82_FR_50404 82 FR 50196 - Self-Regulatory Organizations; Nasdaq GEMX, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Rule 723 To Remove Obsolete Rule Text

82 FR 50196 - Self-Regulatory Organizations; Nasdaq GEMX, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Rule 723 To Remove Obsolete Rule Text

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 208 (October 30, 2017)

Page Range50196-50198
FR Document2017-23484

Federal Register, Volume 82 Issue 208 (Monday, October 30, 2017)
[Federal Register Volume 82, Number 208 (Monday, October 30, 2017)]
[Notices]
[Pages 50196-50198]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-23484]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81935; File No. SR-GEMX-2017-49]


Self-Regulatory Organizations; Nasdaq GEMX, LLC; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change To Amend Rule 723 
To Remove Obsolete Rule Text

October 24, 2017.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given 
that on October 17, 2017, Nasdaq GEMX, LLC (``GEMX'' or ``Exchange'') 
filed with the Securities and Exchange Commission (``SEC'' or 
``Commission'') the proposed rule change as described in Items I and II 
below, which Items have been prepared by the Exchange. The Commission 
is publishing this notice to solicit comments on the proposed rule 
change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend Rule 723 (Price Improvement 
Mechanism for Crossing Transactions) to remove obsolete rule text.
    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

[[Page 50197]]

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 Rule 723 (Price Improvement 
Mechanism for Crossing Transactions) to remove obsolete rule text.
    Rule 723 sets forth the requirements for the PIM, which was adopted 
as part of its application to be registered as a national securities 
exchange under its previous name of Topaz Exchange, LLC (``Topaz'').\3\ 
Certain aspects of PIM were adopted on a pilot basis (``Pilot''); 
specifically, the termination of the exposure period by unrelated 
orders, and no minimum size requirement of orders eligible for PIM. The 
Pilot expired on January 18, 2017.
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    \3\ See Securities Exchange Act Release No. 70050 (July 26, 
2013), 78 FR 46622 (August 1, 2013) (File No. 10-209) (``Exchange 
Approval Order''). The Exchange subsequently changed its name to ISE 
Gemini. See Securities Exchange Act Release No. 71586 (February 20, 
2014), 79 FR 10861 (February 26, 2014) (SR-Topaz-2014-06).
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    On December 12, 2016, the Exchange filed with the Commission a 
proposed rule change to make the Pilot permanent, and also to change 
the requirements for providing price improvement for Agency Orders of 
less than 50 option contracts (other than auctions involving Complex 
Orders) where the National Best Bid and Offer (``NBBO'') is only $0.01 
wide.\4\ The Commission approved this proposal on January 18, 2017.\5\
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    \4\ See Securities Exchange Act Release No. 79541 (December 13, 
2016), 81 FR 91974 (December 19, 2017) (SR-ISEGemini-2016-23). The 
Exchange notes that, on April 3, 2017, ISE Gemini, LLC was renamed 
Nasdaq GEMX, LLC to reflect its new placement within the Nasdaq, 
Inc. corporate structure in connection with the March 9, 2016 
acquisition by Nasdaq of the capital stock of U.S. Exchange 
Holdings, and the indirect acquisition all of the interests of the 
International Securities Exchange, LLC, ISE Gemini, LLC and ISE 
Mercury, LLC. See Securities Exchange Act Release No. 80248 (March 
15, 2017), 82 FR 14547 (March 21, 2017) (SR-ISEGemini-2017-13).
    \5\ See Securities Exchange Act Release No. 79840 (January 18, 
2017), 82 FR 8474 (January 25, 2017) (SR-ISEGemini-2016-23).
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    In modifying the requirements for price improvement for Agency 
Orders of less than 50 contracts, the Exchange proposed to amend Rule 
723(b) to require Electronic Access Members to provide at least $0.01 
price improvement for an Agency Order if that order is for less than 50 
contracts and if the difference between the NBBO is $0.01.
    The Exchange adopted a member conduct standard to implement this 
requirement during the time pursuant to which ISE Gemini symbols were 
migrating from the ISE Gemini platform to the Nasdaq INET platform. At 
the time it proposed the member conduct standard, the Exchange 
anticipated that the migration to the Nasdaq platform would be complete 
on or before April 15, 2017. Accordingly, Rule 723(b) stated that, for 
the period beginning January 19, 2017 until a date specified by the 
Exchange in a Regulatory Information Circular, which date shall be no 
later than April 15, 2017, if the Agency Order is for less than 50 
option contracts, and if the difference between the NBBO is $0.01, an 
Electronic Access Member shall not enter a Crossing Transaction unless 
such Crossing Transaction is entered at one minimum price improvement 
increment better than the NBBO on the opposite side of the market from 
the Agency Order, and better than the limit order or quote on the 
Nasdaq GEMX order book on the same side of the Agency Order. This 
requirement applied regardless of whether the Agency Order is for the 
account of a public customer, or where the Agency Order is for the 
account of a broker dealer or any other person or entity that is not a 
Public Customer.\6\
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    \6\ Nasdaq ISE, LLC (``ISE'') filed a proposed rule change at 
the same time as the Exchange to adopt the same price improvement 
requirement. To enforce this requirement, ISE also amended its Rule 
1614 (Imposition of Fines for Minor Rule Violations). Specifically, 
ISE added Rule 1614(d)(4), which provides that any Member who enters 
an order into PIM for less than 50 contracts, while the National 
Best Bid or Offer spread is $0.01, must provide price improvement of 
at least one minimum price improvement increment better than the 
NBBO on the opposite side of the market from the Agency Order, which 
increment may not be smaller than $0.01. Failure to provide such 
price improvement will result in members being subject to the 
following fines: $500 for the second offense, $1,000 for the third 
offense, and $2,500 for the fourth offense. Subsequent offenses will 
subject the member to formal disciplinary action. The Exchange will 
review violations on a monthly cycle to assess these violations. 
This provision was to be in effect for the period beginning January 
19, 2017 until a date specified by the Exchange in a Regulatory 
Information Circular, which date shall be no later than until 
September 15, 2017. The Exchange incorporated this provision by 
reference. See GEMX Chapter 16 (Discipline). Contemporaneous with 
this proposal, ISE is now submitting a filing to remove the member 
conduct standard for its price improvement rule and the 
corresponding provision in Rule 1614 for violations of that 
standard. As such, GEMX will no longer incorporate this provision of 
Rule 1614 by reference.
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    In adopting the price improvement requirement for Agency Orders of 
less than 50 contracts, the Exchange also proposed to amend Rule 723(b) 
to adopt a systems-based mechanism to implement this requirement, which 
shall be effective following the migration of a symbol to the Nasdaq 
INET platform. Under this provision, if the Agency Order is for less 
than 50 option contracts, and if the difference between the NBBO is 
$0.01, the Crossing Transaction must be entered at one minimum price 
improvement increment better than the NBBO on the opposite side of the 
market from the Agency Order and better than the limit order or quote 
on the Nasdaq GEMX order book on the same side of the Agency Order.
    By April 15, 2017, the Exchange had completed the migration of 
symbols to the Nasdaq INET platform, and adopted the corresponding 
systems-based mechanism for enforcing the price improvement requirement 
where the Agency Order is for less than 50 option contracts, and if the 
difference between the NBBO is $0.01. Accordingly, the Exchange is now 
proposing to delete the rule text in Rule 723 that implements the 
member conduct standard.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with section 
6(b) of the Act,\7\ in general, and furthers the objectives of section 
6(b)(5) of the Act,\8\ 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. 
The Exchange believes this proposal is consistent with the Act because 
it removes language that implements the member conduct standard where 
the Agency Order is for less than 50 option contracts, and if the 
difference between the NBBO is $0.01. As noted above, this standard has 
become obsolete with the migration of all symbols to the Nasdaq INET 
system and the corresponding adoption of the systems-based mechanism 
for enforcing that requirement, which was previously approved by the 
Commission.\9\
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
    \9\ See supra note 5.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition not

[[Page 50198]]

necessary or appropriate in furtherance of the purposes of the Act, as 
the rule text to be removed has become obsolete with the migration of 
all symbols to the Nasdaq INET system and the corresponding adoption of 
the systems-based mechanism for enforcing the price improvement 
requirement where the Agency Order is for less than 50 option 
contracts, and if the differences between the NBBO is $0.01.

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 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) of the Act \10\ and Rule 19b-4(f)(6) thereunder.\11\
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    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written 
notice of its intent to file the proposed rule change, along with a 
brief description and the 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.
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    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the 
Act \12\ normally does not become operative for 30 days after the date 
of its filing. However, Rule 19b-4(f)(6)(iii) \13\ permits the 
Commission to designate a shorter time if such action is consistent 
with the protection of investors and the public interest. The Exchange 
has asked the Commission to waive the 30-day operative delay so that 
the proposed rule change may become operative upon filing. The Exchange 
states that waiver of the operative delay will allow the Exchange to 
remove the obsolete rule text immediately, minimizing potential 
investor confusion. The Commission believes the waiver of the operative 
delay is consistent with the protection of investors and the public 
interest. Accordingly, the Commission hereby waives the operative delay 
and designates the proposed rule change operative upon filing.\14\
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    \12\ 17 CFR 240.19b-4(f)(6).
    \13\ 17 CFR 240.19b-4(f)(6)(iii).
    \14\ For purposes only of waiving the 30-day operative delay, 
the Commission has also considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
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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 necessary or 
appropriate in the public interest, for the protection of investors, or 
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-2017-49 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields, 
Secretary, Securities and Exchange Commission, 100 F Street NE., 
Washington, DC 20549-1090.

All submissions should refer to File Number SR-GEMX-2017-49. 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 such filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change. Persons submitting 
comments are cautioned that we do not redact or edit personal 
identifying information from comment submissions. You should submit 
only information that you wish to make available publicly. All 
submissions should refer to File Number SR-GEMX-2017-49, and should be 
submitted on or before November 20, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2017-23484 Filed 10-27-17; 8:45 am]
BILLING CODE 8011-01-P



                                                50196                         Federal Register / Vol. 82, No. 208 / Monday, October 30, 2017 / Notices

                                                believes that providing the exemption                        At any time within 60 days of the                 will be posted without change. Persons
                                                on a permanent basis does not result in                   filing of the proposed rule change, the              submitting comments are cautioned that
                                                any burden on competition since it                        Commission summarily may                             we do not redact or edit personal
                                                treats all similarly-situated members the                 temporarily suspend such rule change if              identifying information from comment
                                                same. Specifically, with regard to                        it appears to the Commission that such               submissions. You should submit only
                                                covered transactions, the proposal                        action is necessary or appropriate in the            information that you wish to make
                                                allows members to avoid trade reporting                   public interest, for the protection of               available publicly. All submissions
                                                to FINRA and the increased costs that                     investors, or otherwise in furtherance of            should refer to File Number SR–FINRA–
                                                may be incurred as a result of such                       the purposes of the Act. If the                      2017–032, and should be submitted on
                                                requirement.                                              Commission takes such action, the                    or before November 20, 2017.
                                                                                                          Commission shall institute proceedings                 For the Commission, by the Division of
                                                C. Self-Regulatory Organization’s
                                                                                                          to determine whether the proposed rule               Trading and Markets, pursuant to delegated
                                                Statement on Comments on the
                                                                                                          should be approved or disapproved.                   authority.12
                                                Proposed Rule Change Received From
                                                Members, Participants, or Others                          IV. Solicitation of Comments                         Eduardo A. Aleman,
                                                                                                                                                               Assistant Secretary.
                                                  Written comments were neither                             Interested persons are invited to
                                                                                                                                                               [FR Doc. 2017–23479 Filed 10–27–17; 8:45 am]
                                                solicited nor received.                                   submit written data, views, and
                                                                                                                                                               BILLING CODE 8011–01–P
                                                                                                          arguments concerning the foregoing,
                                                III. Date of Effectiveness of the                         including whether the proposed rule
                                                Proposed Rule Change and Timing for                       change is consistent with the Act.
                                                Commission Action                                                                                              SECURITIES AND EXCHANGE
                                                                                                          Comments may be submitted by any of                  COMMISSION
                                                   Because the foregoing proposed rule                    the following methods:
                                                                                                                                                               [Release No. 34–81935; File No. SR–GEMX–
                                                change does not: (i) Significantly affect                 Electronic Comments                                  2017–49]
                                                the protection of investors or the public
                                                                                                            • Use the Commission’s Internet
                                                interest; (ii) impose any significant                                                                          Self-Regulatory Organizations; Nasdaq
                                                                                                          comment form (http://www.sec.gov/
                                                burden on competition; and (iii) become                                                                        GEMX, LLC; Notice of Filing and
                                                                                                          rules/sro.shtml); or
                                                operative for 30 days from the date on                      • Send an email to rule-comments@                  Immediate Effectiveness of Proposed
                                                which it was filed, or such shorter time                  sec.gov. Please include File Number SR–              Rule Change To Amend Rule 723 To
                                                as the Commission may designate, it has                   FINRA–2017–032 on the subject line.                  Remove Obsolete Rule Text
                                                become effective pursuant to section
                                                19(b)(3)(A) of the Act 9 and Rule 19b–                    Paper Comments                                       October 24, 2017.
                                                4(f)(6) thereunder.10                                        • Send paper comments in triplicate                  Pursuant to section 19(b)(1) of the
                                                   FINRA has asked the Commission to                      to Brent J. Fields, Secretary, Securities            Securities Exchange Act of 1934 (the
                                                waive the 30-day operative delay so that                  and Exchange Commission, 100 F Street                ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                the proposal may become operative                         NE., Washington, DC 20549–1090.                      notice is hereby given that on October
                                                immediately upon filing. The                                                                                   17, 2017, Nasdaq GEMX, LLC (‘‘GEMX’’
                                                                                                          All submissions should refer to File
                                                Commission believes that waiving the                                                                           or ‘‘Exchange’’) filed with the Securities
                                                                                                          Number SR–FINRA–2017–032. This file
                                                30-day operative delay is consistent                                                                           and Exchange Commission (‘‘SEC’’ or
                                                                                                          number should be included on the
                                                with the protection of investors and the                                                                       ‘‘Commission’’) the proposed rule
                                                                                                          subject line if email is used. To help the
                                                public interest because such action will                                                                       change as described in Items I and II
                                                                                                          Commission process and review your
                                                allow the existing TRACE exemption to                                                                          below, which Items have been prepared
                                                                                                          comments more efficiently, please use
                                                remain available without interruption. If                                                                      by the Exchange. The Commission is
                                                                                                          only one method. The Commission will
                                                the pilot program were to expire on                                                                            publishing this notice to solicit
                                                                                                          post all comments on the Commission’s
                                                October 27, 2017, FINRA members                                                                                comments on the proposed rule change
                                                                                                          Internet Web site (http://www.sec.gov/
                                                would immediately become subject to                                                                            from interested persons.
                                                                                                          rules/sro.shtml). Copies of the
                                                duplicative reporting obligations with                    submission, all subsequent                           I. Self-Regulatory Organization’s
                                                respect to transactions in TRACE-                         amendments, all written statements                   Statement of the Terms of Substance of
                                                eligible debt securities effected on                      with respect to the proposed rule                    the Proposed Rule Change
                                                NYSE. In addition, the Commission                         change that are filed with the                          The Exchange proposes to amend
                                                notes that the pilot has been operating                   Commission, and all written                          Rule 723 (Price Improvement
                                                since 2007 without any issues being                       communications relating to the                       Mechanism for Crossing Transactions)
                                                raised in the various comment periods                     proposed rule change between the                     to remove obsolete rule text.
                                                to extend the pilot. For these reasons,                   Commission and any person, other than                   The text of the proposed rule change
                                                the Commission hereby waives the 30-                      those that may be withheld from the                  is available on the Exchange’s Web site
                                                day operative delay requirement and                       public in accordance with the                        at www.ise.com, at the principal office
                                                designates the proposed rule change as                    provisions of 5 U.S.C. 552, will be                  of the Exchange, and at the
                                                operative upon filing.11                                  available for Web site viewing and                   Commission’s Public Reference Room.
                                                                                                          printing in the Commission’s Public
                                                  9 15  U.S.C. 78s(b)(3)(A).                              Reference Room, 100 F Street NE.,                    II. Self-Regulatory Organization’s
                                                  10 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                                                                                          Washington, DC 20549 on official                     Statement of the Purpose of, and
                                                4(f)(6)(iii) requires a self-regulatory organization to                                                        Statutory Basis for, the Proposed Rule
sradovich on DSK3GMQ082PROD with NOTICES




                                                give the Commission written notice of its intent to       business days between the hours of
                                                file the proposed rule change, along with a brief         10:00 a.m. and 3:00 p.m. Copies of such              Change
                                                description and text of the proposed rule change,         filing also will be available for                       In its filing with the Commission, the
                                                at least five business days prior to the date of filing
                                                of the proposed rule change, or such shorter time
                                                                                                          inspection and copying at the principal              Exchange included statements
                                                as designated by the Commission. FINRA has                office of FINRA. All comments received
                                                                                                                                                                 12 17 CFR 200.30–3(a)(12).
                                                satisfied this requirement.
                                                   11 For purposes only of waiving the 30-day                                                                    1 15 U.S.C. 78s(b)(1).
                                                                                                          proposed rule’s impact on efficiency, competition,
                                                operative delay, the Commission has considered the        and capital formation. See 15 U.S.C. 78c(f).           2 17 CFR 240.19b–4.




                                           VerDate Sep<11>2014    17:59 Oct 27, 2017   Jkt 244001   PO 00000   Frm 00081   Fmt 4703   Sfmt 4703   E:\FR\FM\30OCN1.SGM    30OCN1


                                                                             Federal Register / Vol. 82, No. 208 / Monday, October 30, 2017 / Notices                                             50197

                                                concerning the purpose of and basis for                 require Electronic Access Members to                       In adopting the price improvement
                                                the proposed rule change and discussed                  provide at least $0.01 price                            requirement for Agency Orders of less
                                                any comments it received on the                         improvement for an Agency Order if                      than 50 contracts, the Exchange also
                                                proposed rule change. The text of these                 that order is for less than 50 contracts                proposed to amend Rule 723(b) to adopt
                                                statements may be examined at the                       and if the difference between the NBBO                  a systems-based mechanism to
                                                places specified in Item IV below. The                  is $0.01.                                               implement this requirement, which
                                                Exchange has prepared summaries, set                       The Exchange adopted a member                        shall be effective following the
                                                forth in sections A, B, and C below, of                 conduct standard to implement this                      migration of a symbol to the Nasdaq
                                                the most significant aspects of such                    requirement during the time pursuant to                 INET platform. Under this provision, if
                                                statements.                                             which ISE Gemini symbols were                           the Agency Order is for less than 50
                                                                                                        migrating from the ISE Gemini platform                  option contracts, and if the difference
                                                A. Self-Regulatory Organization’s
                                                                                                        to the Nasdaq INET platform. At the                     between the NBBO is $0.01, the
                                                Statement of the Purpose of, and
                                                                                                        time it proposed the member conduct                     Crossing Transaction must be entered at
                                                Statutory Basis for, the Proposed Rule
                                                                                                        standard, the Exchange anticipated that                 one minimum price improvement
                                                Change
                                                                                                        the migration to the Nasdaq platform                    increment better than the NBBO on the
                                                1. Purpose                                              would be complete on or before April                    opposite side of the market from the
                                                   The Exchange proposes to amend                       15, 2017. Accordingly, Rule 723(b)                      Agency Order and better than the limit
                                                Rule 723 (Price Improvement                             stated that, for the period beginning                   order or quote on the Nasdaq GEMX
                                                Mechanism for Crossing Transactions)                    January 19, 2017 until a date specified                 order book on the same side of the
                                                to remove obsolete rule text.                           by the Exchange in a Regulatory                         Agency Order.
                                                   Rule 723 sets forth the requirements                 Information Circular, which date shall                     By April 15, 2017, the Exchange had
                                                for the PIM, which was adopted as part                  be no later than April 15, 2017, if the                 completed the migration of symbols to
                                                of its application to be registered as a                Agency Order is for less than 50 option                 the Nasdaq INET platform, and adopted
                                                national securities exchange under its                  contracts, and if the difference between                the corresponding systems-based
                                                previous name of Topaz Exchange, LLC                    the NBBO is $0.01, an Electronic Access                 mechanism for enforcing the price
                                                (‘‘Topaz’’).3 Certain aspects of PIM were               Member shall not enter a Crossing                       improvement requirement where the
                                                adopted on a pilot basis (‘‘Pilot’’);                   Transaction unless such Crossing                        Agency Order is for less than 50 option
                                                specifically, the termination of the                    Transaction is entered at one minimum                   contracts, and if the difference between
                                                exposure period by unrelated orders,                    price improvement increment better                      the NBBO is $0.01. Accordingly, the
                                                and no minimum size requirement of                      than the NBBO on the opposite side of                   Exchange is now proposing to delete the
                                                orders eligible for PIM. The Pilot                      the market from the Agency Order, and                   rule text in Rule 723 that implements
                                                expired on January 18, 2017.                            better than the limit order or quote on                 the member conduct standard.
                                                   On December 12, 2016, the Exchange                   the Nasdaq GEMX order book on the
                                                                                                                                                                2. Statutory Basis
                                                filed with the Commission a proposed                    same side of the Agency Order. This
                                                rule change to make the Pilot                           requirement applied regardless of                          The Exchange believes that its
                                                permanent, and also to change the                       whether the Agency Order is for the                     proposal is consistent with section 6(b)
                                                requirements for providing price                        account of a public customer, or where                  of the Act,7 in general, and furthers the
                                                improvement for Agency Orders of less                   the Agency Order is for the account of                  objectives of section 6(b)(5) of the Act,8
                                                than 50 option contracts (other than                    a broker dealer or any other person or                  in particular, in that it is designed to
                                                auctions involving Complex Orders)                      entity that is not a Public Customer.6                  promote just and equitable principles of
                                                where the National Best Bid and Offer                                                                           trade, to remove impediments to and
                                                (‘‘NBBO’’) is only $0.01 wide.4 The                       6 Nasdaq ISE, LLC (‘‘ISE’’) filed a proposed rule     perfect the mechanism of a free and
                                                Commission approved this proposal on                    change at the same time as the Exchange to adopt        open market and a national market
                                                                                                        the same price improvement requirement. To              system, and, in general to protect
                                                January 18, 2017.5                                      enforce this requirement, ISE also amended its Rule
                                                   In modifying the requirements for                    1614 (Imposition of Fines for Minor Rule                investors and the public interest. The
                                                price improvement for Agency Orders of                  Violations). Specifically, ISE added Rule 1614(d)(4),   Exchange believes this proposal is
                                                less than 50 contracts, the Exchange                    which provides that any Member who enters an            consistent with the Act because it
                                                proposed to amend Rule 723(b) to                        order into PIM for less than 50 contracts, while the    removes language that implements the
                                                                                                        National Best Bid or Offer spread is $0.01, must
                                                                                                        provide price improvement of at least one               member conduct standard where the
                                                   3 See Securities Exchange Act Release No. 70050
                                                                                                        minimum price improvement increment better than         Agency Order is for less than 50 option
                                                (July 26, 2013), 78 FR 46622 (August 1, 2013) (File     the NBBO on the opposite side of the market from        contracts, and if the difference between
                                                No. 10–209) (‘‘Exchange Approval Order’’). The          the Agency Order, which increment may not be
                                                Exchange subsequently changed its name to ISE                                                                   the NBBO is $0.01. As noted above, this
                                                                                                        smaller than $0.01. Failure to provide such price
                                                Gemini. See Securities Exchange Act Release No.         improvement will result in members being subject        standard has become obsolete with the
                                                71586 (February 20, 2014), 79 FR 10861 (February        to the following fines: $500 for the second offense,    migration of all symbols to the Nasdaq
                                                26, 2014) (SR–Topaz–2014–06).                           $1,000 for the third offense, and $2,500 for the        INET system and the corresponding
                                                   4 See Securities Exchange Act Release No. 79541
                                                                                                        fourth offense. Subsequent offenses will subject the    adoption of the systems-based
                                                (December 13, 2016), 81 FR 91974 (December 19,          member to formal disciplinary action. The
                                                2017) (SR–ISEGemini–2016–23). The Exchange              Exchange will review violations on a monthly cycle      mechanism for enforcing that
                                                notes that, on April 3, 2017, ISE Gemini, LLC was       to assess these violations. This provision was to be    requirement, which was previously
                                                renamed Nasdaq GEMX, LLC to reflect its new             in effect for the period beginning January 19, 2017     approved by the Commission.9
                                                placement within the Nasdaq, Inc. corporate             until a date specified by the Exchange in a
                                                structure in connection with the March 9, 2016          Regulatory Information Circular, which date shall       B. Self-Regulatory Organization’s
                                                acquisition by Nasdaq of the capital stock of U.S.      be no later than until September 15, 2017. The          Statement on Burden on Competition
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                                                Exchange Holdings, and the indirect acquisition all     Exchange incorporated this provision by reference.
                                                of the interests of the International Securities        See GEMX Chapter 16 (Discipline).                         The Exchange does not believe that
                                                Exchange, LLC, ISE Gemini, LLC and ISE Mercury,         Contemporaneous with this proposal, ISE is now          the proposed rule change will impose
                                                LLC. See Securities Exchange Act Release No.            submitting a filing to remove the member conduct
                                                80248 (March 15, 2017), 82 FR 14547 (March 21,
                                                                                                                                                                any burden on competition not
                                                                                                        standard for its price improvement rule and the
                                                2017) (SR–ISEGemini–2017–13).                           corresponding provision in Rule 1614 for violations
                                                   5 See Securities Exchange Act Release No. 79840                                                               7 15 U.S.C. 78f(b).
                                                                                                        of that standard. As such, GEMX will no longer
                                                                                                                                                                 8 15 U.S.C. 78f(b)(5).
                                                (January 18, 2017), 82 FR 8474 (January 25, 2017)       incorporate this provision of Rule 1614 by
                                                (SR–ISEGemini–2016–23).                                 reference.                                               9 See supra note 5.




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                                                50198                        Federal Register / Vol. 82, No. 208 / Monday, October 30, 2017 / Notices

                                                necessary or appropriate in furtherance                    At any time within 60 days of the                  office of the Exchange. All comments
                                                of the purposes of the Act, as the rule                 filing of the proposed rule change, the               received will be posted without change.
                                                text to be removed has become obsolete                  Commission summarily may                              Persons submitting comments are
                                                with the migration of all symbols to the                temporarily suspend such rule change if               cautioned that we do not redact or edit
                                                Nasdaq INET system and the                              it appears to the Commission that such                personal identifying information from
                                                corresponding adoption of the systems-                  action is necessary or appropriate in the             comment submissions. You should
                                                based mechanism for enforcing the price                 public interest, for the protection of                submit only information that you wish
                                                improvement requirement where the                       investors, or otherwise in furtherance of             to make available publicly. All
                                                Agency Order is for less than 50 option                 the purposes of the Act. If the                       submissions should refer to File
                                                contracts, and if the differences between               Commission takes such action, the                     Number SR–GEMX–2017–49, and
                                                the NBBO is $0.01.                                      Commission shall institute proceedings                should be submitted on or before
                                                C. Self-Regulatory Organization’s                       to determine whether the proposed rule                November 20, 2017.
                                                Statement on Comments on the                            should be approved or disapproved.                      For the Commission, by the Division of
                                                Proposed Rule Change Received From                      IV. Solicitation of Comments                          Trading and Markets, pursuant to delegated
                                                Members, Participants, or Others                                                                              authority.15
                                                                                                          Interested persons are invited to                   Robert W. Errett,
                                                  No written comments were either                       submit written data, views, and
                                                solicited or received.                                                                                        Deputy Secretary.
                                                                                                        arguments concerning the foregoing,
                                                                                                                                                              [FR Doc. 2017–23484 Filed 10–27–17; 8:45 am]
                                                III. Date of Effectiveness of the                       including whether the proposed rule
                                                                                                                                                              BILLING CODE 8011–01–P
                                                Proposed Rule Change and Timing for                     change is consistent with the Act.
                                                Commission Action                                       Comments may be submitted by any of
                                                                                                        the following methods:
                                                   Because the proposed rule change                                                                           SECURITIES AND EXCHANGE
                                                does not (i) significantly affect the                   Electronic Comments                                   COMMISSION
                                                protection of investors or the public                     • Use the Commission’s Internet                     [Release No. 34–81930; File No. SR–
                                                interest; (ii) impose any significant                   comment form (http://www.sec.gov/                     NASDAQ–2017–107]
                                                burden on competition; and (iii) become                 rules/sro.shtml); or
                                                operative for 30 days from the date on                    • Send an email to rule-comments@                   Self-Regulatory Organizations; The
                                                which it was filed, or such shorter time                sec.gov. Please include File Number SR–               NASDAQ Stock Market LLC; Notice of
                                                as the Commission may designate, it has                 GEMX–2017–49 on the subject line.                     Filing and Immediate Effectiveness of
                                                become effective pursuant to section                                                                          Proposed Rule Change To Amend
                                                19(b)(3)(A) of the Act 10 and Rule 19b–                 Paper Comments
                                                                                                                                                              Nasdaq Closing Cross Rules
                                                4(f)(6) thereunder.11                                      • Send paper comments in triplicate
                                                   A proposed rule change filed                         to Brent J. Fields, Secretary, Securities             October 24, 2017.
                                                pursuant to Rule 19b–4(f)(6) under the                  and Exchange Commission, 100 F Street                    Pursuant to Section 19(b)(1) of the
                                                Act 12 normally does not become                         NE., Washington, DC 20549–1090.                       Securities Exchange Act of 1934
                                                operative for 30 days after the date of its             All submissions should refer to File                  (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                filing. However, Rule 19b–4(f)(6)(iii) 13               Number SR–GEMX–2017–49. This file                     notice is hereby given that on October
                                                permits the Commission to designate a                   number should be included on the                      10, 2017, The NASDAQ Stock Market
                                                shorter time if such action is consistent               subject line if email is used. To help the            LLC (‘‘Nasdaq’’ or ‘‘Exchange’’) filed
                                                with the protection of investors and the                Commission process and review your                    with the Securities and Exchange
                                                public interest. The Exchange has asked                 comments more efficiently, please use                 Commission (‘‘Commission’’) the
                                                the Commission to waive the 30-day                      only one method. The Commission will                  proposed rule change as described in
                                                operative delay so that the proposed                    post all comments on the Commission’s                 Items I and II below, which Items have
                                                rule change may become operative upon                   Internet Web site (http://www.sec.gov/                been prepared by the Exchange. The
                                                filing. The Exchange states that waiver                 rules/sro.shtml). Copies of the                       Commission is publishing this notice to
                                                of the operative delay will allow the                   submission, all subsequent                            solicit comments on the proposed rule
                                                Exchange to remove the obsolete rule                    amendments, all written statements                    change from interested persons.
                                                text immediately, minimizing potential                  with respect to the proposed rule
                                                investor confusion. The Commission                                                                            I. Self-Regulatory Organization’s
                                                                                                        change that are filed with the                        Statement of the Terms of Substance of
                                                believes the waiver of the operative                    Commission, and all written
                                                delay is consistent with the protection                                                                       the Proposed Rule Change
                                                                                                        communications relating to the
                                                of investors and the public interest.                   proposed rule change between the                         The Exchange proposes to amend
                                                Accordingly, the Commission hereby                      Commission and any person, other than                 Rule 4702 (Order Types) and Rule 4754
                                                waives the operative delay and                          those that may be withheld from the                   [sic] (Nasdaq Closing Cross) to enhance
                                                designates the proposed rule change                     public in accordance with the                         the Nasdaq Closing Cross by permitting
                                                operative upon filing.14                                provisions of 5 U.S.C. 552, will be                   members to submit LOC Orders until
                                                                                                        available for Web site viewing and                    immediately prior to 3:55 p.m. ET
                                                  10 15  U.S.C. 78s(b)(3)(A).
                                                                                                        printing in the Commission’s Public                   subject to certain conditions, and to
                                                  11 17  CFR 240.19b–4(f)(6). As required under Rule
                                                                                                        Reference Room, 100 F Street NE.,                     make other changes related to Closing
                                                19b–4(f)(6)(iii), the Exchange provided the
                                                Commission with written notice of its intent to file    Washington, DC 20549 on official                      Cross/Extended Hours Orders [sic].
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                                                the proposed rule change, along with a brief            business days between the hours of                       The text of the proposed rule change
                                                description and the text of the proposed rule
                                                                                                        10:00 a.m. and 3:00 p.m. Copies of such               is available on the Exchange’s Web site
                                                change, at least five business days prior to the date                                                         at http://nasdaq.cchwallstreet.com, at
                                                of filing of the proposed rule change, or such          filing also will be available for
                                                shorter time as designated by the Commission.           inspection and copying at the principal               the principal office of the Exchange, and
                                                  12 17 CFR 240.19b–4(f)(6).
                                                  13 17 CFR 240.19b–4(f)(6)(iii).                                                                               15 17 CFR 200.30–3(a)(12).
                                                                                                        considered the proposed rule’s impact on
                                                  14 For purposes only of waiving the 30-day                                                                    1 15 U.S.C. 78s(b)(1).
                                                                                                        efficiency, competition, and capital formation. See
                                                operative delay, the Commission has also                15 U.S.C. 78c(f).                                       2 17 CFR 240.19b–4.




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Document Created: 2017-10-28 00:28:25
Document Modified: 2017-10-28 00:28:25
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 50196 

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