to                                                                               any comments it received on the
                                                                                                                 For the Commission, by the Division of
                                                    submit written data, views, and                           Trading and Markets, pursuant to delegated              proposed rule change. The text of these
                                                    arguments concerning the foregoing,                       authority.17                                            statements may be examined at the
                                                    including whether the proposed rule                       Jill M. Peterson,                                       places specified in Item IV below. The
                                                    change is consistent with the Act.                                                                                Exchange has prepared summaries, set
                                                                                                              Assistant Secretary.
                                                    Comments may be submitted by any of                                                                               forth in sections A, B, and C below, of
                                                                                                              [FR Doc. 2017–14886 Filed 7–14–17; 8:45 am]
                                                    the following methods:                                                                                            the most significant aspects of such
                                                                                                              BILLING CODE 8011–01–P
                                                                                                                                                                      statements.
                                                    Electronic Comments
                                                      • Use the Commission’s Internet                                                                                 A. Self-Regulatory Organization’s
                                                    comment form (http://www.sec.gov/                         SECURITIES AND EXCHANGE                                 Statement of the Purpose of, and the
                                                    rules/sro.shtml); or                                      COMMISSION                                              Statutory Basis for, the Proposed Rule
                                                      • Send an email to rule-comments@                                                                               Change
                                                                                                              [Release No. 34–81122; File No. SR–MIAX–
                                                    sec.gov. Please include File Number SR–                   2017–32]                                                1. Purpose
                                                    Phlx–2017–48 on the subject line.
                                                                                                                                                                         The Exchange proposes to amend
                                                    Paper Comments                                            Self-Regulatory Organizations; Miami
                                                                                                                                                                      Exchange Rule 524, Reporting of
                                                                                                              International Securities Exchange,
                                                      • Send paper comments in triplicate                                                                             Matched Trades to Clearing
                                                                                                              LLC; Notice of Filing and Immediate
                                                    to Secretary, Securities and Exchange                                                                             Corporation, to adopt Interpretations
                                                                                                              Effectiveness of a Proposed Rule
                                                    Commission, 100 F Street NE.,                                                                                     and Policies .01, to state that post-trade
                                                                                                              Change by Miami International
                                                    Washington, DC 20549–1090.                                                                                        adjustments that do not affect the
                                                                                                              Securities Exchange, LLC To Amend
                                                                                                                                                                      contractual terms of a trade are to be
                                                    All submissions should refer to File                      MIAX Options Rule 524, Reporting of
                                                                                                                                                                      performed by the Exchange Member 3
                                                    Number SR–Phlx–2017–48. This file                         Matched Trades to Clearing
                                                                                                                                                                      via an Exchange approved electronic
                                                    number should be included on the                          Corporation
                                                                                                                                                                      interface. The Exchange will notify
                                                    subject line if email is used. To help the
                                                                                                              July 11, 2017.                                          Members of the approved electronic
                                                    Commission process and review your
                                                                                                                 Pursuant to the provisions of Section                interface via Regulatory Circular.
                                                    comments more efficiently, please use
                                                                                                              19(b)(1) of the Securities Exchange Act                    The Exchange staffs a Help Desk 4 to
                                                    only one method. The Commission will
                                                                                                              of 1934 (‘‘Act’’) 1 and Rule 19b–4                      provide customer service and support to
                                                    post all comments on the Commission’s
                                                                                                              thereunder,2 notice is hereby given that,               its Members. One of the support
                                                    Internet Web site (http://www.sec.gov/
                                                                                                              on June 28, 2017, Miami International                   functions the Help Desk currently
                                                    rules/sro.shtml).
                                                                                                              Securities Exchange, LLC (‘‘MIAX                        provides is to make certain post-trade
                                                      Copies of the submission, all
                                                                                                              Options’’ or the ‘‘Exchange’’) filed with               adjustments to a Member’s matched
                                                    subsequent amendments, all written
                                                                                                              the Securities and Exchange                             trades at the Member’s request and on
                                                    statements with respect to the proposed
                                                                                                              Commission (‘‘Commission’’) a                           its behalf. The Exchange has also
                                                    rule change that are filed with the
                                                                                                              proposed rule change as described in                    developed functionality that it makes
                                                    Commission, and all written
                                                                                                              Items I, II, and III below, which Items                 available to all Members that enables
                                                    communications relating to the
                                                                                                              have been prepared by the Exchange.                     Members to electronically and
                                                    proposed rule change between the
                                                                                                              The Commission is publishing this                       independently perform post-trade
                                                    Commission and any person, other than
                                                                                                              notice to solicit comments on the                       adjustments that do not affect the
                                                    those that may be withheld from the
                                                                                                              proposed rule change from interested                    contractual terms of the transaction to
                                                    public in accordance with the
                                                                                                              persons.                                                their side of the matched trade.
                                                    provisions of 5 U.S.C. 552, will be
                                                    available for Web site viewing and                        I. Self-Regulatory Organization’s
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                                                                                        3 The term ‘‘Member’’ means an individual or
                                                    printing in the Commission’s Public                       Statement of the Terms of Substance of                  organization approved to exercise the trading rights
                                                                                                              the Proposed Rule Change                                associate with a Trading Permit. Members are
                                                      16 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–                                                               deemed ‘‘members’’ under the Exchange Act. See
                                                    4(f)(6) requires a self-regulatory organization to give     The Exchange is filing a proposal to                  Exchange Rule 100.
                                                    the Commission written notice of its intent to file       amend Exchange Rule 524, Reporting of                     4 The term ‘‘Help Desk’’ means the Exchange’s

                                                    the proposed rule change at least five business days                                                              control room consisting of Exchange staff
                                                    prior to the date of filing of the proposed rule                                                                  authorized to make certain trading determinations
                                                                                                                   17 17 CFR 200.30–3(a)(12).
                                                    change, or such shorter time as designated by the                                                                 on behalf of the Exchange. The Help Desk shall
                                                                                                                   1 15 U.S.C. 78s (b)(1).
                                                    Commission. The Exchange has satisfied this                                                                       report to and be supervised by a senior executive
                                                    requirement.                                                   2 17 CFR 240.19b–4.                                officer of the Exchange. See Exchange Rule 100.



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Document Created: 2017-07-15 03:45:47
Document Modified: 2017-07-15 03:45:47
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 32741 

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