Self-Regulatory Organizations; International Securities Exchange, LLC; Notice of Filing of Proposed Rule Change to Amend the Supplementary Material to ISE Rule 1901, 96532-96534 [2016-31678]
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96532
Federal Register / Vol. 81, No. 251 / Friday, December 30, 2016 / Notices
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
Written comments were neither
solicited nor received.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing rule change has become
effective pursuant to Section 19(b)(3)(A)
of the Act 8 and paragraph (f)(2) of Rule
19b–4 thereunder.9 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:
srobinson on DSK5SPTVN1PROD with NOTICES
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
FINRA–2016–048 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–FINRA–2016–048. 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 (https://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 FINRA. All comments received
will be posted without change; the
Commission does not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File Number SR–FINRA–
2016–048, and should be submitted on
or before January 20, 2017.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.10
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016–31682 Filed 12–29–16; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–79686; File No. SR–ISE–
2016–31]
Self-Regulatory Organizations;
International Securities Exchange,
LLC; Notice of Filing of Proposed Rule
Change to Amend the Supplementary
Material to ISE Rule 1901
December 23, 2016.
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 December
22, 2016, the International Securities
Exchange, LLC (‘‘ISE’’ 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.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend the
Supplementary Material to ISE Rule
1901, titled ‘‘Order Protection’’ in
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
U.S.C. 78s(b)(3)(A).
9 17 CFR 240.19b–4(f)(2).
VerDate Sep<11>2014
19:18 Dec 29, 2016
1 15
Jkt 241001
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
10 17
8 15
connection with a system migration to
Nasdaq INET technology.
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.
PO 00000
Frm 00100
Fmt 4703
Sfmt 4703
The purpose of this rule change is to
amend the Supplementary Material to
ISE Rule 1901, titled ‘‘Order Protection’’
to reflect the ISE, ISE Gemini, LLC and
ISE Mercury, LLC technology migration
to a Nasdaq, Inc. (‘‘Nasdaq’’) supported
architecture. INET is the proprietary
core technology utilized across Nasdaq’s
global markets and utilized on The
NASDAQ Options Market LLC
(‘‘NOM’’), NASDAQ PHLX LLC (‘‘Phlx’’)
and NASDAQ BX, Inc. (‘‘BX’’)
(collectively, ‘‘Nasdaq Exchanges’’). The
migration of ISE to the Nasdaq INET
architecture would result in higher
performance, scalability, and more
robust architecture. With this system
migration, the Exchange intends to
adopt certain trading functionality
currently utilized at Nasdaq Exchanges.
The functionality being adopted is
described in this filing.
Generally
With the re-platform, the Exchange
will now be built on the Nasdaq INET
architecture, which allows certain
trading system functionality to be
performed in parallel. The Exchange
believes that this architecture change
will improve the member experience by
reducing overall latency compared to
the current ISE, ISE Gemini, LLC and
ISE Mercury, LLC system because of the
manner in which the system is
segregated into component parts to
handle processing.
E:\FR\FM\30DEN1.SGM
30DEN1
Federal Register / Vol. 81, No. 251 / Friday, December 30, 2016 / Notices
srobinson on DSK5SPTVN1PROD with NOTICES
Trading Halts
Pursuant to Supplementary Material
.02 to Rule 1901, when the automatic
execution of an incoming order would
result in an impermissible tradethrough, such order is exposed at the
current national best bid or offer to all
members for a time period established
by the Exchange not to exceed one (1)
second.3 The Exchange proposes to
amend Supplementary Material .02 to
Rule 1901 to provide that if a trading
halt is initiated during this exposure
period, the exposure period will be
terminated without execution. Today,
when a trading halt is triggered during
the auction process described above, ISE
terminates the exposure period and
executes eligible interest. The proposed
treatment of trading halts is based on
Phlx Rule 1047(c), which provides that
in the event the exchange halts trading,
all trading in the affected option shall be
halted. This is interpreted to restrict
executions after a halt unless there is a
specific rule specifying that such trades
should take place. Halting the exposure
period without execution is a change
from current ISE behavior. However, the
Exchange believes participants prefer
certainty in regard to how their interest
will be handled in the event of a trading
halt and prefer consistency of behavior
across market centers.
Implementation
The Exchange intends to begin
implementation of the proposed rule
change in tandem with a technology
migration to Nasdaq INET architecture.
The migration will be on a symbol by
symbol basis, and the Exchange will
issue a notice to provide Members with
notification of the symbols that will
migrate and the relevant dates. With
respect to the amendment to
Supplementary Material .02 to Rule
1901, the rule change impact not only
ISE, but also ISE Gemini, LLC and ISE
Mercury, LLC because Chapter 19 is
incorporated by reference into those
rulebooks. The Exchange proposes that
the implementation of this rule change
into each rulebook occur as specified
herein. ISE rule changes will be
implemented in Q2 2017 on a symbol by
symbol basis, as noted above. ISE
Gemini, LLC rule changes will be
implemented in Q1 2017 on a symbol by
symbol basis. ISE Mercury, LLC rule
changes will be implemented in Q3
2017 on a symbol by symbol basis. The
Exchange will add the following rule
text to make clear the implementation
3 During the exposure period, Exchange Members
may enter responses up to the size of the order
being exposed in the regular trading increment
applicable to the option.
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19:18 Dec 29, 2016
Jkt 241001
date in each rulebook: ‘‘The amended
rule text will be implemented on a
symbol by symbol basis for ISE Gemini,
LLC in Q1 2017, for ISE in Q2 2017 and
for ISE Mercury, LLC in Q3 2017, the
specific dates will be announced in a
separate notice.’’
2. Statutory Basis
The Exchange believes that its
proposal is consistent with Section 6(b)
of the Act,4 in general, and furthers the
objectives of Section 6(b)(5) of the Act,5
in particular, in that it is designed to
promote just and equitable principles of
trade, to remove impediments to and
perfect the mechanism of a free and
open market and a national market
system, and, in general to protect
investors and the public interest for the
reasons stated below.
Trading Halts
The Exchange’s proposal to amend
Supplementary Material .02 to Rule
1901 to add a new provision to
memorialize the impact of a trading halt
on the exposure period is consistent
with the Act because halting the
exposure period without execution
provides certainty to market
participants with respect to how their
interest will be handled in the event of
a trading halt. This method will also
provide consistency of behavior across
market centers. Memorializing this
behavior will increase transparency of
the operation of the Exchange for the
benefit of Members and investors.
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. As explained
above, the Exchange is re-platforming
it’s trading system onto the Nasdaq
INET architecture, and is making certain
other changes to its trading functionality
in connection with this migration.
Amending the Supplementary Material
.02 to Rule 1901 will not impact the
intense competition that exists in the
options market. In fact, the Exchange
believes that this proposal will provide
clarity as to the manner in which a
trading halt impacts exposure periods,
thereby providing certainty to all market
participants.
4 15
5 15
PO 00000
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
Frm 00101
Fmt 4703
Sfmt 4703
96533
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
Within 45 days of the date of
publication of this notice in the Federal
Register or within such longer period
up to 90 days (i) as the Commission may
designate if it finds such longer period
to be appropriate and publishes its
reasons for so finding or (ii) as to which
the self-regulatory organization
consents, the Commission will:
(A) By order approve or disapprove
such proposed rule change, or
(B) institute proceedings to determine
whether the proposed rule change
should be 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 (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rulecomments@sec.gov. Please include File
Number SR–ISE–2016–31 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–ISE–2016–31. 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 (https://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
E:\FR\FM\30DEN1.SGM
30DEN1
96534
Federal Register / Vol. 81, No. 251 / Friday, December 30, 2016 / Notices
provisions of 5 U.S.C. 552, will be
available for Web site viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE.,
Washington, DC 20549, on official
business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the
filing also will be available for
inspection and copying at the principal
office of the Exchange. All comments
received will be posted without change;
the Commission does not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
available publicly. All submissions
should refer to File Number SR–ISE–
2016–31 and should be submitted on or
before January 20, 2017.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.6
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016–31678 Filed 12–29–16; 8:45 am]
BILLING CODE 8011–01–P
[Release No. 34–79688; File No. SR–
NYSEArca–2016–170]
Self-Regulatory Organizations; NYSE
Arca, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change Amending NYSE Arca
Equities Rules 7.11, 7.31, and 7.34
December 23, 2016.
srobinson on DSK5SPTVN1PROD with NOTICES
Pursuant to Section 19(b)(1) 1 of the
Securities Exchange Act of 1934 (the
‘‘Act’’),2 and Rule 19b–4 thereunder,3
notice is hereby given that on December
20, 2016, NYSE Arca, Inc. (the
‘‘Exchange’’ or ‘‘NYSE Arca’’) filed with
the Securities and Exchange
Commission (the ‘‘Commission’’) the
proposed rule change as described in
Items I and II below, which Items have
been prepared by the self-regulatory
organization. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of the Substance
of the Proposed Rule Change
The Exchange proposes to amend
NYSE Arca Equities Rules 7.11, 7.31,
and 7.34 to specify order behavior for
orders entered via the Pillar phase II
protocols. The proposed rule change is
6 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 15 U.S.C. 78a.
3 17 CFR 240.19b–4.
1 15
19:18 Dec 29, 2016
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
self-regulatory organization 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 those 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 parts of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
SECURITIES AND EXCHANGE
COMMISSION
VerDate Sep<11>2014
available on the Exchange’s Web site at
www.nyse.com, at the principal office of
the Exchange, and at the Commission’s
Public Reference Room.
Jkt 241001
The Exchange proposes to amend
NYSE Arca Equities Rules 7.11 (Limit
Up-Limit Down Plan and Trading
Pauses in Individual Securities Due to
Extraordinary Market Volatility) (‘‘Rule
7.11’’), 7.31 (Orders and Modifiers)
(‘‘Rule 7.31’’), and 7.34 (Trading
Sessions) (‘‘Rule 7.34’’) to specify order
behavior for orders entered via the Pillar
phase II protocols.
Background
On January 29, 2015, the Exchange
announced the implementation of Pillar,
which is an integrated trading
technology platform designed to use a
single specification for connecting to the
equities and options markets operated
by the Exchange and its affiliates, NYSE
MKT, Inc. (‘‘NYSE MKT’’) and New
York Stock Exchange LLC (‘‘NYSE’’).4
NYSE Arca Equities, which operates the
equities trading platform for the
Exchange, was the first trading system
to migrate to Pillar. In connection with
this implementation, the Exchange filed
four rule proposals relating to Pillar.5
4 See Trader Update dated January 29, 2015,
available here: https://www.nyse.com/publicdocs/
nyse/markets/nyse/
Pillar_Trader_Update_Jan_2015.pdf.
5 See Securities Exchange Act Release Nos. 74951
(May 13, 2015), 80 FR 28721 (May 19, 2015)
(Notice) and 75494 (July 20, 2015), 80 FR 44170
(July 24, 2015) (SR–NYSEArca–2015–38) (Approval
Order of NYSE Arca Pillar I Filing, adopting rules
for Trading Sessions, Order Ranking and Display,
and Order Execution); Securities Exchange Act
Release Nos. 75497 (July 21, 2015), 80 FR 45022
(July 28, 2015) (Notice) and 76267 (October 26,
2015), 80 FR 66951 (October 30, 2015) (SR–
NYSEArca–2015–56) (Approval Order of NYSE
Arca Pillar II Filing, adopting rules for Orders and
PO 00000
Frm 00102
Fmt 4703
Sfmt 4703
ETP Holders enter orders and order
instructions by using communication
protocols that map to the order types
and modifiers described in Exchange
rules. Currently, all ETP Holders
communicate with the NYSE Arca
Marketplace using Pillar phase I
protocols. The Exchange is introducing
new technology to support how ETP
Holders communicate with the NYSE
Arca Marketplace (‘‘Pillar phase II
protocols’’). Because Pillar phase II
protocols will support new order
functionality, the Exchange proposes to
revise its rules to reflect these changes.
During this implementation, there
will be a period when both the Pillar
phase I and Pillar phase II protocols will
be available to ETP Holders.
Accordingly, the Exchange proposes to
amend its rules to describe how an ETP
Holder’s orders would behave
depending on the protocol an ETP
Holder chooses to use.
Proposed Amendments to Rule 7.11
Currently, under Rule 7.11 any Limit
Order that is priced or would trade
outside of a Price Band under the Plan 6
is cancelled, unless an ETP Holder
enters instructions for adjustment of the
Limit Order’s working price.
Specifically, Rule 7.11(a)(5) specifies
that a buy (sell) order that is priced or
could be traded above (below) the
Upper (Lower) Price Band will be
cancelled, except as specified in Rule
7.11(a)(6). Rule 7.11(a)(6) further
provides that ETP Holders may enter an
instruction for the working price of a
Limit Order to buy (sell) with a limit
price above (below) the Upper (Lower)
price Band to be adjusted to a price that
is equal to the Upper (Lower) Price
Band rather than cancel the order.
Paragraphs (A)–(D) to Rule 7.11(a)(6)
provide more specifics regarding how
such repricing instructions operate.
Modifiers and the Retail Liquidity Program);
Securities Exchange Act Release Nos. 75467 (July
16, 2015), 80 FR 43515 (July 22, 2015) (Notice) and
76198 (October 20, 2015), 80 FR 65274 (October 26,
2015) (SR–NYSEArca–2015–58) (Approval Order of
NYSE Arca Pillar III Filing, adopting rules for
Trading Halts, Short Sales, Limit Up-Limit Down,
and Odd Lots and Mixed Lots); and Securities
Exchange Act Release Nos. 76085 (October 6, 2015),
80 FR 61513 (October 13, 2015) (Notice) and 76869
(January 11, 2016), 81 FR 2276 (January 15, 2016)
(Approval Order of NYSE Arca Pillar IV Filing,
adopting rules for Auctions).
6 Under Rule 7.11(a)(1), the ‘‘Plan’’ is defined as
the Plan to Address Extraordinary Market Volatility
Submitted to the Securities and Exchange
Commission Pursuant to Rule 608 of Regulation
NMS under the Securities Exchange Act of 1934,
Exhibit A to Securities Exchange Act Release No.
67091 (May 31, 2012), 77 FR 33498 (June 6, 2012),
as it may be amended from time to time. Under
Rule 7.11(a)(2), capitalized terms not otherwise
defined in Rule 7.11 have the meaning set forth in
the Plan.
E:\FR\FM\30DEN1.SGM
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Agencies
[Federal Register Volume 81, Number 251 (Friday, December 30, 2016)]
[Notices]
[Pages 96532-96534]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31678]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-79686; File No. SR-ISE-2016-31]
Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing of Proposed Rule Change to Amend the
Supplementary Material to ISE Rule 1901
December 23, 2016.
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 December 22, 2016, the International Securities Exchange, LLC
(``ISE'' 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.
---------------------------------------------------------------------------
\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 the Supplementary Material to ISE
Rule 1901, titled ``Order Protection'' in connection with a system
migration to Nasdaq INET technology.
The text of the proposed rule change is available on the Exchange's
Web site at www.ise.com, at the principal office of the Exchange, and
at the Commission's Public Reference Room.
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
The purpose of this rule change is to amend the Supplementary
Material to ISE Rule 1901, titled ``Order Protection'' to reflect the
ISE, ISE Gemini, LLC and ISE Mercury, LLC technology migration to a
Nasdaq, Inc. (``Nasdaq'') supported architecture. INET is the
proprietary core technology utilized across Nasdaq's global markets and
utilized on The NASDAQ Options Market LLC (``NOM''), NASDAQ PHLX LLC
(``Phlx'') and NASDAQ BX, Inc. (``BX'') (collectively, ``Nasdaq
Exchanges''). The migration of ISE to the Nasdaq INET architecture
would result in higher performance, scalability, and more robust
architecture. With this system migration, the Exchange intends to adopt
certain trading functionality currently utilized at Nasdaq Exchanges.
The functionality being adopted is described in this filing.
Generally
With the re-platform, the Exchange will now be built on the Nasdaq
INET architecture, which allows certain trading system functionality to
be performed in parallel. The Exchange believes that this architecture
change will improve the member experience by reducing overall latency
compared to the current ISE, ISE Gemini, LLC and ISE Mercury, LLC
system because of the manner in which the system is segregated into
component parts to handle processing.
[[Page 96533]]
Trading Halts
Pursuant to Supplementary Material .02 to Rule 1901, when the
automatic execution of an incoming order would result in an
impermissible trade-through, such order is exposed at the current
national best bid or offer to all members for a time period established
by the Exchange not to exceed one (1) second.\3\ The Exchange proposes
to amend Supplementary Material .02 to Rule 1901 to provide that if a
trading halt is initiated during this exposure period, the exposure
period will be terminated without execution. Today, when a trading halt
is triggered during the auction process described above, ISE terminates
the exposure period and executes eligible interest. The proposed
treatment of trading halts is based on Phlx Rule 1047(c), which
provides that in the event the exchange halts trading, all trading in
the affected option shall be halted. This is interpreted to restrict
executions after a halt unless there is a specific rule specifying that
such trades should take place. Halting the exposure period without
execution is a change from current ISE behavior. However, the Exchange
believes participants prefer certainty in regard to how their interest
will be handled in the event of a trading halt and prefer consistency
of behavior across market centers.
---------------------------------------------------------------------------
\3\ During the exposure period, Exchange Members may enter
responses up to the size of the order being exposed in the regular
trading increment applicable to the option.
---------------------------------------------------------------------------
Implementation
The Exchange intends to begin implementation of the proposed rule
change in tandem with a technology migration to Nasdaq INET
architecture. The migration will be on a symbol by symbol basis, and
the Exchange will issue a notice to provide Members with notification
of the symbols that will migrate and the relevant dates. With respect
to the amendment to Supplementary Material .02 to Rule 1901, the rule
change impact not only ISE, but also ISE Gemini, LLC and ISE Mercury,
LLC because Chapter 19 is incorporated by reference into those
rulebooks. The Exchange proposes that the implementation of this rule
change into each rulebook occur as specified herein. ISE rule changes
will be implemented in Q2 2017 on a symbol by symbol basis, as noted
above. ISE Gemini, LLC rule changes will be implemented in Q1 2017 on a
symbol by symbol basis. ISE Mercury, LLC rule changes will be
implemented in Q3 2017 on a symbol by symbol basis. The Exchange will
add the following rule text to make clear the implementation date in
each rulebook: ``The amended rule text will be implemented on a symbol
by symbol basis for ISE Gemini, LLC in Q1 2017, for ISE in Q2 2017 and
for ISE Mercury, LLC in Q3 2017, the specific dates will be announced
in a separate notice.''
2. Statutory Basis
The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\4\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\5\ in particular, in that it is designed to promote
just and equitable principles of trade, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general to protect investors and the public interest
for the reasons stated below.
---------------------------------------------------------------------------
\4\ 15 U.S.C. 78f(b).
\5\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
Trading Halts
The Exchange's proposal to amend Supplementary Material .02 to Rule
1901 to add a new provision to memorialize the impact of a trading halt
on the exposure period is consistent with the Act because halting the
exposure period without execution provides certainty to market
participants with respect to how their interest will be handled in the
event of a trading halt. This method will also provide consistency of
behavior across market centers. Memorializing this behavior will
increase transparency of the operation of the Exchange for the benefit
of Members and investors.
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. As explained above, the
Exchange is re-platforming it's trading system onto the Nasdaq INET
architecture, and is making certain other changes to its trading
functionality in connection with this migration. Amending the
Supplementary Material .02 to Rule 1901 will not impact the intense
competition that exists in the options market. In fact, the Exchange
believes that this proposal will provide clarity as to the manner in
which a trading halt impacts exposure periods, thereby providing
certainty to all market participants.
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
Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
(A) By order approve or disapprove such proposed rule change, or
(B) institute proceedings to determine whether the proposed rule
change should be 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 (https://www.sec.gov/rules/sro.shtml); or
Send an email to rule-comments@sec.gov. Please include
File Number SR-ISE-2016-31 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-ISE-2016-31. 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 (https://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
[[Page 96534]]
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-ISE-2016-31 and should be
submitted on or before January 20, 2017.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
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\6\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-31678 Filed 12-29-16; 8:45 am]
BILLING CODE 8011-01-P