Self-Regulatory Organizations; International Securities Exchange, LLC; Order Approving a Proposed Rule Change To Modify the Response Times in the Block Mechanism, Facilitation Mechanism, Solicited Order Mechanism, and Price Improvement Mechanism, 3055-3056 [2017-00217]
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Federal Register / Vol. 82, No. 6 / Tuesday, January 10, 2017 / Notices
benefit from the improved market
liquidity. Enhanced market quality and
increased transaction volume that
results from the anticipated increase in
order flow directed to the Exchange will
benefit all market participants and
improve competition on the Exchange.
Given the robust competition for
volume among options markets, many of
which offer the same products,
implementing programs to attract order
flow similar to the ones being proposed
in this filing, are consistent with the
above-mentioned goals of the Act. The
Exchange notes that it operates in a
highly competitive market in which
market participants can readily favor
competing venues. In such an
environment, the Exchange must
continually review, and consider
adjusting, its fees and credits to remain
competitive with other exchanges. For
the reasons described above, the
Exchange believes that the proposed
rule change reflects this competitive
environment.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were solicited
or received with respect to the proposed
rule change.
pmangrum on DSK3GDR082PROD with NOTICES
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The foregoing rule change is effective
upon filing pursuant to Section
19(b)(3)(A) 23 of the Act and
subparagraph (f)(2) of Rule 19b–4 24
thereunder, because it establishes a due,
fee, or other charge imposed by the
Exchange.
At any time within 60 days of the
filing of such 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
under Section 19(b)(2)(B) 25 of the Act to
determine whether the proposed rule
change 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
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(2).
25 15 U.S.C. 78s(b)(2)(B).
14:59 Jan 09, 2017
Paper Comments
January 4, 2017.
• 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–NYSEMKT–2016–127. 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 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–
NYSEMKT–2016–127 and should be
submitted on or before January 31, 2017.
I. Introduction
On November 8, 2016, the
International Securities Exchange, LLC
(the ‘‘Exchange’’ or ‘‘ISE’’) filed with the
Securities and Exchange Commission
(‘‘Commission’’) pursuant to Section
19(b)(1) of the Securities Exchange Act
of 1934 (‘‘Act’’) 1 and Rule 19b–4
thereunder,2 a proposed rule change to
amend ISE Rules 716 (Block Trades) and
723 (Price Improvement Mechanism for
Crossing Transactions) to modify the
response times in the Block Order
Mechanism, Facilitation Mechanism,
Solicited Order Mechanism, and Price
Improvement Mechanism (‘‘PIM’’) from
500 milliseconds to a time period
designated by the Exchange of no less
than 100 milliseconds and no more than
1 second. The proposed rule change was
published for comment in the Federal
Register on November 25, 2016.3 No
comment letters were received on the
proposed rule change. This order
approves the proposed rule change.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.26
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017–00221 Filed 1–9–17; 8:45 am]
26 17
Jkt 241001
[Release No. 34–79733; File No. SR–ISE–
2016–26]
Self-Regulatory Organizations;
International Securities Exchange,
LLC; Order Approving a Proposed
Rule Change To Modify the Response
Times in the Block Mechanism,
Facilitation Mechanism, Solicited
Order Mechanism, and Price
Improvement Mechanism
24 17
VerDate Sep<11>2014
SECURITIES AND EXCHANGE
COMMISSION
• 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–
NYSEMKT–2016–127 on the subject
line.
BILLING CODE 8011–01–P
23 15
3055
PO 00000
CFR 200.30–3(a)(12).
Frm 00117
Fmt 4703
Sfmt 4703
II. Description of the Proposed Rule
Change
ISE Rule 716 (Block Trades) contains
the requirements applicable to the
execution of orders using the Block
Order Mechanism, Facilitation
Mechanism, and Solicited Order
Mechanism. The Block Order
Mechanism allows ISE members to
obtain liquidity for the execution of a
block-size order.4 The Facilitation and
Solicited Order Mechanisms allow ISE
members to enter cross transactions
seeking price improvement.5 ISE Rule
723 (Price Improvement Mechanism for
Crossing Transactions) contains the
requirements applicable to the
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 See Securities Exchange Act Release No. 79352
(November 18, 2016), 81 FR 85277 (‘‘Notice’’).
4 Block-size orders are orders for 50 contracts or
more. See ISE Rule 716(a).
5 Only block-size orders can be entered into the
Facilitation Mechanism, whereas only orders for
500 contracts or more can be entered into the
Solicited Order Mechanism. See ISE Rule 716(d)
and (e).
2 17
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10JAN1
3056
Federal Register / Vol. 82, No. 6 / Tuesday, January 10, 2017 / Notices
execution of orders using the PIM. The
PIM allows ISE members to enter cross
transactions of any size. The
Facilitation, Solicited Order
Mechanisms, and PIM allow for ISE
members to designate certain customer
orders for price improvement and
submit such orders into one of the
mechanisms with a matching contra
order. Once such an order is submitted,
ISE commences an auction by
broadcasting a message to all ISE
members that includes the series, price,
size, and side of the market.6 Further,
responses within the PIM (i.e.,
Improvement Orders), are also broadcast
to market participants during the
auction.
Orders entered into the Block Order
Mechanism, Facilitation Mechanism,
Solicited Order Mechanism, and PIM
are currently exposed to all market
participants for 500 milliseconds, giving
them an opportunity to enter additional
trading interest before the orders are
automatically executed. Under the
proposal, ISE would determine an
exposure period for each of the four
mechanisms that is no less than 100
milliseconds and no more than 1
second.7
III. Discussion and Commission’s
Findings
After careful review, the Commission
finds that the proposed rule change is
consistent with the requirements of the
Act and the rules and regulations
thereunder applicable to a national
securities exchange.8 In particular, the
Commission finds that the proposed
rule change is consistent with Section
6(b)(5) of the Act,9 which requires,
among other things, that the rules of a
national securities exchange be
designed to promote just and equitable
principles of trade, to foster cooperation
and coordination with persons engaged
in regulating transactions in securities,
to remove impediments to and perfect
the mechanism of a free and open
pmangrum on DSK3GDR082PROD with NOTICES
6 ISE
members may choose to hide the size, side,
and price when entering orders into the Block
Order Mechanism.
7 While the proposed rule change would allow
ISE to increase the exposure period up to 1 second,
ISE stated that it currently intends to decrease the
time period allowed for responses to 100
milliseconds. See Notice, supra note 3, at 85278.
ISE further noted that its proposal is consistent with
exposure periods permitted in similar mechanisms
on other options exchanges. See id. at 85278. See
also Securities Exchange Act Release Nos. 76301
(October 29, 2015), 80 FR 68347 (November 4, 2015)
(SR–BX–2015–032) and 77557 (April 7, 2016), 81
FR 21935 (April 13, 2016) (SR–Phlx–2016–40).
8 In approving this proposed rule change, the
Commission has considered the proposed rule’s
impact on efficiency, competition, and capital
formation. See 15 U.S.C. 78c(f).
9 15 U.S.C. 78f(b)(5).
VerDate Sep<11>2014
14:59 Jan 09, 2017
Jkt 241001
market and a national market system
and, in general, to protect investors and
the public interest, and not be designed
to permit unfair discrimination between
customers, issuers, brokers, or dealers.
The Commission also finds that the
proposed rule change is consistent with
Section 6(b)(8) of the Act,10 which
requires that the rules of an exchange
not impose any burden on competition
that is not necessary or appropriate in
furtherance of the purposes of the Act.
The Commission believes that, given
the electronic environment of ISE,
reducing each of the exposure periods
from 500 milliseconds to no less than
100 milliseconds could facilitate the
prompt execution of orders, while
continuing to provide market
participants with an opportunity to
compete for exposed bids and offers. To
substantiate that its members could
receive, process, and communicate a
response back to ISE within 100
milliseconds, ISE stated that it surveyed
all ISE members that responded to an
auction in the period beginning July 1,
2015 and ending January 15, 2016. Each
of the twenty-one members surveyed
indicated that they can currently
receive, process, and communicate a
response back to ISE within 100
milliseconds. To implement the reduced
exposure periods and help ensure that
ISE’s and its members’ systems are
working properly given the faster
response times, ISE will reduce the
auction time over a period of weeks,
ending at 100 milliseconds. Upon
effectiveness of the proposal, and at
least six weeks prior to implementation
of the proposed rule change, ISE will
issue a circular to its members,
informing them of the implementation
date of the reduction of the auction from
500 milliseconds to the auction time
designated by ISE (100 milliseconds) to
allow members the opportunity to
perform systems changes. ISE also
represented that it will issue a circular
at least four weeks prior to any future
changes, as permitted by its rules, to the
auction time.11 In addition, ISE
reviewed all executions occurring in the
mechanisms by ISE members from
March 28, 2016 to April 25, 2016. This
review of executions in the mechanisms
indicated that approximately 98% of
responses that resulted in price
improving executions at the conclusion
of an auction were submitted within 500
milliseconds. Approximately 94% of
responses that resulted in price
improving executions at the conclusion
of an auction were submitted within 100
milliseconds, and 83% were submitted
10 15
U.S.C. 78f(b)(8).
Notice, supra note 3, at 85279.
11 See
PO 00000
Frm 00118
Fmt 4703
Sfmt 4703
within 50 milliseconds of the initial
order.12 Furthermore, with regard to the
impact of the proposal on system
capacity, ISE has analyzed its capacity
and represented that it has the necessary
systems capacity to handle the potential
additional traffic associated with the
additional transactions that may occur
with the implementation of the
reduction in the auction duration to no
less than 100 milliseconds.13
Based on ISE’s statements, the
Commission believes that market
participants should continue to have
opportunities to compete for exposed
bids and offers within an exposure
period of no less than 100 milliseconds
and no more than 1 second.14
Accordingly, the Commission believes
that it is consistent with the Act for the
Exchange to modify the response times
in the Block Mechanism, Facilitation
Mechanism, Solicited Order
Mechanism, and PIM from 500
milliseconds to a time period designated
by the Exchange of no less than 100
milliseconds and no more than 1
second.
IV. Conclusion
It is therefore ordered, pursuant to
Section 19(b)(2) of the Act,15 that the
proposed rule change (SR–ISE–2016–26)
be, and hereby is, approved.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.16
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017–00217 Filed 1–9–17; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Investment Company Act Release No.
32413; 812–13828–01
Hartford Funds Exchange-Traded
Trust, et al.; Notice of Application]
January 4, 2017.
Securities and Exchange
Commission (‘‘Commission’’).
ACTION: Notice of an application for an
order under section 6(c) of the
Investment Company Act of 1940 (the
‘‘Act’’) for an exemption from sections
2(a)(32), 5(a)(1), 22(d), and 22(e) of the
AGENCY:
12 See
id.
id.
14 The Commission notes that the ability to
designate such an exposure time period is
consistent with the rules of other options
exchanges. See supra note 7. See also NASDAQ
Phlx Rule 1080(n)(ii)(A)(4) and NASDAQ BX
Options Rules Chapter VI, Section 9(ii)(A)(3).
15 15 U.S.C. 78s(b)(2).
16 17 CFR 200.30–3(a)(12).
13 See
E:\FR\FM\10JAN1.SGM
10JAN1
Agencies
[Federal Register Volume 82, Number 6 (Tuesday, January 10, 2017)]
[Notices]
[Pages 3055-3056]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00217]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-79733; File No. SR-ISE-2016-26]
Self-Regulatory Organizations; International Securities Exchange,
LLC; Order Approving a Proposed Rule Change To Modify the Response
Times in the Block Mechanism, Facilitation Mechanism, Solicited Order
Mechanism, and Price Improvement Mechanism
January 4, 2017.
I. Introduction
On November 8, 2016, the International Securities Exchange, LLC
(the ``Exchange'' or ``ISE'') filed with the Securities and Exchange
Commission (``Commission'') pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4
thereunder,\2\ a proposed rule change to amend ISE Rules 716 (Block
Trades) and 723 (Price Improvement Mechanism for Crossing Transactions)
to modify the response times in the Block Order Mechanism, Facilitation
Mechanism, Solicited Order Mechanism, and Price Improvement Mechanism
(``PIM'') from 500 milliseconds to a time period designated by the
Exchange of no less than 100 milliseconds and no more than 1 second.
The proposed rule change was published for comment in the Federal
Register on November 25, 2016.\3\ No comment letters were received on
the proposed rule change. This order approves the proposed rule change.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ See Securities Exchange Act Release No. 79352 (November 18,
2016), 81 FR 85277 (``Notice'').
---------------------------------------------------------------------------
II. Description of the Proposed Rule Change
ISE Rule 716 (Block Trades) contains the requirements applicable to
the execution of orders using the Block Order Mechanism, Facilitation
Mechanism, and Solicited Order Mechanism. The Block Order Mechanism
allows ISE members to obtain liquidity for the execution of a block-
size order.\4\ The Facilitation and Solicited Order Mechanisms allow
ISE members to enter cross transactions seeking price improvement.\5\
ISE Rule 723 (Price Improvement Mechanism for Crossing Transactions)
contains the requirements applicable to the
[[Page 3056]]
execution of orders using the PIM. The PIM allows ISE members to enter
cross transactions of any size. The Facilitation, Solicited Order
Mechanisms, and PIM allow for ISE members to designate certain customer
orders for price improvement and submit such orders into one of the
mechanisms with a matching contra order. Once such an order is
submitted, ISE commences an auction by broadcasting a message to all
ISE members that includes the series, price, size, and side of the
market.\6\ Further, responses within the PIM (i.e., Improvement
Orders), are also broadcast to market participants during the auction.
---------------------------------------------------------------------------
\4\ Block-size orders are orders for 50 contracts or more. See
ISE Rule 716(a).
\5\ Only block-size orders can be entered into the Facilitation
Mechanism, whereas only orders for 500 contracts or more can be
entered into the Solicited Order Mechanism. See ISE Rule 716(d) and
(e).
\6\ ISE members may choose to hide the size, side, and price
when entering orders into the Block Order Mechanism.
---------------------------------------------------------------------------
Orders entered into the Block Order Mechanism, Facilitation
Mechanism, Solicited Order Mechanism, and PIM are currently exposed to
all market participants for 500 milliseconds, giving them an
opportunity to enter additional trading interest before the orders are
automatically executed. Under the proposal, ISE would determine an
exposure period for each of the four mechanisms that is no less than
100 milliseconds and no more than 1 second.\7\
---------------------------------------------------------------------------
\7\ While the proposed rule change would allow ISE to increase
the exposure period up to 1 second, ISE stated that it currently
intends to decrease the time period allowed for responses to 100
milliseconds. See Notice, supra note 3, at 85278. ISE further noted
that its proposal is consistent with exposure periods permitted in
similar mechanisms on other options exchanges. See id. at 85278. See
also Securities Exchange Act Release Nos. 76301 (October 29, 2015),
80 FR 68347 (November 4, 2015) (SR-BX-2015-032) and 77557 (April 7,
2016), 81 FR 21935 (April 13, 2016) (SR-Phlx-2016-40).
---------------------------------------------------------------------------
III. Discussion and Commission's Findings
After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of the Act and the rules and
regulations thereunder applicable to a national securities exchange.\8\
In particular, the Commission finds that the proposed rule change is
consistent with Section 6(b)(5) of the Act,\9\ which requires, among
other things, that the rules of a national securities exchange be
designed to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in regulating
transactions in securities, 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, and not be
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers. The Commission also finds that the proposed rule
change is consistent with Section 6(b)(8) of the Act,\10\ which
requires that the rules of an exchange not impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act.
---------------------------------------------------------------------------
\8\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
\9\ 15 U.S.C. 78f(b)(5).
\10\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------
The Commission believes that, given the electronic environment of
ISE, reducing each of the exposure periods from 500 milliseconds to no
less than 100 milliseconds could facilitate the prompt execution of
orders, while continuing to provide market participants with an
opportunity to compete for exposed bids and offers. To substantiate
that its members could receive, process, and communicate a response
back to ISE within 100 milliseconds, ISE stated that it surveyed all
ISE members that responded to an auction in the period beginning July
1, 2015 and ending January 15, 2016. Each of the twenty-one members
surveyed indicated that they can currently receive, process, and
communicate a response back to ISE within 100 milliseconds. To
implement the reduced exposure periods and help ensure that ISE's and
its members' systems are working properly given the faster response
times, ISE will reduce the auction time over a period of weeks, ending
at 100 milliseconds. Upon effectiveness of the proposal, and at least
six weeks prior to implementation of the proposed rule change, ISE will
issue a circular to its members, informing them of the implementation
date of the reduction of the auction from 500 milliseconds to the
auction time designated by ISE (100 milliseconds) to allow members the
opportunity to perform systems changes. ISE also represented that it
will issue a circular at least four weeks prior to any future changes,
as permitted by its rules, to the auction time.\11\ In addition, ISE
reviewed all executions occurring in the mechanisms by ISE members from
March 28, 2016 to April 25, 2016. This review of executions in the
mechanisms indicated that approximately 98% of responses that resulted
in price improving executions at the conclusion of an auction were
submitted within 500 milliseconds. Approximately 94% of responses that
resulted in price improving executions at the conclusion of an auction
were submitted within 100 milliseconds, and 83% were submitted within
50 milliseconds of the initial order.\12\ Furthermore, with regard to
the impact of the proposal on system capacity, ISE has analyzed its
capacity and represented that it has the necessary systems capacity to
handle the potential additional traffic associated with the additional
transactions that may occur with the implementation of the reduction in
the auction duration to no less than 100 milliseconds.\13\
---------------------------------------------------------------------------
\11\ See Notice, supra note 3, at 85279.
\12\ See id.
\13\ See id.
---------------------------------------------------------------------------
Based on ISE's statements, the Commission believes that market
participants should continue to have opportunities to compete for
exposed bids and offers within an exposure period of no less than 100
milliseconds and no more than 1 second.\14\ Accordingly, the Commission
believes that it is consistent with the Act for the Exchange to modify
the response times in the Block Mechanism, Facilitation Mechanism,
Solicited Order Mechanism, and PIM from 500 milliseconds to a time
period designated by the Exchange of no less than 100 milliseconds and
no more than 1 second.
---------------------------------------------------------------------------
\14\ The Commission notes that the ability to designate such an
exposure time period is consistent with the rules of other options
exchanges. See supra note 7. See also NASDAQ Phlx Rule
1080(n)(ii)(A)(4) and NASDAQ BX Options Rules Chapter VI, Section
9(ii)(A)(3).
---------------------------------------------------------------------------
IV. Conclusion
It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\15\ that the proposed rule change (SR-ISE-2016-26) be, and hereby
is, approved.
---------------------------------------------------------------------------
\15\ 15 U.S.C. 78s(b)(2).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
---------------------------------------------------------------------------
\16\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-00217 Filed 1-9-17; 8:45 am]
BILLING CODE 8011-01-P