82_FR_40351 82 FR 40188 - Self-Regulatory Organizations; Nasdaq GEMX, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Related to Quoting at the Opening

82 FR 40188 - Self-Regulatory Organizations; Nasdaq GEMX, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Related to Quoting at the Opening

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 163 (August 24, 2017)

Page Range40188-40190
FR Document2017-17908

Federal Register, Volume 82 Issue 163 (Thursday, August 24, 2017)
[Federal Register Volume 82, Number 163 (Thursday, August 24, 2017)]
[Notices]
[Pages 40188-40190]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-17908]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81436; File No. SR-GEMX-2017-38]


Self-Regulatory Organizations; Nasdaq GEMX, LLC; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change Related to Quoting 
at the Opening

August 18, 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 August 17, 2017, Nasdaq GEMX, LLC (``GEMX'' or ``Exchange'') filed 
with the Securities and Exchange Commission (``Commission'') the 
proposed rule change as described in Items I and II below, which Items 
have been prepared by the Exchange. The Commission is publishing this 
notice to solicit comments on the proposed rule change from interested 
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend GEMX Rule 701, entitled ``Opening.''
    The text of the proposed rule change is available on the Exchange's 
Web site at www.ise.com, at the principal office of the Exchange, and 
at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements 
concerning the purpose of and basis for the proposed rule change and 
discussed any comments it received on the proposed rule change. The 
text of these statements may be examined at the places specified in 
Item IV below. The Exchange has prepared summaries, set forth in 
sections A, B, and C below, of the most significant aspects of such 
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The purpose of this rule change is to amend GEMX Rule 701, 
``Opening'' to specifically amend opening obligations for Primary 
Market Makers or ``PMMs.'' The Exchange notes that the proposed rule 
change is similar to a Nasdaq MRX, LLC (``MRX'') rule.\3\
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    \3\ See MRX Rule 701.
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    Today, GEMX Rule 701(c)(3) states that the PMM assigned in a 
particular equity option must enter a Valid Width Quote not later than 
one minute following the dissemination of a quote or trade by the 
market for the underlying security or, in the case of index options, 
following the receipt of the opening price in the underlying index. The 
PMM assigned in a particular U.S. dollar-settled foreign currency 
option must enter a Valid Width Quote not later than one minute after 
the announced market opening.
    First, the Exchange proposes to add the words ``or index'' to 
further clarify that the requirement applies to equities and index 
options. The Exchange proposes this addition to further clarify the 
requirement in Rule 701(c)(3) clearly applies to equity and index 
options.
    Second, the Exchange proposes to modify the PMM's current 
obligation to enter Valid Width Quotes not later than one minute 
following the dissemination of a quote or trade by the market for the 
underlying security or, in the case of index options, following the 
receipt of the opening price in the underlying index for all assigned 
options, or in the case of a U.S. dollar-settled foreign currency 
option after the announced market opening. The Exchange believes that 
the current requirement is very burdensome and instead proposes to add 
``in 90% of their assigned series'' to require a PMM to enter a Valid 
Width Quote not later than one minute following the dissemination of a 
quote or trade by the market for the underlying security or, in the 
case of index options, following the receipt of the opening price in 
90% of their assigned series, or in the case of a U.S. dollar-settled 
foreign currency option in 90% of their assigned series not later than 
one minute after the announced market opening.
    Further, the Exchange proposes to require PMMs to promptly enter a 
Valid Width Quote in the remainder of their assigned series, which did 
not open within one minute following the dissemination of a quote or 
trade by the market for the underlying security or, in the case of 
index options, following the receipt of the opening price, in the 
underlying index or, with respect to a U.S. dollar-settled foreign 
currency option, following the announced market opening. The Exchange's 
proposal is intended to account for market conditions which may prevent 
a PMM from opening all assigned series, for example an extremely 
volatile market which may impact the PMM's ability to enter aggressive 
quotes. Another example would be that news pertaining to a specific 
security is causing the underlying price to fluctuate rapidly and 
significantly, thereby causing the PMM to await the underlying equity 
price to settle before entering a Valid Width Quote. The Exchange's 
surveillance staff would monitor to ensure that PMMs are complying with 
these requirements during the Opening Process.
    Today, the Opening Process for an options series will be conducted 
on or after 9:30 a.m. if the system has received, within two minutes 
(or such shorter time as determined by the Exchange and disseminated to 
membership on the Exchange's Web site) of the opening trade or quote on 
the market for the underlying security in the case of equity options 
or, in the case of index options, within two minutes of the receipt of 
the opening price in the underlying index (or such shorter time as 
determined by the Exchange and disseminated to membership on the 
Exchange's Web site), or within two minutes of market opening for the 
underlying currency in the case of a U.S. dollar-settled foreign 
currency option (or such shorter time as determined by the Exchange and 
disseminated to membership on the Exchange's Web site) the PMM's Valid 
Width Quote, the Valid Width Quotes of two Competitive Maker [sic] 
Makers (``CMMs'') or if neither the PMM's Valid Width Quote nor the 
Valid Width Quote of two CMMs have been submitted within such 
timeframe, if one CMM has submitted a Valid Width Quote.\4\
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    \4\ See Rule 701(c)(1)(i)-(iii).
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Implementation
    The Exchange proposes to implement this rule change on September 
29, 2017.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b)

[[Page 40189]]

of the Act,\5\ in general, and furthers the objectives of Section 
6(b)(5) of the Act,\6\ in particular, in that it is designed to promote 
just and equitable principles of trade, to remove impediments to and 
perfect the mechanism of a free and open market and a national market 
system, and, in general to protect investors and the public interest 
for the reasons stated below.
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    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
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    The Exchange's first proposal at Rule 701(c)(3) to clarify that the 
requirement applies to equities and index options will make clear the 
applicability of the PMM's requirement to enter Valid Width Quotes. 
This proposed amendment is non-substantive and is intended to add 
clarity to the rules.
    The second proposal to amend a PMM's requirement to enter Valid 
Width Quotes during the Opening Process is consistent with the Act 
because the 90% requirement to provide a Valid Width Quote in a series 
to which the PMM is assigned will continue to ensure that options 
series are opened in a timely manner, while not imposing a burdensome 
requirement on market participants. PMMs would be required to promptly 
enter a Valid Width Quote in the remainder of their assigned series, 
which did not open within one minute of the dissemination of a quote or 
trade by the market for the underlying security or in the case of index 
options, following the receipt of the opening price or, with respect to 
U.S. dollar-settled foreign currency options, following the announced 
market opening. The Exchange would monitor PMMs to ensure that they 
promptly provided a Valid Width Quote for the remainder of the series 
within a reasonable amount of time. The Exchange notes that market 
conditions could cause a PMM to experience circumstances where opening 
100% of all of their assigned series within one minute of the 
dissemination of a quote or trade by the market for the underlying 
security or, in the case of index options, following the receipt of the 
opening price in the underlying index or, with respect to U.S. dollar-
settled foreign currency options, following the announced market 
opening, is not feasible.
    The Exchange believes that the proposed 90% Valid Width Quoting 
obligation, not later than one minute following the dissemination of a 
quote or trade by the market for the underlying security or, in the 
case of index options, following the receipt of the opening price in 
the underlying index or, with respect to U.S. dollar-settled foreign 
currency options, following the announced market opening, along with 
the ``prompt'' standard for the remaining 10% of their assigned series 
will ensure all series are opened in a timely manner. The Exchange's 
proposal accounts for market conditions which may prevent a PMM from 
opening all assigned series, for example an extremely volatile market 
which may impact the PMM's ability to enter aggressive quotes. Another 
example would be that news pertaining to a specific security is causing 
the underlying price to fluctuate rapidly and significantly, thereby 
causing the PMM to await the underlying equity price to settle before 
entering a Valid Width Quote. The Exchange believes that the time frame 
for PMMs to provide a Valid Width Quote in 90% of their assigned series 
not later than one minute following the dissemination of a quote or 
trade by the market for the underlying security or, in the case of 
index options, following the receipt of the opening price in the 
underlying index or, with respect to U.S. dollar-settled foreign 
currency options, following the announced market opening will ensure 
liquidity on GEMX during the Opening Process. The Exchange desires to 
encourage PMMs to continue to make markets on GEMX at the Opening. The 
Exchange believes that requiring PMMs to provide a Valid Width Quote in 
90% of their assigned options not later than one minute following the 
dissemination of a quote or trade by the market for the underlying 
security or, in the case of index options, following the receipt of the 
opening price in the underlying index or, with respect to U.S. dollar-
settled foreign currency options, following the announced market 
opening along with the ``prompt'' standard for the remaining 10% will 
enhance the market making functions for PMMs and serve to maintain a 
fair and orderly market thereby promoting the protection of investors 
and the public interest.

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 proposal does not change 
the intense competition that exists among the options markets for 
options business including on the opening. Nor does the Exchange 
believe that the proposal will impose any burden on intra-market 
competition; the Opening Process involves many types of participants 
and interest.
    The Exchange's proposal to require a PMM to enter a Valid Width 
Quote in 90% of their assigned series not later than one minute time 
following the dissemination of a quote or trade by the market for the 
underlying security or, in the case of index options, following the 
receipt of the opening price in the underlying index or, with respect 
to U.S. dollar-settled foreign currency options, following the 
announced market opening and promptly enter a Valid Width quote for the 
remaining 10% their assigned series does not create an undue burden on 
competition. The proposal will continue to ensure that options series 
are opened in a timely manner, while not imposing a burdensome 
requirement on market participants. PMMs would be required to promptly 
enter a Valid Width Quote in the remainder of their assigned series 
which were not open within one minute following the dissemination of a 
quote or trade by the market for the underlying security or, in the 
case of index options, following the receipt of the opening price in 
the underlying index or, with respect to U.S. dollar-settled foreign 
currency options, following the announced market opening. The Exchange 
would monitor PMMs to ensure that they promptly entered a Valid Width 
Quote for the remainder of their assigned series within a reasonable 
amount of time. The Exchange notes that market conditions could cause a 
PMM to experience circumstances where entering a Valid Width Quote for 
100% of all of their assigned series within one minute following the 
dissemination of a quote or trade by the market for the underlying 
security or, in the case of index options, following the receipt of the 
opening price in the underlying index or with respect to U.S. dollar-
settled foreign currency options within one minute after the announced 
market opening is not feasible. The Exchange believes that the proposed 
90% obligation to enter a Valid Width Quote not later than one minute 
following the dissemination of a quote or trade by the market for the 
underlying security or, in the case of index options, following the 
receipt of the opening price in the underlying index or, with respect 
to U.S. dollar-settled foreign currency options, following the 
announced market opening for the underlying security along with the 
``prompt'' standard for the remaining series will ensure all series are 
opened in a timely manner.

[[Page 40190]]

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 \7\ and 
subparagraph (f)(6) of Rule 19b-4 thereunder.\8\
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    \7\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \8\ 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, along 
with a brief description and text of 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-GEMX-2017-38 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-GEMX-2017-38. 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-GEMX-2017-38 and should be 
submitted on or before September 14, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\9\
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    \9\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2017-17908 Filed 8-23-17; 8:45 am]
BILLING CODE 8011-01-P



                                               40188                          Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Notices

                                               other person may file any additional                       forth in sections A, B, and C below, of               Width Quote in the remainder of their
                                               statement.                                                 the most significant aspects of such                  assigned series, which did not open
                                                  It is further ordered that the August 9,                statements.                                           within one minute following the
                                               2017 order approving the proposed rule                                                                           dissemination of a quote or trade by the
                                               change, as modified by Amendment No.                       A. Self-Regulatory Organization’s
                                                                                                                                                                market for the underlying security or, in
                                               1 (File No. SR–CHX–2016–20), shall                         Statement of the Purpose of, and
                                                                                                                                                                the case of index options, following the
                                               remain stayed pending further order of                     Statutory Basis for, the Proposed Rule
                                                                                                                                                                receipt of the opening price, in the
                                               the Commission.                                            Change
                                                                                                                                                                underlying index or, with respect to a
                                                  By the Commission.                                      1. Purpose                                            U.S. dollar-settled foreign currency
                                               Jill M. Peterson,                                             The purpose of this rule change is to              option, following the announced market
                                               Assistant Secretary.                                       amend GEMX Rule 701, ‘‘Opening’’ to                   opening. The Exchange’s proposal is
                                               [FR Doc. 2017–17921 Filed 8–23–17; 8:45 am]                specifically amend opening obligations                intended to account for market
                                                                                                          for Primary Market Makers or ‘‘PMMs.’’                conditions which may prevent a PMM
                                               BILLING CODE 8011–01–P
                                                                                                          The Exchange notes that the proposed                  from opening all assigned series, for
                                                                                                          rule change is similar to a Nasdaq MRX,               example an extremely volatile market
                                               SECURITIES AND EXCHANGE                                    LLC (‘‘MRX’’) rule.3                                  which may impact the PMM’s ability to
                                               COMMISSION                                                    Today, GEMX Rule 701(c)(3) states                  enter aggressive quotes. Another
                                                                                                          that the PMM assigned in a particular                 example would be that news pertaining
                                               [Release No. 34–81436; File No. SR–GEMX–                                                                         to a specific security is causing the
                                               2017–38]                                                   equity option must enter a Valid Width
                                                                                                          Quote not later than one minute                       underlying price to fluctuate rapidly
                                               Self-Regulatory Organizations; Nasdaq                      following the dissemination of a quote                and significantly, thereby causing the
                                               GEMX, LLC; Notice of Filing and                            or trade by the market for the                        PMM to await the underlying equity
                                               Immediate Effectiveness of Proposed                        underlying security or, in the case of                price to settle before entering a Valid
                                               Rule Change Related to Quoting at the                      index options, following the receipt of               Width Quote. The Exchange’s
                                               Opening                                                    the opening price in the underlying                   surveillance staff would monitor to
                                                                                                          index. The PMM assigned in a                          ensure that PMMs are complying with
                                               August 18, 2017.                                                                                                 these requirements during the Opening
                                                                                                          particular U.S. dollar-settled foreign
                                                  Pursuant to Section 19(b)(1) of the                     currency option must enter a Valid                    Process.
                                               Securities Exchange Act of 1934                            Width Quote not later than one minute                    Today, the Opening Process for an
                                               (‘‘Act’’),1 and Rule 19b–4 thereunder,2                    after the announced market opening.                   options series will be conducted on or
                                               notice is hereby given that on August                         First, the Exchange proposes to add                after 9:30 a.m. if the system has
                                               17, 2017, Nasdaq GEMX, LLC (‘‘GEMX’’                       the words ‘‘or index’’ to further clarify             received, within two minutes (or such
                                               or ‘‘Exchange’’) filed with the Securities                 that the requirement applies to equities              shorter time as determined by the
                                               and Exchange Commission                                    and index options. The Exchange                       Exchange and disseminated to
                                               (‘‘Commission’’) the proposed rule                         proposes this addition to further clarify             membership on the Exchange’s Web
                                               change as described in Items I and II                      the requirement in Rule 701(c)(3) clearly             site) of the opening trade or quote on the
                                               below, which Items have been prepared                                                                            market for the underlying security in the
                                                                                                          applies to equity and index options.
                                               by the Exchange. The Commission is                            Second, the Exchange proposes to                   case of equity options or, in the case of
                                               publishing this notice to solicit                          modify the PMM’s current obligation to                index options, within two minutes of
                                               comments on the proposed rule change                       enter Valid Width Quotes not later than               the receipt of the opening price in the
                                               from interested persons.                                   one minute following the dissemination                underlying index (or such shorter time
                                               I. Self-Regulatory Organization’s                          of a quote or trade by the market for the             as determined by the Exchange and
                                               Statement of the Terms of Substance of                     underlying security or, in the case of                disseminated to membership on the
                                               the Proposed Rule Change                                   index options, following the receipt of               Exchange’s Web site), or within two
                                                                                                          the opening price in the underlying                   minutes of market opening for the
                                                  The Exchange proposes to amend
                                                                                                          index for all assigned options, or in the             underlying currency in the case of a
                                               GEMX Rule 701, entitled ‘‘Opening.’’
                                                                                                          case of a U.S. dollar-settled foreign                 U.S. dollar-settled foreign currency
                                                  The text of the proposed rule change
                                                                                                          currency option after the announced                   option (or such shorter time as
                                               is available on the Exchange’s Web site
                                                                                                          market opening. The Exchange believes                 determined by the Exchange and
                                               at www.ise.com, at the principal office
                                                                                                          that the current requirement is very                  disseminated to membership on the
                                               of the Exchange, and at the
                                                                                                          burdensome and instead proposes to                    Exchange’s Web site) the PMM’s Valid
                                               Commission’s Public Reference Room.
                                                                                                          add ‘‘in 90% of their assigned series’’ to            Width Quote, the Valid Width Quotes of
                                               II. Self-Regulatory Organization’s                         require a PMM to enter a Valid Width                  two Competitive Maker [sic] Makers
                                               Statement of the Purpose of, and                           Quote not later than one minute                       (‘‘CMMs’’) or if neither the PMM’s Valid
                                               Statutory Basis for, the Proposed Rule                     following the dissemination of a quote                Width Quote nor the Valid Width Quote
                                               Change                                                     or trade by the market for the                        of two CMMs have been submitted
                                                  In its filing with the Commission, the                  underlying security or, in the case of                within such timeframe, if one CMM has
                                               Exchange included statements                               index options, following the receipt of               submitted a Valid Width Quote.4
                                               concerning the purpose of and basis for                    the opening price in 90% of their                     Implementation
                                               the proposed rule change and discussed                     assigned series, or in the case of a U.S.
                                               any comments it received on the                            dollar-settled foreign currency option in               The Exchange proposes to implement
rmajette on DSKBCKNHB2PROD with NOTICES




                                               proposed rule change. The text of these                    90% of their assigned series not later                this rule change on September 29, 2017.
                                               statements may be examined at the                          than one minute after the announced                   2. Statutory Basis
                                               places specified in Item IV below. The                     market opening.
                                               Exchange has prepared summaries, set                          Further, the Exchange proposes to                    The Exchange believes that its
                                                                                                          require PMMs to promptly enter a Valid                proposal is consistent with Section 6(b)
                                                 1 15   U.S.C. 78s(b)(1).
                                                 2 17   CFR 240.19b–4.                                      3 See   MRX Rule 701.                                 4 See   Rule 701(c)(1)(i)–(iii).



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                                                                              Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Notices                                          40189

                                               of the Act,5 in general, and furthers the                  settled foreign currency options,                       The Exchange’s proposal to require a
                                               objectives of Section 6(b)(5) of the Act,6                 following the announced market                        PMM to enter a Valid Width Quote in
                                               in particular, in that it is designed to                   opening, along with the ‘‘prompt’’                    90% of their assigned series not later
                                               promote just and equitable principles of                   standard for the remaining 10% of their               than one minute time following the
                                               trade, to remove impediments to and                        assigned series will ensure all series are            dissemination of a quote or trade by the
                                               perfect the mechanism of a free and                        opened in a timely manner. The                        market for the underlying security or, in
                                               open market and a national market                          Exchange’s proposal accounts for                      the case of index options, following the
                                               system, and, in general to protect                         market conditions which may prevent a                 receipt of the opening price in the
                                               investors and the public interest for the                  PMM from opening all assigned series,                 underlying index or, with respect to
                                               reasons stated below.                                      for example an extremely volatile
                                                                                                                                                                U.S. dollar-settled foreign currency
                                                  The Exchange’s first proposal at Rule                   market which may impact the PMM’s
                                               701(c)(3) to clarify that the requirement                                                                        options, following the announced
                                                                                                          ability to enter aggressive quotes.
                                               applies to equities and index options                      Another example would be that news                    market opening and promptly enter a
                                               will make clear the applicability of the                   pertaining to a specific security is                  Valid Width quote for the remaining
                                               PMM’s requirement to enter Valid                           causing the underlying price to fluctuate             10% their assigned series does not
                                               Width Quotes. This proposed                                rapidly and significantly, thereby                    create an undue burden on competition.
                                               amendment is non-substantive and is                        causing the PMM to await the                          The proposal will continue to ensure
                                               intended to add clarity to the rules.                      underlying equity price to settle before              that options series are opened in a
                                                  The second proposal to amend a                          entering a Valid Width Quote. The                     timely manner, while not imposing a
                                               PMM’s requirement to enter Valid                           Exchange believes that the time frame                 burdensome requirement on market
                                               Width Quotes during the Opening                            for PMMs to provide a Valid Width                     participants. PMMs would be required
                                               Process is consistent with the Act                         Quote in 90% of their assigned series                 to promptly enter a Valid Width Quote
                                               because the 90% requirement to provide                     not later than one minute following the               in the remainder of their assigned series
                                               a Valid Width Quote in a series to                         dissemination of a quote or trade by the              which were not open within one minute
                                               which the PMM is assigned will                             market for the underlying security or, in             following the dissemination of a quote
                                               continue to ensure that options series                     the case of index options, following the              or trade by the market for the
                                               are opened in a timely manner, while                       receipt of the opening price in the                   underlying security or, in the case of
                                               not imposing a burdensome requirement                      underlying index or, with respect to                  index options, following the receipt of
                                               on market participants. PMMs would be                      U.S. dollar-settled foreign currency                  the opening price in the underlying
                                               required to promptly enter a Valid                         options, following the announced
                                               Width Quote in the remainder of their                                                                            index or, with respect to U.S. dollar-
                                                                                                          market opening will ensure liquidity on
                                               assigned series, which did not open                                                                              settled foreign currency options,
                                                                                                          GEMX during the Opening Process. The
                                               within one minute of the dissemination                                                                           following the announced market
                                                                                                          Exchange desires to encourage PMMs to
                                               of a quote or trade by the market for the                  continue to make markets on GEMX at                   opening. The Exchange would monitor
                                               underlying security or in the case of                      the Opening. The Exchange believes                    PMMs to ensure that they promptly
                                               index options, following the receipt of                    that requiring PMMs to provide a Valid                entered a Valid Width Quote for the
                                               the opening price or, with respect to                      Width Quote in 90% of their assigned                  remainder of their assigned series
                                               U.S. dollar-settled foreign currency                       options not later than one minute                     within a reasonable amount of time. The
                                               options, following the announced                           following the dissemination of a quote                Exchange notes that market conditions
                                               market opening. The Exchange would                         or trade by the market for the                        could cause a PMM to experience
                                               monitor PMMs to ensure that they                           underlying security or, in the case of                circumstances where entering a Valid
                                               promptly provided a Valid Width Quote                      index options, following the receipt of               Width Quote for 100% of all of their
                                               for the remainder of the series within a                   the opening price in the underlying                   assigned series within one minute
                                               reasonable amount of time. The                             index or, with respect to U.S. dollar-                following the dissemination of a quote
                                               Exchange notes that market conditions                      settled foreign currency options,                     or trade by the market for the
                                               could cause a PMM to experience                            following the announced market                        underlying security or, in the case of
                                               circumstances where opening 100% of                        opening along with the ‘‘prompt’’                     index options, following the receipt of
                                               all of their assigned series within one                    standard for the remaining 10% will                   the opening price in the underlying
                                               minute of the dissemination of a quote                     enhance the market making functions                   index or with respect to U.S. dollar-
                                               or trade by the market for the                             for PMMs and serve to maintain a fair                 settled foreign currency options within
                                               underlying security or, in the case of                     and orderly market thereby promoting                  one minute after the announced market
                                               index options, following the receipt of                    the protection of investors and the
                                                                                                                                                                opening is not feasible. The Exchange
                                               the opening price in the underlying                        public interest.
                                               index or, with respect to U.S. dollar-                                                                           believes that the proposed 90%
                                                                                                          B. Self-Regulatory Organization’s                     obligation to enter a Valid Width Quote
                                               settled foreign currency options,
                                                                                                          Statement on Burden on Competition                    not later than one minute following the
                                               following the announced market
                                               opening, is not feasible.                                    The Exchange does not believe that                  dissemination of a quote or trade by the
                                                  The Exchange believes that the                          the proposed rule change will impose                  market for the underlying security or, in
                                               proposed 90% Valid Width Quoting                           any burden on competition not                         the case of index options, following the
                                               obligation, not later than one minute                      necessary or appropriate in furtherance               receipt of the opening price in the
                                               following the dissemination of a quote                     of the purposes of the Act. The proposal              underlying index or, with respect to
                                               or trade by the market for the                             does not change the intense competition               U.S. dollar-settled foreign currency
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                                               underlying security or, in the case of                     that exists among the options markets                 options, following the announced
                                               index options, following the receipt of                    for options business including on the                 market opening for the underlying
                                               the opening price in the underlying                        opening. Nor does the Exchange believe                security along with the ‘‘prompt’’
                                               index or, with respect to U.S. dollar-                     that the proposal will impose any                     standard for the remaining series will
                                                                                                          burden on intra-market competition; the               ensure all series are opened in a timely
                                                 5 15   U.S.C. 78f(b).                                    Opening Process involves many types of                manner.
                                                 6 15   U.S.C. 78f(b)(5).                                 participants and interest.


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                                               40190                         Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Notices

                                               C. Self-Regulatory Organization’s                         number should be included on the                       (‘‘Commission’’) the proposed rule
                                               Statement on Comments on the                              subject line if email is used. To help the             change as described in Items I and II
                                               Proposed Rule Change Received From                        Commission process and review your                     below, which Items have been prepared
                                               Members, Participants, or Others                          comments more efficiently, please use                  by the Exchange. The Commission is
                                                 No written comments were either                         only one method. The Commission will                   publishing this notice to solicit
                                               solicited or received.                                    post all comments on the Commission’s                  comments on the proposed rule change
                                                                                                         Internet Web site (http://www.sec.gov/                 from interested persons.
                                               III. Date of Effectiveness of the                         rules/sro.shtml). Copies of the
                                               Proposed Rule Change and Timing for                       submission, all subsequent                             I. Self-Regulatory Organization’s
                                               Commission Action                                         amendments, all written statements                     Statement of the Terms of Substance of
                                                                                                         with respect to the proposed rule                      the Proposed Rule Change
                                                  Because the foregoing proposed rule
                                               change does not: (i) Significantly affect                 change that are filed with the                            The Exchange proposes to amend ISE
                                               the protection of investors or the public                 Commission, and all written                            Rule 701, entitled ‘‘Opening.’’
                                               interest; (ii) impose any significant                     communications relating to the                            The text of the proposed rule change
                                               burden on competition; and (iii) become                   proposed rule change between the                       is available on the Exchange’s Web site
                                               operative for 30 days from the date on                    Commission and any person, other than                  at www.ise.com, at the principal office
                                               which it was filed, or such shorter time                  those that may be withheld from the                    of the Exchange, and at the
                                               as the Commission may designate, it has                   public in accordance with the                          Commission’s Public Reference Room.
                                               become effective pursuant to Section                      provisions of 5 U.S.C. 552, will be
                                                                                                         available for Web site viewing and                     II. Self-Regulatory Organization’s
                                               19(b)(3)(A)(iii) of the Act 7 and                                                                                Statement of the Purpose of, and
                                               subparagraph (f)(6) of Rule 19b–4                         printing in the Commission’s Public
                                                                                                         Reference Room, 100 F Street NE.,                      Statutory Basis for, the Proposed Rule
                                               thereunder.8                                                                                                     Change
                                                  At any time within 60 days of the                      Washington, DC 20549, on official
                                               filing of the proposed rule change, the                   business days between the hours of                       In its filing with the Commission, the
                                               Commission summarily may                                  10:00 a.m. and 3:00 p.m. Copies of the                 Exchange included statements
                                               temporarily suspend such rule change if                   filing also will be available for                      concerning the purpose of and basis for
                                               it appears to the Commission that such                    inspection and copying at the principal                the proposed rule change and discussed
                                               action is: (i) Necessary or appropriate in                office of the Exchange. All comments                   any comments it received on the
                                               the public interest; (ii) for the protection              received will be posted without change;                proposed rule change. The text of these
                                               of investors; or (iii) otherwise in                       the Commission does not edit personal                  statements may be examined at the
                                               furtherance of the purposes of the Act.                   identifying information from                           places specified in Item IV below. The
                                               If the Commission takes such action, the                  submissions. You should submit only                    Exchange has prepared summaries, set
                                               Commission shall institute proceedings                    information that you wish to make                      forth in sections A, B, and C below, of
                                               to determine whether the proposed rule                    available publicly. All submissions                    the most significant aspects of such
                                               should be approved or disapproved.                        should refer to File Number SR–GEMX–                   statements.
                                                                                                         2017–38 and should be submitted on or
                                               IV. Solicitation of Comments                              before September 14, 2017.                             A. Self-Regulatory Organization’s
                                                 Interested persons are invited to                                                                              Statement of the Purpose of, and
                                                                                                           For the Commission, by the Division of               Statutory Basis for, the Proposed Rule
                                               submit written data, views, and                           Trading and Markets, pursuant to delegated
                                               arguments concerning the foregoing,                       authority.9                                            Change
                                               including whether the proposed rule                       Robert W. Errett,                                      1. Purpose
                                               change is consistent with the Act.                        Deputy Secretary.
                                               Comments may be submitted by any of                                                                                 The purpose of this rule change is to
                                                                                                         [FR Doc. 2017–17908 Filed 8–23–17; 8:45 am]            amend ISE Rule 701, ‘‘Opening’’ to
                                               the following methods:
                                                                                                         BILLING CODE 8011–01–P                                 specifically amend opening obligations
                                               Electronic Comments                                                                                              for Primary Market Makers or ‘‘PMMs.’’
                                                 • Use the Commission’s Internet                                                                                The Exchange notes that the proposed
                                               comment form (http://www.sec.gov/                         SECURITIES AND EXCHANGE                                rule change is similar to a Nasdaq MRX,
                                               rules/sro.shtml); or                                      COMMISSION                                             LLC (‘‘MRX’’) rule.3
                                                 • Send an email to rule-comments@                       [Release No. 34–81434; File No. SR–ISE–                   Today, ISE Rule 701(c)(3) states that
                                               sec.gov. Please include File Number SR–                   2017–78]                                               the PMM assigned in a particular equity
                                               GEMX–2017–38 on the subject line.                                                                                option must enter a Valid Width Quote
                                                                                                         Self-Regulatory Organizations; Nasdaq                  not later than one minute following the
                                               Paper Comments                                            ISE, LLC; Notice of Filing and                         dissemination of a quote or trade by the
                                                 • Send paper comments in triplicate                     Immediate Effectiveness of Proposed                    market for the underlying security or, in
                                               to Secretary, Securities and Exchange                     Rule Change Related to Quoting at the                  the case of index options, following the
                                               Commission, 100 F Street NE.,                             Opening                                                receipt of the opening price in the
                                               Washington, DC 20549–1090.                                                                                       underlying index. The PMM assigned in
                                                                                                         August 18, 2017.
                                               All submissions should refer to File                         Pursuant to Section 19(b)(1) of the                 a particular U.S. dollar-settled foreign
                                               Number SR–GEMX–2017–38. This file                         Securities Exchange Act of 1934                        currency option must enter a Valid
                                                                                                         (‘‘Act’’),1 and Rule 19b–4 thereunder,2                Width Quote not later than one minute
                                                 7 15  U.S.C. 78s(b)(3)(A)(iii).
                                                                                                         notice is hereby given that on August                  after the announced market opening.
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                                                 8 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                                                                                         17, 2017, Nasdaq ISE, LLC (‘‘ISE’’ or                     First, the Exchange proposes to add
                                               4(f)(6) requires a self-regulatory organization to give
                                               the Commission written notice of its intent to file       ‘‘Exchange’’) filed with the Securities                the words ‘‘or index’’ to further clarify
                                               the proposed rule change, along with a brief              and Exchange Commission                                that the requirement applies to equities
                                               description and text of the proposed rule change,                                                                and index options. The Exchange
                                               at least five business days prior to the date of filing
                                               of the proposed rule change, or such shorter time
                                                                                                           9 17 CFR 200.30–3(a)(12).                            proposes this addition to further clarify
                                                                                                           1 15 U.S.C. 78s(b)(1).
                                               as designated by the Commission. The Exchange
                                               has satisfied this requirement.                             2 17 CFR 240.19b–4.                                    3 See   MRX Rule 701.



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Document Created: 2018-10-24 12:36:25
Document Modified: 2018-10-24 12:36:25
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 40188 

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