[Federal Register Volume 82, Number 40 (Thursday, March 2, 2017)]
[Notices]
[Pages 12380-12381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04030]



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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80101; File No. SR-ISEGemini-2017-05]


Self-Regulatory Organizations; ISE Gemini, LLC; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change Related to a Delay 
of Implementation for the Block Order Mechanism

February 24, 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 February 16, 2017, ISE Gemini, LLC (``ISE Gemini'' or ``Exchange'') 
filed with the Securities and Exchange Commission (``Commission'') the 
proposed rule change as described in Items I and II below, which Items 
have been prepared by the Exchange. The Commission is publishing this 
notice to solicit comments on the proposed rule change from interested 
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to delay the implementation of the Block 
Order Mechanism \3\ functionality on ISE Gemini.
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    \3\ Block-size orders are orders for fifty (50) contracts or 
more. The Block Order Mechanism is a process by which a Member can 
obtain liquidity for the execution of block-size orders pursuant to 
Rule 716(c).
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    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 Exchange recently filed a proposed rule change to amend Rule 
716, Block Order Mechanism, along with other rules to reflect the ISE 
Gemini technology migration to a Nasdaq, Inc. (``Nasdaq'') supported 
architecture.\4\ The Exchange noted in the rule change to amend Rule 
716 that it intends to begin implementation of the proposed rule 
changes in Q1 2017.\5\ The migration will be on a symbol by symbol 
basis, and the Exchange will issue an alert to members in the form of 
an Options Trader Alert to provide notification of the symbols that 
will migrate and the relevant dates.
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    \4\ See Securities Exchange Act Release No. 80011 (February 10, 
2017), 82 FR 10927 (SR-ISEGemini-2016-17) (Order Approving Proposed 
Rule Change, as Modified by Amendment Nos. 1 and 2, To Amend Various 
Rules in Connection With a System Migration to Nasdaq INET 
Technology).
    \5\ Id.
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    At this time, the Exchange proposes to delay the implementation of 
the Block Order Mechanism functionality in ISE Gemini Rule 716(c). The 
Exchange proposes to no longer offer the functionality as of a date 
prior to February 27, 2017. The Exchange will notify Members of the 
exact date the functionality will no longer be available by issuing a 
Market Information Circular. The Exchange proposes to launch this 
functionality prior to June 1, 2017 and will notify Members of the 
exact implementation date by issuing a Market Information Circular. The 
Facilitation Mechanism in ISE Gemini Rule 716(d) and the Solicited 
Order Mechanism in ISE Gemini Rule 716(e) will be available and are 
unaffected by this rule change.
    The Exchange desires to rollout this functionality at a later date 
to allow additional time to build out and test this feature on the new 
INET platform. The Exchange is staging the replatform to provide 
maximum benefit to its Members while also ensuring a successful 
rollout. This delay will provide the Exchange additional time to 
implement this functionality. The Exchange notes that no market 
participant would be impacted by the delay in implementation as no 
participants currently utilize this feature on ISE Gemini.
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 
for the reasons stated below.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that delaying the implementation of the Block 
Order Mechanism functionality on ISE Gemini is consistent with the Act 
because the Exchange desires to rollout this functionality at a later 
date to allow additional time to build out this feature and test on the 
new INET platform. The Exchange is staging the replatform to provide 
maximum benefit to its Members while also ensuring a successful 
rollout. This delay will provide the Exchange additional time to 
implement this functionality. There is no impact to market participants 
as a result of this delay as no participants currently utilize this 
feature on ISE Gemini. The Exchange will provide notice to Members to 
ensure clarity about the delay of implementation of this functionality.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition not necessary or appropriate in 
furtherance of the purposes of the Act. The Exchange does not believe 
that the proposed rule change will impact the intense competition that 
exists in the options market. No market participant will be impacted by 
the delay of implementation of this functionality as no participants 
currently utilize this feature on ISE Gemini. The Exchange plans to 
offer the functionality after a short period of delay.

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

[[Page 12381]]

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\
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    \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.
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    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the 
Act \10\ normally does not become operative for 30 days after the date 
of its filing. However, Rule 19b-4(f)(6)(iii) \11\ permits the 
Commission to designate a shorter time if such action is consistent 
with the protection of investors and the public interest. The Exchange 
has asked the Commission to waive the 30-day operative delay so that 
the proposal may become operative immediately upon filing. The 
Commission believes that waiving the 30-day operative delay is 
consistent with the protection of investors and the public interest. 
The Exchange represents that waiver of the operative delay would 
provide the Exchange additional time to implement the Block Order 
Mechanism functionality and ensure that it is properly functioning 
prior to implementation on INET. The Commission notes that the Exchange 
represents that there will be no impact to market participants as a 
result of the proposed delay in implementation because no participants 
currently utilize the Block Order Mechanism on the Exchange. 
Accordingly, the Commission hereby waives the operative delay and 
designates the proposal operative upon filing.\12\
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    \10\ 17 CFR 240.19b-4(f)(6).
    \11\ 17 CFR 240.19b-4(f)(6)(iii).
    \12\ For purposes only of waiving the 30-day operative delay, 
the Commission has also considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
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    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is: (i) 
Necessary or appropriate in the public interest; (ii) for the 
protection of investors; or (iii) otherwise in furtherance of the 
purposes of the Act. If the Commission takes such action, the 
Commission shall institute proceedings to determine whether the 
proposed rule should be approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-ISEGemini-2017-05 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-ISEGemini-2017-05. This 
file number should be included on the subject line if email is used. To 
help the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549, on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-ISEGemini-2017-05 and should 
be submitted on or before March 23, 2017.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2017-04030 Filed 3-1-17; 8:45 am]
 BILLING CODE 8011-01-P