82_FR_60703 82 FR 60460 - Self-Regulatory Organizations; Nasdaq MRX, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to Primary Market Maker Obligations

82 FR 60460 - Self-Regulatory Organizations; Nasdaq MRX, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to Primary Market Maker Obligations

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 243 (December 20, 2017)

Page Range60460-60462
FR Document2017-27345

Federal Register, Volume 82 Issue 243 (Wednesday, December 20, 2017)
[Federal Register Volume 82, Number 243 (Wednesday, December 20, 2017)]
[Notices]
[Pages 60460-60462]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-27345]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82324; File No. SR-MRX-2017-27]


Self-Regulatory Organizations; Nasdaq MRX, LLC; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change Relating to Primary 
Market Maker Obligations

December 14, 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 November 29, 2017, Nasdaq MRX, LLC (``MRX'' 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.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend Rule 701, entitled ``Openings,'' to 
specify the obligations of a Primary Market Maker (``PMM'') when 
entering Valid Width Quotes \3\ during the Opening Process.
---------------------------------------------------------------------------

    \3\ A ``Valid Width Quote'' is a two-sided electronic quotation 
submitted by a Market Maker that consists of a bid/ask differential 
that is compliant with Rule 803(b)(4). See Rule 701(a)(8).
---------------------------------------------------------------------------

    The text of the proposed rule change is available on the Exchange's 
website at http://nasdaqmrx.cchwallstreet.com/, at the principal office 
of the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange is proposing to amend Rule 701, Openings, to amend the 
obligations of a PMM when entering Valid Width Quotes during the 
Opening Process. In addition, the Exchange proposes to make clear the 
obligations of a PMM and a Competitive Market Maker (``CMM'') once an 
options series has opened.
    Currently, Rule 701(c)(1) provides, the Opening Process for an 
option series will be conducted pursuant to paragraphs (f)-(j) of MRX 
Rule 701 on or after 9:30 a.m. Eastern Time if: the ABBO, if any, is 
not crossed; and the system has received, within two minutes (or such 
shorter time as determined by the Exchange and disseminated to 
membership on the Exchange's website) 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,

[[Page 60461]]

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 website), or within 
two minutes of market opening for the underlying security in the case 
of U.S. dollar-settled foreign currency options (or such shorter time 
as determined by the Exchange and disseminated to membership on the 
Exchange's website) any of the following: (i) The PMM's Valid Width 
Quote; (ii) the Valid Width Quotes of at least two CMM or (iii) if 
neither the PMM's Valid Width Quote nor the Valid Width Quotes of two 
CMMs have been submitted within such timeframe, one CMM has submitted a 
Valid Width Quote.
    Thereafter, Rule 701(c)(3) specifies that the PMM assigned in a 
particular equity or index option must enter 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. The PMM assigned in a particular 
U.S. dollar-settled foreign currency option must enter a Valid Width 
Quote, in 90% of their assigned series, not later than one minute after 
the announced market opening. PMMs must 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 U.S. dollar-settled foreign currency options, 
following the announced market opening.
    The Exchange proposes to make clear that a PMM has the obligations 
specified in MRX Rule 701(c)(3) to promptly enter a Valid Width Quote 
in the remainder of their assigned series in cases where the PMM's 
assigned series was not already opened by a CMM as permitted by Rule 
701(c)(1)(ii) and (iii) as noted herein. The PMM would continue to have 
the ultimate obligation to open each assigned series, however this rule 
change would not require the PMM to enter a Valid Width Quote for the 
10% 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 during the Opening Process if an 
options series has opened pursuant to Rule 701(c)(1)(ii) and (iii) 
within the timeframe specified for the PMM to enter a Valid Width Quote 
as noted in Rule 701(c)(3). Also, the PMM assigned in a particular U.S. 
dollar-settled foreign currency option would not be required to enter a 
Valid Width Quote for 10% of their assigned series, not later than one 
minute after the announced market opening during the Opening Process if 
an options series opened pursuant to Rule 701(c)(1)(ii) and (iii) 
within the timeframe specified for the PMM to enter a Valid Width Quote 
as noted in Rule 701(c)(3).
    Today MRX Rule 701 requires a PMM to open the market and provides 
an alternative mechanism to permit an alternative opening by a CMM.\4\ 
The proposal seeks to make clear the obligations of the PMM with 
respect to options series that were open by a CMM as well as the 
quoting obligations of a CMM that opened the options series. The 
Exchange proposes to amend MRX Rule 701(c)(3) to state that once an 
option series has opened pursuant to Rule 701(c)(1)(i)-(iii), a PMM 
must submit continuous, two-sided quotes in such option series pursuant 
to Supplementary .01 to MRX Rule 804. The Exchange also proposes to 
amend Rule 701(c)(4) to state that a CMM that submits a quote during 
the opening in any option series pursuant to Rule 701(c)(1)(ii) or 
(iii) must submit continuous, two-sided quotes in such options series 
pursuant to MRX Rule 804(e)(2)(iii) once an option series has opened. 
Specifically, the Exchange proposes to add rule text to Rule 701(c)(3) 
to provide that ``once an options series has opened f pursuant to Rule 
701(c)(1)(i)-(iii), a PMM must submit continuous, two-sided quotes in 
such options series pursuant to Supplementary Material .01 to Rule 
804.'' Further, the Exchange proposes to add rule text to Rule 
701(c)(4) to states that ``A CMM that submits a quote pursuant to Rule 
701 in any option series when the PMM's quote has not been submitted 
shall be required, once an options series has opened, to submit 
continuous, two-sided quotes in such option series pursuant to Rule 
804(e)(2)(iii).''
---------------------------------------------------------------------------

    \4\ See MRX Rule 701(c)(1)(i)-(iii).
---------------------------------------------------------------------------

    The Exchange proposes to make clear that a PMM has an obligation to 
enter Valid Width Quotes during the Opening Process within the 
timeframes specified in Rule 701(c)(3). In the event that an options 
series opened pursuant to Rule 701(c)(1)(ii) and (iii), a PMM would be 
required to submit continuous, two-sided quotes in such options series 
pursuant to Supplementary Material .01 to Rule 804. Also, in this 
instance, a CMM would be required to submit continuous, two-sided 
quotes in such option series pursuant to Rule 804(e)(2)(iii). The 
Exchange notes that a CMM would not have an obligation to quote in such 
option series pursuant to Rule 804(e)(2)(iii), unless the CMM submitted 
a quote pursuant to Rule 701 or otherwise submitted a quote intra-
day.\5\ The purpose of this new rule text is to make clear the quoting 
obligations for both PMMs and CMMs during the opening and the manner in 
which Rule 701, relating to the Opening Process, and Rule 804, relating 
to Market Maker quoting obligations, interact with each other.
---------------------------------------------------------------------------

    \5\ See MRX Rule 804(e)(2)(i) which states, ``On any given day, 
a Competitive Market Maker is not required to enter quotations in 
the options classes to which it is appointed.''
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act,\6\ in general, and furthers the objectives of Section 
6(b)(5) of the Act,\7\ in particular, in that it is designed to promote 
just and equitable principles of trade, to remove impediments to and 
perfect the mechanism of a free and open market and a national market 
system, and, in general to protect investors and the public interest by 
amending MRX Rule 701(c)(3) to further specify a PMM's obligations 
during the Opening Process and once an options series as opened as well 
as the obligations of a CMM to the extent that an options series opened 
pursuant to Rule 701(c)(1)(ii) and (iii). The Exchange believes that 
this proposal is consistent with the Act because a PMM continues to be 
responsible to enter Valid Width Quotes during the Opening Process and 
thereafter submit continuous, two-sided quotes in such options series 
pursuant to Supplementary Material .01 to Rule 804. In the event that 
an options series opened pursuant to Rule 701(c)(1)(ii) and (iii), the 
CMM must submit continuous, two-sided quotes in such option series, 
once the options series has opened, pursuant to Rule 804(e)(2)(iii). 
The Exchange believes that this proposed rule change will make clear 
the obligations of the PMM with respect to submitting Valid Width 
Quotes and thereafter, once an options series has opened, submitting 
continuous two-sided quotes, when a CMM may have already entered a 
quote to open an options series. The Exchange's proposal to add rule 
text to clearly specify the quoting obligations of

[[Page 60462]]

a PMM and CMM during the Opening Process and once an option series has 
opened will provide greater clarity to the Opening Process and also to 
the interplay between quoting obligations during the Opening Process 
and intra-day quoting obligations noted within Rule 804.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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. Once an options series has 
opened, [sic] a PMM continues to be responsible to enter Valid Width 
Quotes during the Opening Process and thereafter submit continuous, 
two-sided quotes in such options series pursuant to Supplementary 
Material .01 to Rule 804. Also, if an options series opened pursuant to 
MRX Rule 701(c)(1)(ii) or (iii), a CMM shall be required to submit 
continuous, two-sided quotes in such option series, once an option 
series has opened pursuant to Rule 804(e)(2)(iii). This proposed rule 
text makes clear that CMMs are required to submit continuous, two-sided 
quotes in such option series pursuant to Rule 804(e)(2)(iii), in the 
event an options series opened pursuant to Rule 701(c)(1)(ii) and 
(iii). The proposal provides greater clarity to the Opening Process and 
also to the interplay between quoting obligations during the Opening 
Process and intra-day quoting obligations noted within Rule 804.

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 \8\ and 
subparagraph (f)(6) of Rule 19b-4 thereunder.\9\
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \9\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6) 
requires a self-regulatory organization to give the Commission 
written notice of its intent to file the proposed rule change at 
least five business days prior to the date of filing of the proposed 
rule change, or such shorter time as designated by the Commission. 
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) normally does 
not become operative prior to 30 days after the date of filing. 
However, Rule 19b-4(f)(6)(iii)\10\ permits the Commission to designate 
a shorter time if such action is consistent with the protection of 
investors and the public interest. In its filing with the Commission, 
the Exchange requests that the Commission waive the 30-day operative 
delay. The Exchange represents that the proposed rule change would 
clarify the quoting obligations for both PMMs and CMMs during the 
Opening Process and the manner in which Rule 701, relating to the 
Opening Process, and Rule 804, relating to Market Maker quoting 
obligations, interact with each other. According to the Exchange, these 
obligations should be immediately clarified to prevent confusion and 
uncertainty for Market Makers quoting on the Exchange. For the reasons 
articulated by the Exchange, the Commission believes that waiver of the 
30-day operative delay is consistent with the protection of investors 
and the public interest. Therefore, the Commission designates the 
proposed rule change to be operative upon filing.\11\
---------------------------------------------------------------------------

    \10\ 17 CFR 240.19b-4(f)(6)(iii).
    \11\ For purposes only of waiving the 30-day operative delay, 
the Commission also has considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. 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-MRX-2017-27 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-MRX-2017-27. 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 website (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 website 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. 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-MRX-2017-27 and should be submitted on 
or before January 10, 2018.

For the Commission, by the Division of Trading and Markets, pursuant 
to delegated authority.\12\
---------------------------------------------------------------------------

    \12\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-27345 Filed 12-19-17; 8:45 am]
 BILLING CODE 8011-01-P



                                                60460                    Federal Register / Vol. 82, No. 243 / Wednesday, December 20, 2017 / Notices

                                                Electronic Market Makers during the                     rules/sro.shtml). Copies of the                       comments on the proposed rule change
                                                Opening Process and the manner in                       submission, all subsequent                            from interested persons.
                                                which Rule 1701, relating to the                        amendments, all written statements
                                                                                                                                                              I. Self-Regulatory Organization’s
                                                Opening Process, and Rule 1014,                         with respect to the proposed rule
                                                                                                                                                              Statement of the Terms of Substance of
                                                relating to market maker quoting                        change that are filed with the
                                                                                                        Commission, and all written                           the Proposed Rule Change
                                                obligations, interact with each other.
                                                According to the Exchange, these                        communications relating to the                           The Exchange proposes to amend
                                                obligations should be immediately                       proposed rule change between the                      Rule 701, entitled ‘‘Openings,’’ to
                                                clarified to prevent confusion and                      Commission and any person, other than                 specify the obligations of a Primary
                                                uncertainty for market makers quoting                   those that may be withheld from the                   Market Maker (‘‘PMM’’) when entering
                                                on the Exchange. For the reasons                        public in accordance with the                         Valid Width Quotes 3 during the
                                                articulated by the Exchange, the                        provisions of 5 U.S.C. 552, will be                   Opening Process.
                                                Commission believes that waiver of the                  available for website viewing and                        The text of the proposed rule change
                                                30-day operative delay is consistent                    printing in the Commission’s Public                   is available on the Exchange’s website at
                                                with the protection of investors and the                Reference Room, 100 F Street NE,                      http://nasdaqmrx.cchwallstreet.com/, at
                                                public interest. Therefore, the                         Washington, DC 20549, on official                     the principal office of the Exchange, and
                                                Commission designates the proposed                      business days between the hours of                    at the Commission’s Public Reference
                                                rule change to be operative upon                        10:00 a.m. and 3:00 p.m. Copies of the                Room.
                                                filing.10                                               filing also will be available for                     II. Self-Regulatory Organization’s
                                                   At any time within 60 days of the                    inspection and copying at the principal
                                                                                                                                                              Statement of the Purpose of, and
                                                filing of the proposed rule change, the                 office of the Exchange. All comments
                                                                                                                                                              Statutory Basis for, the Proposed Rule
                                                Commission summarily may                                received will be posted without change.
                                                                                                                                                              Change
                                                temporarily suspend such rule change if                 Persons submitting comments are
                                                it appears to the Commission that such                  cautioned that we do not redact or edit                  In its filing with the Commission, the
                                                action is necessary or appropriate in the               personal identifying information from                 Exchange included statements
                                                public interest, for the protection of                  comment submissions. You should                       concerning the purpose of and basis for
                                                investors, or otherwise in furtherance of               submit only information that you wish                 the proposed rule change and discussed
                                                the purposes of the Act. If the                         to make available publicly. All                       any comments it received on the
                                                Commission takes such action, the                       submissions should refer to File                      proposed rule change. The text of these
                                                Commission shall institute proceedings                  Number SR–Phlx–2017–101 and should                    statements may be examined at the
                                                to determine whether the proposed rule                  be submitted on or before January 10,                 places specified in Item IV below. The
                                                should be approved or disapproved.                      2018.                                                 Exchange has prepared summaries, set
                                                                                                          For the Commission, by the Division of              forth in sections A, B, and C below, of
                                                IV. Solicitation of Comments
                                                                                                        Trading and Markets, pursuant to delegated            the most significant aspects of such
                                                  Interested persons are invited to                     authority.11                                          statements.
                                                submit written data, views, and                         Eduardo A. Aleman,
                                                arguments concerning the foregoing,                                                                           A. Self-Regulatory Organization’s
                                                                                                        Assistant Secretary.                                  Statement of the Purpose of, and
                                                including whether the proposed rule
                                                change is consistent with the Act.                      [FR Doc. 2017–27343 Filed 12–19–17; 8:45 am]          Statutory Basis for, the Proposed Rule
                                                Comments may be submitted by any of                     BILLING CODE 8011–01–P                                Change
                                                the following methods:                                                                                        1. Purpose
                                                Electronic Comments                                     SECURITIES AND EXCHANGE                                  The Exchange is proposing to amend
                                                  • Use the Commission’s internet                       COMMISSION                                            Rule 701, Openings, to amend the
                                                comment form (http://www.sec.gov/                       [Release No. 34–82324; File No. SR–MRX–               obligations of a PMM when entering
                                                rules/sro.shtml); or                                    2017–27]                                              Valid Width Quotes during the Opening
                                                  • Send an email to rule-comments@                                                                           Process. In addition, the Exchange
                                                sec.gov. Please include File Number SR–                 Self-Regulatory Organizations; Nasdaq                 proposes to make clear the obligations
                                                Phlx–2017–101 on the subject line.                      MRX, LLC; Notice of Filing and                        of a PMM and a Competitive Market
                                                                                                        Immediate Effectiveness of Proposed                   Maker (‘‘CMM’’) once an options series
                                                Paper Comments                                          Rule Change Relating to Primary                       has opened.
                                                  • Send paper comments in triplicate                   Market Maker Obligations                                 Currently, Rule 701(c)(1) provides, the
                                                to Secretary, Securities and Exchange                                                                         Opening Process for an option series
                                                                                                        December 14, 2017.                                    will be conducted pursuant to
                                                Commission, 100 F Street NE,
                                                Washington, DC 20549–1090.                                 Pursuant to Section 19(b)(1) of the                paragraphs (f)–(j) of MRX Rule 701 on
                                                                                                        Securities Exchange Act of 1934                       or after 9:30 a.m. Eastern Time if: the
                                                All submissions should refer to File
                                                                                                        (‘‘Act’’),1 and Rule 19b–4 thereunder,2               ABBO, if any, is not crossed; and the
                                                Number SR–Phlx–2017–101. This file
                                                                                                        notice is hereby given that on November               system has received, within two
                                                number should be included on the                        29, 2017, Nasdaq MRX, LLC (‘‘MRX’’ or
                                                subject line if email is used. To help the                                                                    minutes (or such shorter time as
                                                                                                        ‘‘Exchange’’) filed with the Securities               determined by the Exchange and
                                                Commission process and review your                      and Exchange Commission
                                                comments more efficiently, please use                                                                         disseminated to membership on the
                                                                                                        (‘‘Commission’’) the proposed rule                    Exchange’s website) of the opening
                                                only one method. The Commission will
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                        change as described in Items I and II                 trade or quote on the market for the
                                                post all comments on the Commission’s                   below, which Items have been prepared
                                                internet website (http://www.sec.gov/                                                                         underlying security in the case of equity
                                                                                                        by the Exchange. The Commission is                    options or, in the case of index options,
                                                   10 For purposes only of waiving the 30-day
                                                                                                        publishing this notice to solicit
                                                operative delay, the Commission also has                                                                        3 A ‘‘Valid Width Quote’’ is a two-sided electronic
                                                                                                          11 17 CFR 200.30–3(a)(12).
                                                considered the proposed rule’s impact on                                                                      quotation submitted by a Market Maker that
                                                                                                          1 15 U.S.C. 78s(b)(1).
                                                efficiency, competition, and capital formation. See                                                           consists of a bid/ask differential that is compliant
                                                15 U.S.C. 78c(f).                                         2 17 CFR 240.19b–4.                                 with Rule 803(b)(4). See Rule 701(a)(8).



                                           VerDate Sep<11>2014   21:36 Dec 19, 2017   Jkt 244001   PO 00000   Frm 00092   Fmt 4703   Sfmt 4703   E:\FR\FM\20DEN1.SGM   20DEN1


                                                                         Federal Register / Vol. 82, No. 243 / Wednesday, December 20, 2017 / Notices                                                    60461

                                                within two minutes of the receipt of the                Rule 701(c)(1)(ii) and (iii) within the                to Rule 804. Also, in this instance, a
                                                opening price in the underlying index                   timeframe specified for the PMM to                     CMM would be required to submit
                                                (or such shorter time as determined by                  enter a Valid Width Quote as noted in                  continuous, two-sided quotes in such
                                                the Exchange and disseminated to                        Rule 701(c)(3). Also, the PMM assigned                 option series pursuant to Rule
                                                membership on the Exchange’s website),                  in a particular U.S. dollar-settled foreign            804(e)(2)(iii). The Exchange notes that a
                                                or within two minutes of market                         currency option would not be required                  CMM would not have an obligation to
                                                opening for the underlying security in                  to enter a Valid Width Quote for 10%                   quote in such option series pursuant to
                                                the case of U.S. dollar-settled foreign                 of their assigned series, not later than               Rule 804(e)(2)(iii), unless the CMM
                                                currency options (or such shorter time                  one minute after the announced market                  submitted a quote pursuant to Rule 701
                                                as determined by the Exchange and                       opening during the Opening Process if                  or otherwise submitted a quote intra-
                                                disseminated to membership on the                       an options series opened pursuant to                   day.5 The purpose of this new rule text
                                                Exchange’s website) any of the                          Rule 701(c)(1)(ii) and (iii) within the                is to make clear the quoting obligations
                                                following: (i) The PMM’s Valid Width                    timeframe specified for the PMM to                     for both PMMs and CMMs during the
                                                Quote; (ii) the Valid Width Quotes of at                enter a Valid Width Quote as noted in                  opening and the manner in which Rule
                                                least two CMM or (iii) if neither the                   Rule 701(c)(3).                                        701, relating to the Opening Process,
                                                PMM’s Valid Width Quote nor the Valid                      Today MRX Rule 701 requires a PMM                   and Rule 804, relating to Market Maker
                                                Width Quotes of two CMMs have been                      to open the market and provides an                     quoting obligations, interact with each
                                                submitted within such timeframe, one                    alternative mechanism to permit an                     other.
                                                CMM has submitted a Valid Width                         alternative opening by a CMM.4 The
                                                                                                        proposal seeks to make clear the                       2. Statutory Basis
                                                Quote.
                                                  Thereafter, Rule 701(c)(3) specifies                  obligations of the PMM with respect to                    The Exchange believes that its
                                                that the PMM assigned in a particular                   options series that were open by a CMM                 proposal is consistent with Section 6(b)
                                                equity or index option must enter a                     as well as the quoting obligations of a                of the Act,6 in general, and furthers the
                                                Valid Width Quote, in 90% of their                      CMM that opened the options series.                    objectives of Section 6(b)(5) of the Act,7
                                                assigned series, not later than one                     The Exchange proposes to amend MRX                     in particular, in that it is designed to
                                                minute following the dissemination of a                 Rule 701(c)(3) to state that once an                   promote just and equitable principles of
                                                quote or trade by the market for the                    option series has opened pursuant to                   trade, to remove impediments to and
                                                underlying security or, in the case of                  Rule 701(c)(1)(i)–(iii), a PMM must                    perfect the mechanism of a free and
                                                index options, following the receipt of                 submit continuous, two-sided quotes in                 open market and a national market
                                                the opening price in the underlying                     such option series pursuant to                         system, and, in general to protect
                                                index. The PMM assigned in a                            Supplementary .01 to MRX Rule 804.                     investors and the public interest by
                                                particular U.S. dollar-settled foreign                  The Exchange also proposes to amend                    amending MRX Rule 701(c)(3) to further
                                                currency option must enter a Valid                      Rule 701(c)(4) to state that a CMM that                specify a PMM’s obligations during the
                                                Width Quote, in 90% of their assigned                   submits a quote during the opening in                  Opening Process and once an options
                                                series, not later than one minute after                 any option series pursuant to Rule                     series as opened as well as the
                                                the announced market opening. PMMs                      701(c)(1)(ii) or (iii) must submit                     obligations of a CMM to the extent that
                                                must promptly enter a Valid Width                       continuous, two-sided quotes in such                   an options series opened pursuant to
                                                Quote in the remainder of their assigned                options series pursuant to MRX Rule                    Rule 701(c)(1)(ii) and (iii). The
                                                series, which did not open within one                   804(e)(2)(iii) once an option series has               Exchange believes that this proposal is
                                                minute following the dissemination of a                 opened. Specifically, the Exchange                     consistent with the Act because a PMM
                                                quote or trade by the market for the                    proposes to add rule text to Rule                      continues to be responsible to enter
                                                underlying security or, in the case of                  701(c)(3) to provide that ‘‘once an                    Valid Width Quotes during the Opening
                                                index options, following the receipt of                 options series has opened f pursuant to                Process and thereafter submit
                                                the opening price in the underlying                     Rule 701(c)(1)(i)–(iii), a PMM must                    continuous, two-sided quotes in such
                                                index or, with respect to U.S. dollar-                  submit continuous, two-sided quotes in                 options series pursuant to
                                                settled foreign currency options,                       such options series pursuant to                        Supplementary Material .01 to Rule 804.
                                                following the announced market                          Supplementary Material .01 to Rule                     In the event that an options series
                                                opening.                                                804.’’ Further, the Exchange proposes to               opened pursuant to Rule 701(c)(1)(ii)
                                                  The Exchange proposes to make clear                   add rule text to Rule 701(c)(4) to states              and (iii), the CMM must submit
                                                that a PMM has the obligations specified                that ‘‘A CMM that submits a quote                      continuous, two-sided quotes in such
                                                in MRX Rule 701(c)(3) to promptly enter                 pursuant to Rule 701 in any option                     option series, once the options series
                                                a Valid Width Quote in the remainder                    series when the PMM’s quote has not                    has opened, pursuant to Rule
                                                of their assigned series in cases where                 been submitted shall be required, once                 804(e)(2)(iii). The Exchange believes
                                                the PMM’s assigned series was not                       an options series has opened, to submit                that this proposed rule change will
                                                already opened by a CMM as permitted                    continuous, two-sided quotes in such                   make clear the obligations of the PMM
                                                by Rule 701(c)(1)(ii) and (iii) as noted                option series pursuant to Rule                         with respect to submitting Valid Width
                                                herein. The PMM would continue to                       804(e)(2)(iii).’’                                      Quotes and thereafter, once an options
                                                have the ultimate obligation to open                       The Exchange proposes to make clear                 series has opened, submitting
                                                each assigned series, however this rule                 that a PMM has an obligation to enter                  continuous two-sided quotes, when a
                                                change would not require the PMM to                     Valid Width Quotes during the Opening                  CMM may have already entered a quote
                                                enter a Valid Width Quote for the 10%                   Process within the timeframes specified                to open an options series. The
                                                                                                                                                               Exchange’s proposal to add rule text to
sradovich on DSK3GMQ082PROD with NOTICES




                                                of their assigned series, not later than                in Rule 701(c)(3). In the event that an
                                                one minute following the dissemination                  options series opened pursuant to Rule                 clearly specify the quoting obligations of
                                                of a quote or trade by the market for the               701(c)(1)(ii) and (iii), a PMM would be
                                                underlying security or, in the case of                  required to submit continuous, two-                      5 See MRX Rule 804(e)(2)(i) which states, ‘‘On any

                                                index options, following the receipt of                                                                        given day, a Competitive Market Maker is not
                                                                                                        sided quotes in such options series                    required to enter quotations in the options classes
                                                the opening price in the underlying                     pursuant to Supplementary Material .01                 to which it is appointed.’’
                                                index during the Opening Process if an                                                                           6 15 U.S.C. 78f(b).

                                                options series has opened pursuant to                     4 See   MRX Rule 701(c)(1)(i)–(iii).                   7 15 U.S.C. 78f(b)(5).




                                           VerDate Sep<11>2014   21:36 Dec 19, 2017   Jkt 244001   PO 00000   Frm 00093    Fmt 4703   Sfmt 4703   E:\FR\FM\20DEN1.SGM   20DEN1


                                                60462                    Federal Register / Vol. 82, No. 243 / Wednesday, December 20, 2017 / Notices

                                                a PMM and CMM during the Opening                        19(b)(3)(A)(iii) of the Act 8 and                         Comments may be submitted by any of
                                                Process and once an option series has                   subparagraph (f)(6) of Rule 19b–4                         the following methods:
                                                opened will provide greater clarity to                  thereunder.9
                                                                                                           A proposed rule change filed under                     Electronic Comments
                                                the Opening Process and also to the
                                                interplay between quoting obligations                   Rule 19b–4(f)(6) normally does not                          • Use the Commission’s internet
                                                during the Opening Process and intra-                   become operative prior to 30 days after                   comment form (http://www.sec.gov/
                                                day quoting obligations noted within                    the date of filing. However, Rule 19b–                    rules/sro.shtml); or
                                                Rule 804.                                               4(f)(6)(iii)10 permits the Commission to
                                                                                                        designate a shorter time if such action                     • Send an email to rule-comments@
                                                B. Self-Regulatory Organization’s                       is consistent with the protection of                      sec.gov. Please include File Number SR–
                                                Statement on Burden on Competition                      investors and the public interest. In its                 MRX–2017–27 on the subject line.
                                                                                                        filing with the Commission, the                           Paper Comments
                                                   The Exchange does not believe that                   Exchange requests that the Commission
                                                the proposed rule change will impose                    waive the 30-day operative delay. The                       • Send paper comments in triplicate
                                                any burden on competition not                           Exchange represents that the proposed                     to Secretary, Securities and Exchange
                                                necessary or appropriate in furtherance                 rule change would clarify the quoting                     Commission, 100 F Street NE,
                                                of the purposes of the Act. Once an                     obligations for both PMMs and CMMs                        Washington, DC 20549–1090.
                                                options series has opened, [sic] a PMM                  during the Opening Process and the                        All submissions should refer to File
                                                continues to be responsible to enter                    manner in which Rule 701, relating to                     Number SR–MRX–2017–27. This file
                                                Valid Width Quotes during the Opening                   the Opening Process, and Rule 804,                        number should be included on the
                                                Process and thereafter submit                           relating to Market Maker quoting                          subject line if email is used. To help the
                                                continuous, two-sided quotes in such                    obligations, interact with each other.                    Commission process and review your
                                                options series pursuant to                              According to the Exchange, these                          comments more efficiently, please use
                                                Supplementary Material .01 to Rule 804.                 obligations should be immediately                         only one method. The Commission will
                                                Also, if an options series opened                       clarified to prevent confusion and                        post all comments on the Commission’s
                                                pursuant to MRX Rule 701(c)(1)(ii) or                   uncertainty for Market Makers quoting                     internet website (http://www.sec.gov/
                                                (iii), a CMM shall be required to submit                on the Exchange. For the reasons                          rules/sro.shtml). Copies of the
                                                continuous, two-sided quotes in such                    articulated by the Exchange, the                          submission, all subsequent
                                                option series, once an option series has                Commission believes that waiver of the                    amendments, all written statements
                                                opened pursuant to Rule 804(e)(2)(iii).                 30-day operative delay is consistent                      with respect to the proposed rule
                                                This proposed rule text makes clear that                with the protection of investors and the                  change that are filed with the
                                                CMMs are required to submit                             public interest. Therefore, the                           Commission, and all written
                                                                                                        Commission designates the proposed                        communications relating to the
                                                continuous, two-sided quotes in such
                                                                                                        rule change to be operative upon                          proposed rule change between the
                                                option series pursuant to Rule
                                                                                                        filing.11                                                 Commission and any person, other than
                                                804(e)(2)(iii), in the event an options                    At any time within 60 days of the
                                                series opened pursuant to Rule                                                                                    those that may be withheld from the
                                                                                                        filing of the proposed rule change, the
                                                701(c)(1)(ii) and (iii). The proposal                                                                             public in accordance with the
                                                                                                        Commission summarily may
                                                provides greater clarity to the Opening                                                                           provisions of 5 U.S.C. 552, will be
                                                                                                        temporarily suspend such rule change if
                                                Process and also to the interplay                                                                                 available for website viewing and
                                                                                                        it appears to the Commission that such
                                                between quoting obligations during the                                                                            printing in the Commission’s Public
                                                                                                        action is necessary or appropriate in the
                                                Opening Process and intra-day quoting                                                                             Reference Room, 100 F Street NE,
                                                                                                        public interest, for the protection of
                                                obligations noted within Rule 804.                                                                                Washington, DC 20549, on official
                                                                                                        investors, or otherwise in furtherance of
                                                                                                                                                                  business days between the hours of
                                                C. Self-Regulatory Organization’s                       the purposes of the Act. If the
                                                                                                                                                                  10:00 a.m. and 3:00 p.m. Copies of the
                                                                                                        Commission takes such action, the
                                                Statement on Comments on the                                                                                      filing also will be available for
                                                                                                        Commission shall institute proceedings
                                                Proposed Rule Change Received From                                                                                inspection and copying at the principal
                                                                                                        to determine whether the proposed rule
                                                Members, Participants, or Others                                                                                  office of the Exchange. All comments
                                                                                                        should be approved or disapproved.
                                                                                                                                                                  received will be posted without change.
                                                  No written comments were either                       IV. Solicitation of Comments                              Persons submitting comments are
                                                solicited or received.                                                                                            cautioned that we do not redact or edit
                                                                                                          Interested persons are invited to
                                                                                                        submit written data, views, and                           personal identifying information from
                                                III. Date of Effectiveness of the
                                                                                                        arguments concerning the foregoing,                       comment submissions. You should
                                                Proposed Rule Change and Timing for
                                                                                                        including whether the proposed rule                       submit only information that you wish
                                                Commission Action
                                                                                                        change is consistent with the Act.                        to make available publicly. All
                                                  Because the foregoing proposed rule                                                                             submissions should refer to File
                                                change does not: (i) Significantly affect                 8 15  U.S.C. 78s(b)(3)(A)(iii).                         Number SR–MRX–2017–27 and should
                                                the protection of investors or the public                 9 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–       be submitted on or before January 10,
                                                interest; (ii) impose any significant                   4(f)(6) requires a self-regulatory organization to give   2018.
                                                                                                        the Commission written notice of its intent to file
                                                burden on competition; and (iii) become                 the proposed rule change at least five business days      For the Commission, by the Division of
                                                operative for 30 days from the date on                  prior to the date of filing of the proposed rule          Trading and Markets, pursuant to delegated
sradovich on DSK3GMQ082PROD with NOTICES




                                                which it was filed, or such shorter time                change, or such shorter time as designated by the         authority.12
                                                                                                        Commission. The Exchange has satisfied this               Eduardo A. Aleman,
                                                as the Commission may designate, it has                 requirement.
                                                become effective pursuant to Section                       10 17 CFR 240.19b–4(f)(6)(iii).                        Assistant Secretary.
                                                                                                           11 For purposes only of waiving the 30-day             [FR Doc. 2017–27345 Filed 12–19–17; 8:45 am]
                                                                                                        operative delay, the Commission also has                  BILLING CODE 8011–01–P
                                                                                                        considered the proposed rule’s impact on
                                                                                                        efficiency, competition, and capital formation. See
                                                                                                        15 U.S.C. 78c(f).                                           12 17   CFR 200.30–3(a)(12).



                                           VerDate Sep<11>2014   21:36 Dec 19, 2017   Jkt 244001   PO 00000   Frm 00094   Fmt 4703   Sfmt 9990   E:\FR\FM\20DEN1.SGM         20DEN1



Document Created: 2018-10-25 10:58:11
Document Modified: 2018-10-25 10:58:11
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 60460 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR