80 FR 10175 - Self-Regulatory Organizations; ISE Gemini, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to Extend the Limit Up-Limit Down Obvious Error Pilot
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 80, Issue 37 (February 25, 2015)
Federal Register Volume 80, Issue 37 (February 25, 2015)
| Page Range | 10175-10177 | |
| FR Document | 2015-03822 |
[Federal Register Volume 80, Number 37 (Wednesday, February 25, 2015)] [Notices] [Pages 10175-10177] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-03822] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-74311; File No. SR-ISEGemini-2015-05] Self-Regulatory Organizations; ISE Gemini, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to Extend the Limit Up-Limit Down Obvious Error Pilot February 19, 2015. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that on February 19, 2015, ISE Gemini, LLC (the ``Exchange'' or ``ISE Gemini'') 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 self-regulatory organization. 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 the Substance of the Proposed Rule Change ISE Gemini proposes to extend a pilot program under Rule 703A(d) that suspends Rule 720 regarding obvious errors during Limit and Straddle States in securities that underlie options traded on the Exchange. The text of the proposed rule change is available on the Exchange's Internet Web site at http://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 self-regulatory organization has prepared summaries, set forth in Sections A, B and C below, of the most significant aspects of such statements. [[Page 10176]] A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose Rule 703A(d), which was adopted as part of the Exchange's Form 1 application for registration as a national securities exchange,\3\ is designed to address certain issues related to the Plan to Address Extraordinary Market Volatility Pursuant to Rule 608 of Regulation NMS under the Act (the ``Limit Up-Limit Down Plan'' or the ``Plan'').\4\ Specifically, pursuant to a pilot program adopted under Rule 703A(d), the Exchange excludes transactions executed during a Limit State \5\ or Straddle State \6\ from the obvious error provisions of Rule 720. The purpose of this filing is to extend the effectiveness of the pilot program to coincide with the proposed extension of the Limit Up-Limit Down Plan to October 23, 2015.\7\ --------------------------------------------------------------------------- \3\ The Securities and Exchange Commission granted the Exchange's application for registration as a national securities exchange on July 26, 2013. See Securities Exchange Act Release No. Release No. 70050 (July 26, 2013), 78 FR 46622 (Aug. 1, 2013). \4\ See Securities Exchange Act Release No. 67091 (May 31, 2012), 77 FR 33498 (June 6, 2012) (the ``Limit Up-Limit Down Release''). \5\ The term ``Limit State'' means the condition when the national best bid or national best offer for an underlying security equals an applicable price band, as determined by the primary listing exchange for the underlying security. See Rule 703A. \6\ The term ``Straddle State'' means the condition when the national best bid or national best offer for an underlying security is non-executable, as determined by the primary listing exchange for the underlying security, but the security is not in a Limit State. See Rule 703A. \7\ See Exchange Act Release No. 74110 (January 21, 2015), 80 FR 4321 (January 27, 2015) (Eighth Amendment to the Limit-Up Limit-Down Plan). The Exchange notes that the current text of Rule 703A mistakenly states a pilot period end date of April 8, 2014, which was the prior end date selected by the options exchanges for this industry wide initiative. The Exchange has maintained compliance with Rule 703A, including by submitting applicable pilot reports subsequent to this date. --------------------------------------------------------------------------- The Exchange believes the benefits to market participants from this provision should continue on a pilot basis. The Exchange continues to believe that adding certainty to the execution of orders in Limit or Straddle States will encourage market participants to continue to provide liquidity to the Exchange, and, thus, promote a fair and orderly market during these periods. Barring this provision, the obvious error provisions of Rule 720 would likely apply in many instances during Limit and Straddle States. The Exchange believes that continuing the pilot will protect against any unanticipated consequences in the options markets during a Limit or Straddle State. Thus, the Exchange believes that the protections of current rule should continue while the industry gains further experience operating the Plan. In connection with this proposed extension, each month the Exchange shall provide to the Commission, and the public, a dataset containing the data for each Straddle and Limit State in optionable stocks that had at least one trade on the Exchange. For each trade on the Exchange, the Exchange will provide (a) the stock symbol, option symbol, time at the start of the Straddle or Limit State, an indicator for whether it is a Straddle or Limit State, and (b) for the trades on the Exchange, the executed volume, time-weighted quoted bid-ask spread, time-weighted average quoted depth at the bid, time-weighted average quoted depth at the offer, high execution price, low execution price, number of trades for which a request for review for error was received during Straddle and Limit States, an indicator variable for whether those options outlined above have a price change exceeding 30% during the underlying stock's Limit or Straddle State compared to the last available option price as reported by OPRA before the start of the Limit or Straddle State (1 if observe 30% and 0 otherwise), and another indicator variable for whether the option price within five minutes of the underlying stock leaving the Limit or Straddle State (or halt if applicable) is 30% away from the price before the start of the Limit or Straddle State. In addition, the Exchange will provide to the Commission, and the public, no later than May 29, 2015, assessments relating to the impact of the operation of the obvious error rules during Limit and Straddle States including: (1) An evaluation of the statistical and economic impact of Limit and Straddle States on liquidity and market quality in the options markets, and (2) an assessment of whether the lack of obvious error rules in effect during the Straddle and Limit States are problematic. 2. Statutory Basis The Exchange believes that its proposal is consistent with the requirements of the Act and the rules and regulations thereunder that are applicable to a national securities exchange, and, in particular, with the requirements of Section 6(b) of the Act.\8\ In particular, the proposal is consistent with Section 6(b)(5) of the Act,\9\ because it is designed to promote just and equitable principles of trade, remove impediments to and perfect the mechanisms of a free and open market and a national market system and, in general, to protect investors and the public interest. Additionally, the Exchange believes the proposed rule change is consistent with the Section 6(b)(5) \10\ requirement that the rules of an exchange not be designed to permit unfair discrimination between customers, issuers, brokers, or dealers. --------------------------------------------------------------------------- \8\ 15 U.S.C. 78f(b). \9\ 15 U.S.C. 78f(b)(5). \10\ Id. --------------------------------------------------------------------------- In particular, the Exchange further believes that it is necessary and appropriate in the interest of promoting fair and orderly markets to exclude transactions executed during a Limit or Straddle State from certain aspects of Rule 720. The Exchange believes the application of the current rule will be impracticable given the lack of a reliable national best bid or offer in the options market during Limit and Straddle States, and that the resulting actions (i.e., nullified trades or adjusted prices) may not be appropriate given market conditions. Extension of this pilot would ensure that limit orders that are filled during a Limit or Straddle State would have certainty of execution in a manner that promotes just and equitable principles of trade, removes impediments to, and perfects the mechanism of a free and open market and a national market system. Thus, the Exchange believes that the protections of the pilot should continue while the industry gains further experience operating the Plan. 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 that is not necessary or appropriate in furtherance of the purposes of the Act. Specifically, the Exchange believes that, by extending the expiration of the pilot, the proposed rule change will allow for further analysis of the pilot and a determination of how the pilot shall be structured in the future. In doing so, the proposed rule change will also serve to promote regulatory clarity and consistency, thereby reducing burdens on the marketplace and facilitating investor protection. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others The Exchange has not solicited, and does not intend to solicit, comments on this proposed rule change. The [[Page 10177]] Exchange has not received any unsolicited written comments from members or other interested parties. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the proposed rule change does not (i) significantly affect the protection of investors or the public interest; (ii) impose any significant burden on competition; and (iii) become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate if consistent with the protection of investors and the public interest, the proposed rule change has become effective pursuant to Section 19(b)(3)(A) of the Act \11\ and Rule 19b- 4(f)(6)(iii) thereunder.\12\ --------------------------------------------------------------------------- \11\ 15 U.S.C. 78s(b)(3)(A). \12\ 17 CFR 240.19b-4(f)(6)(iii). As required under Rule 19b- 4(f)(6)(iii), the Exchange provided the Commission with written notice of its intent to file the proposed rule change, along with a brief description and the text of the proposed rule change, at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission. --------------------------------------------------------------------------- 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, as it will allow the obvious error pilot program to continue uninterrupted while the industry gains further experience operating under the Plan, and avoid any investor confusion that could result from a temporary interruption in the pilot program. For this reason, the Commission designates the proposed rule change to be operative upon filing.\13\ --------------------------------------------------------------------------- \13\ 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). --------------------------------------------------------------------------- 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 CommentsUse the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or Send an email to rule-comments@sec.gov. Please include File Number SR-ISEGemini-2015-05 on the subject line. Paper Comments Send paper comments in triplicate to Brent J. Fields, Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-ISEGemini-2015-05. 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 such filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; 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-2015-05, and should be submitted on or before March 18, 2015. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\14\ --------------------------------------------------------------------------- \14\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Brent J. Fields, Secretary. [FR Doc. 2015-03822 Filed 2-24-15; 8:45 am] BILLING CODE 8011-01-P
![Federal Register / Vol. 80, No. 37 / Wednesday, February 25, 2015 / Notices 10175
III. Date of Effectiveness of the Comments may be submitted by any of SECURITIES AND EXCHANGE
Proposed Rule Change and Timing for the following methods: COMMISSION
Commission Action
Electronic Comments
Because the proposed rule change [Release No. 34–74311; File No. SR–
does not (i) significantly affect the • Use the Commission’s Internet ISEGemini–2015–05]
protection of investors or the public comment form (http://www.sec.gov/
interest; (ii) impose any significant rules/sro.shtml); or Self-Regulatory Organizations; ISE
burden on competition; and (iii) become Gemini, LLC; Notice of Filing and
• Send an email to rule-comments@
operative for 30 days from the date on Immediate Effectiveness of Proposed
sec.gov. Please include File Number SR–
which it was filed, or such shorter time Rule Change to Extend the Limit Up-
as the Commission may designate, the MIAX–2015–10 on the subject line.
Limit Down Obvious Error Pilot
proposed rule change has become Paper Comments
effective pursuant to Section 19(b)(3)(A) February 19, 2015.
of the Act 13 and Rule 19b–4(f)(6) • Send paper comments in triplicate Pursuant to Section 19(b)(1) of the
thereunder.14 to Secretary, Securities and Exchange Securities Exchange Act of 1934 (the
The Exchange has asked the Commission, 100 F Street NE., ‘‘Act’’),1 and Rule 19b–4 thereunder,2
Commission to waive the 30-day Washington, DC 20549–1090. notice is hereby given that on February
operative delay so that the proposal may
All submissions should refer to File 19, 2015, ISE Gemini, LLC (the
become operative immediately upon
Number SR–MIAX–2015–10. This file ‘‘Exchange’’ or ‘‘ISE Gemini’’) filed with
filing. The Exchange stated that waiver
of this requirement will allow the number should be included on the the Securities and Exchange
Exchange to compete with other subject line if email is used. To help the Commission (‘‘Commission’’) the
exchanges with similar provisions Commission process and review your proposed rule change as described in
without putting the Exchange at a comments more efficiently, please use Items I and II below, which Items have
competitive disadvantage. For this only one method. The Commission will been prepared by the self-regulatory
reason, the Commission believes that post all comments on the Commission’s organization. The Commission is
the proposed rule change presents no Internet Web site (http://www.sec.gov/ publishing this notice to solicit
novel issues and that waiver of the 30- rules/sro.shtml). Copies of the comments on the proposed rule change
day operative delay is consistent with submission, all subsequent from interested persons.
the protection of investors and the amendments, all written statements
public interest; and will allow the with respect to the proposed rule I. Self-Regulatory Organization’s
Exchange to remain competitive with change that are filed with the Statement of the Terms of the Substance
other exchanges. Therefore, the Commission, and all written of the Proposed Rule Change
Commission designates the proposed communications relating to the ISE Gemini proposes to extend a pilot
rule change to be operative upon proposed rule change between the
filing.15 program under Rule 703A(d) that
Commission and any person, other than suspends Rule 720 regarding obvious
At any time within 60 days of the those that may be withheld from the
filing of the proposed rule change, the errors during Limit and Straddle States
public in accordance with the in securities that underlie options
Commission summarily may
provisions of 5 U.S.C. 552, will be traded on the Exchange. The text of the
temporarily suspend such rule change if
it appears to the Commission that such available for Web site viewing and proposed rule change is available on the
action is necessary or appropriate in the printing in the Commission’s Public Exchange’s Internet Web site at http://
public interest, for the protection of Reference Room, 100 F Street NE., www.ise.com, at the principal office of
investors, or otherwise in furtherance of Washington, DC 20549, on official the Exchange, and at the Commission’s
the purposes of the Act. If the business days between the hours of Public Reference Room.
Commission takes such action, the 10:00 a.m. and 3:00 p.m. Copies of the
Commission shall institute proceedings filing also will be available for II. Self-Regulatory Organization’s
to determine whether the proposed rule inspection and copying at the principal Statement of the Purpose of, and
should be approved or disapproved. office of the Exchange. All comments Statutory Basis for, the Proposed Rule
received will be posted without change; Change
IV. Solicitation of Comments
the Commission does not edit personal
Interested persons are invited to In its filing with the Commission, the
identifying information from
submit written data, views and Exchange included statements
submissions. You should submit only
arguments concerning the foregoing, concerning the purpose of, and basis for,
information that you wish to make
including whether the proposed rule the proposed rule change and discussed
available publicly. All submissions
change is consistent with the Act. any comments it received on the
should refer to File Number SR–MIAX–
proposed rule change. The text of these
2015–10 and should be submitted on or
13 15 U.S.C. 78s(b)(3)(A). statements may be examined at the
before March 18, 2015.
14 17 CFR 240.19b–4(f)(6). As required under Rule places specified in Item IV below. The
19b–4(f)(6)(iii), the Exchange provided the For the Commission, by the Division of self-regulatory organization has
Commission with written notice of its intent to file
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Trading and Markets, pursuant to delegated prepared summaries, set forth in
the proposed rule change, along with a brief
description and the text of the proposed rule authority.16 Sections A, B and C below, of the most
change, at least five business days prior to the date Brent J. Fields, significant aspects of such statements.
of filing of the proposed rule change, or such
shorter time as designated by the Commission. Secretary.
15 For purposes only of waiving the 30-day [FR Doc. 2015–03810 Filed 2–24–15; 8:45 am]
operative delay, the Commission has also BILLING CODE 8011–01–P
considered the proposed rule’s impact on
1 15 U.S.C. 78s(b)(1).
efficiency, competition, and capital formation. See
15 U.S.C. 78c(f). 16 17 CFR 200.30–3(a)(12). 2 17 CFR 240.19b–4.
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![Federal Register / Vol. 80, No. 37 / Wednesday, February 25, 2015 / Notices 10177
Exchange has not received any arguments concerning the foregoing, SECURITIES AND EXCHANGE
unsolicited written comments from including whether the proposed rule COMMISSION
members or other interested parties. change is consistent with the Act.
Comments may be submitted by any of [Release No. 34–74306; File No. SR–BOX–
III. Date of Effectiveness of the
the following methods: 2015–13]
Proposed Rule Change and Timing for
Commission Action Electronic Comments
Self-Regulatory Organizations; BOX
Because the proposed rule change • Use the Commission’s Internet Options Exchange LLC; Notice of
does not (i) significantly affect the comment form (http://www.sec.gov/ Filing and Immediate Effectiveness of
protection of investors or the public rules/sro.shtml); or a Proposed Rule Change To Extend
interest; (ii) impose any significant • Send an email to rule- the Pilot Program That Suspends
burden on competition; and (iii) become comments@sec.gov. Please include File Certain Obvious Error Provisions
operative for 30 days from the date on Number SR–ISEGemini–2015–05 on the During Limit Up-Limit Down States in
which it was filed, or such shorter time subject line. Securities That Underlie Options
as the Commission may designate if Traded on the Exchange
Paper Comments
consistent with the protection of
investors and the public interest, the • Send paper comments in triplicate February 19, 2015.
proposed rule change has become to Brent J. Fields, Secretary, Securities Pursuant to Section 19(b)(1) of the
effective pursuant to Section 19(b)(3)(A) and Exchange Commission, 100 F Street Securities Exchange Act of 1934 (the
of the Act 11 and Rule 19b–4(f)(6)(iii) NE., Washington, DC 20549–1090. ‘‘Act’’),1 and Rule 19b–4 thereunder,2
thereunder.12 All submissions should refer to File notice is hereby given that on February
The Exchange has asked the Number SR–ISEGemini–2015–05. This 18, 2015, BOX Options Exchange LLC
Commission to waive the 30-day file number should be included on the (the ‘‘Exchange’’) filed with the
operative delay so that the proposal may subject line if email is used. To help the Securities and Exchange Commission
become operative immediately upon Commission process and review your (‘‘Commission’’) the proposed rule
filing. The Commission believes that comments more efficiently, please use change as described in Items I and II
waiving the 30-day operative delay is only one method. The Commission will below, which Items have been prepared
consistent with the protection of post all comments on the Commission’s by the self-regulatory organization. The
investors and the public interest, as it Internet Web site (http://www.sec.gov/ Commission is publishing this notice to
will allow the obvious error pilot rules/sro.shtml). Copies of the solicit comments on the proposed rule
program to continue uninterrupted submission, all subsequent change from interested persons.
while the industry gains further amendments, all written statements
experience operating under the Plan, with respect to the proposed rule I. Self-Regulatory Organization’s
and avoid any investor confusion that change that are filed with the Statement of the Terms of the Substance
could result from a temporary Commission, and all written of the Proposed Rule Change
interruption in the pilot program. For communications relating to the The Exchange proposes to amend
this reason, the Commission designates proposed rule change between the Interpretive Material 1 to Rule 7080 to
the proposed rule change to be operative Commission and any person, other than extend, through October 23, 2015, the
upon filing.13 those that may be withheld from the pilot program that suspends certain
At any time within 60 days of the public in accordance with the obvious error provisions during limit
filing of the proposed rule change, the provisions of 5 U.S.C. 552, will be up-limit down states in securities that
Commission summarily may available for Web site viewing and underlie options traded on the
temporarily suspend such rule change if printing in the Commission’s Public Exchange. The text of the proposed rule
it appears to the Commission that such Reference Room, 100 F Street NE., change is available from the principal
action is necessary or appropriate in the Washington, DC 20549 on official office of the Exchange, at the
public interest, for the protection of business days between the hours of Commission’s Public Reference Room
investors, or otherwise in furtherance of 10:00 a.m. and 3:00 p.m. Copies of such and also on the Exchange’s Internet Web
the purposes of the Act. If the filing also will be available for site at http://boxexchange.com.
Commission takes such action, the inspection and copying at the principal
Commission shall institute proceedings office of the Exchange. All comments II. Self-Regulatory Organization’s
to determine whether the proposed rule received will be posted without change; Statement of the Purpose of, and
should be approved or disapproved. the Commission does not edit personal Statutory Basis for, the Proposed Rule
identifying information from Change
IV. Solicitation of Comments
submissions. You should submit only In its filing with the Commission, the
Interested persons are invited to information that you wish to make self-regulatory organization included
submit written data, views, and available publicly. All submissions statements concerning the purpose of,
should refer to File Number SR– and basis for, the proposed rule change
11 15 U.S.C. 78s(b)(3)(A). ISEGemini–2015–05, and should be and discussed any comments it received
12 17 CFR 240.19b–4(f)(6)(iii). As required under submitted on or before March 18, 2015. on the proposed rule change. The text
Rule 19b–4(f)(6)(iii), the Exchange provided the
Commission with written notice of its intent to file For the Commission, by the Division of of these statements may be examined at
asabaliauskas on DSK5VPTVN1PROD with NOTICES
the proposed rule change, along with a brief Trading and Markets, pursuant to delegated the places specified in Item IV below.
description and the text of the proposed rule authority.14
change, at least five business days prior to the date The self-regulatory organization has
of filing of the proposed rule change, or such Brent J. Fields, prepared summaries, set forth in
shorter time as designated by the Commission. Secretary. Sections A, B, and C below, of the most
13 For purposes only of waiving the 30-day
[FR Doc. 2015–03822 Filed 2–24–15; 8:45 am] significant aspects of such statements.
operative delay, the Commission has also
considered the proposed rule’s impact on BILLING CODE 8011–01–P
1 15 U.S.C. 78s(b)(1).
efficiency, competition, and capital formation. See
15 U.S.C. 78c(f). 14 17 CFR 200.30–3(a)(12). 2 17 CFR 240.19b–4.
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Document Created: 2015-12-18 13:08:37
Document Modified: 2015-12-18 13:08:37
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 80 FR 10175 |
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