80_FR_10214 80 FR 10177 - Self-Regulatory Organizations; BOX Options Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Extend the Pilot Program That Suspends Certain Obvious Error Provisions During Limit Up-Limit Down States in Securities That Underlie Options Traded on the Exchange

80 FR 10177 - Self-Regulatory Organizations; BOX Options Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Extend the Pilot Program That Suspends Certain Obvious Error Provisions During Limit Up-Limit Down States in Securities That Underlie Options Traded on the Exchange

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 37 (February 25, 2015)

Page Range10177-10179
FR Document2015-03814

Federal Register, Volume 80 Issue 37 (Wednesday, February 25, 2015)
[Federal Register Volume 80, Number 37 (Wednesday, February 25, 2015)]
[Notices]
[Pages 10177-10179]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-03814]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74306; File No. SR-BOX-2015-13]


Self-Regulatory Organizations; BOX Options Exchange LLC; Notice 
of Filing and Immediate Effectiveness of a Proposed Rule Change To 
Extend the Pilot Program That Suspends Certain Obvious Error Provisions 
During Limit Up-Limit Down States in Securities That Underlie Options 
Traded on the Exchange

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 18, 2015, BOX Options Exchange LLC (the ``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 self-regulatory organization. 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 the 
Substance of the Proposed Rule Change

    The Exchange proposes to amend Interpretive Material 1 to Rule 7080 
to extend, through October 23, 2015, the pilot program that suspends 
certain obvious error provisions during limit up-limit down states in 
securities that underlie options traded on the Exchange. The text of 
the proposed rule change is available from the principal office of the 
Exchange, at the Commission's Public Reference Room and also on the 
Exchange's Internet Web site at http://boxexchange.com.

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 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 10178]]

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

1. Purpose
    The Exchange proposes to extend through October 23, 2015 the pilot 
that permits the Exchange to suspend certain provisions in BOX Rule 
7170 (Obvious and Catastrophic Errors) during limit up-limit down 
states in securities that underlie options traded on the Exchange 
(``Pilot''). The Pilot is currently scheduled to expire on February 20, 
2015.
    The Pilot allows the Exchange to exclude transactions executed 
during a Limit State or Straddle State from provisions in BOX Rule 
7170. This does not include Rule 7170(e) and (f), which specify when a 
trade resulting from an erroneous print or quote in the underlying 
security may be adjusted or busted.
    The remaining provisions in BOX Rule 7170 provide a process by 
which a transaction may be busted or adjusted when the execution price 
of a transaction deviates from the option's theoretical price by a 
certain amount. Under these provisions, the theoretical price is the 
national best bid price for the option with respect to a sell order and 
the national best offer for the option with respect to a buy order. 
During a Limit State or Straddle State, options prices may deviate 
substantially from those available prior to or following the limit 
state. Consequently, the Exchange believed that these provisions would 
be impracticable given the lack of a reliable national best bid or 
offer in the options market during Limit States and Straddle States, 
and could produce undesirable effects.
    The Exchange proposes to extend the operation of this Pilot to 
analyze the impact of the Limit and Straddle States. The Exchange will 
also continue to evaluate whether adopting a provision for reviewing 
trades on its own motion during Limit and Straddle States is necessary 
and appropriate.
    Additionally, the Exchange represents that it will conduct its own 
analysis concerning the elimination of the obvious error rule during 
Limit and Straddle States and agrees to provide the Commission with 
relevant data to assess the impact of the Pilot. As part of its 
analysis, the Exchange will evaluate (1) the options market quality 
during Limit and Straddle States, (2) assess the character of incoming 
order flow and transactions during Limit and Straddle States, and (3) 
review any complaints from members and their customers concerning 
executions during Limit and Straddle States. The Exchange also agrees 
to provide to the Commission data requested to evaluate the impact of 
the elimination of the obvious error rule, including data relevant to 
assessing the various analyses noted above.
    Specifically, the Exchange agrees to provide the following data to 
the Commission and the public to help evaluate the impact of the Pilot. 
By May 29, 2015 the Exchange shall provide an assessment relating to 
the impact of the Plan and calibration of the Percentage Parameters. On 
a monthly basis, the Exchange shall provide both the Commission and 
public a dataset containing the data for each Straddle and Limit State 
in optionable stocks.\3\
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    \3\ The dataset will include the options for each underlying 
security that reaches a limit or straddle state and has at least one 
(1) trade on the Exchange during the straddle or limit state. For 
each of those options affected the data record will contain 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. For activity on the Exchange the data record will contain 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 or limit states, an indicator variable for whether those 
options outlined above have a price change exceeding 30% during the 
underlying stock's straddle or limit state compared to the last 
available option price as reported by OPRA before the start of the 
straddle or limit 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 straddle or limit state (or 
halt if applicable) is 30% away from the price before the start of 
the straddle or limit state.
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2. Statutory Basis
    The Exchange believes that the proposal is consistent with the 
requirements of Section 6(b) of the Act,\4\ in general, and Section 
6(b)(5) of the Act,\5\ in particular, in that it is designed to foster 
cooperation and coordination with persons engaged in regulating, 
clearing, settling, processing information with respect to, and 
facilitating transactions in securities, to remove impediments to and 
perfect the mechanism for a free and open market and a national market 
system and, in general, to protect investors and the public interest. 
In particular, the proposed extension will allow the Pilot to remain in 
effect until the end of the pilot period of the Plan to Address 
Extraordinary Market Volatility (``Plan'').\6\ The Exchange believes 
that it continues to be necessary and appropriate in the interest of 
promoting fair and orderly markets to exclude transactions executed 
during a Limit State or Straddle State from the provision of BOX Rule 
7170. Specifically 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 States and Straddle 
States, and that the resulting actions (i.e., busted trades or adjusted 
prices) may not be appropriate given market conditions.
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    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(5).
    \6\ See Securities Exchange Act Release No. 74110 (January 21, 
2015), 80 FR 4321 (January 27, 2015) (Joint Industry Plan; Notice of 
Filing of the Eighth Amendment to the National Market System Plan to 
Address Extraordinary Market Volatility).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    Because the proposed rule change does not impose any new or 
additional burden on BOX Options Participants, and only extends the 
current Pilot, 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.

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    The Exchange has neither solicited nor received comments on the 
proposed rule change.

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 \7\ and Rule 19b-
4(f)(6)(iii) thereunder.\8\
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    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 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.
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    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

[[Page 10179]]

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.\9\
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    \9\ 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 Comments

     Use 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-BOX-2015-13 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-BOX-2015-13. 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-BOX-2015-13, and should be 
submitted on or before March 18, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-03814 Filed 2-24-15; 8:45 am]
BILLING CODE 8011-01-P



                                                                               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
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                                                    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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                                                    10178                     Federal Register / Vol. 80, No. 37 / Wednesday, February 25, 2015 / Notices

                                                    A. Self-Regulatory Organization’s                       Straddle States. The Exchange also                       continues to be necessary and
                                                    Statement of the Purpose of, and                        agrees to provide to the Commission                      appropriate in the interest of promoting
                                                    Statutory Basis for, the Proposed Rule                  data requested to evaluate the impact of                 fair and orderly markets to exclude
                                                    Change                                                  the elimination of the obvious error                     transactions executed during a Limit
                                                                                                            rule, including data relevant to                         State or Straddle State from the
                                                    1. Purpose
                                                                                                            assessing the various analyses noted                     provision of BOX Rule 7170.
                                                       The Exchange proposes to extend                      above.                                                   Specifically the Exchange believes the
                                                    through October 23, 2015 the pilot that                   Specifically, the Exchange agrees to                   application of the current rule will be
                                                    permits the Exchange to suspend certain                 provide the following data to the                        impracticable given the lack of a reliable
                                                    provisions in BOX Rule 7170 (Obvious                    Commission and the public to help                        national best bid or offer in the options
                                                    and Catastrophic Errors) during limit                   evaluate the impact of the Pilot. By May                 market during Limit States and Straddle
                                                    up-limit down states in securities that                 29, 2015 the Exchange shall provide an                   States, and that the resulting actions
                                                    underlie options traded on the Exchange                 assessment relating to the impact of the                 (i.e., busted trades or adjusted prices)
                                                    (‘‘Pilot’’). The Pilot is currently                     Plan and calibration of the Percentage                   may not be appropriate given market
                                                    scheduled to expire on February 20,                     Parameters. On a monthly basis, the                      conditions.
                                                    2015.                                                   Exchange shall provide both the
                                                       The Pilot allows the Exchange to                     Commission and public a dataset                          B. Self-Regulatory Organization’s
                                                    exclude transactions executed during a                  containing the data for each Straddle                    Statement on Burden on Competition
                                                    Limit State or Straddle State from                      and Limit State in optionable stocks.3                     Because the proposed rule change
                                                    provisions in BOX Rule 7170. This does                                                                           does not impose any new or additional
                                                    not include Rule 7170(e) and (f), which                 2. Statutory Basis                                       burden on BOX Options Participants,
                                                    specify when a trade resulting from an                     The Exchange believes that the                        and only extends the current Pilot, the
                                                    erroneous print or quote in the                         proposal is consistent with the                          Exchange does not believe that the
                                                    underlying security may be adjusted or                  requirements of Section 6(b) of the Act,4                proposed rule change will impose any
                                                    busted.                                                 in general, and Section 6(b)(5) of the                   burden on competition not necessary or
                                                       The remaining provisions in BOX                      Act,5 in particular, in that it is designed              appropriate in furtherance of the
                                                    Rule 7170 provide a process by which                    to foster cooperation and coordination                   purposes of the Act.
                                                    a transaction may be busted or adjusted                 with persons engaged in regulating,
                                                    when the execution price of a                           clearing, settling, processing                           C. Self-Regulatory Organization’s
                                                    transaction deviates from the option’s                  information with respect to, and                         Statement on Comments on the
                                                    theoretical price by a certain amount.                  facilitating transactions in securities, to              Proposed Rule Change Received From
                                                    Under these provisions, the theoretical                 remove impediments to and perfect the                    Members, Participants, or Others
                                                    price is the national best bid price for                mechanism for a free and open market                       The Exchange has neither solicited
                                                    the option with respect to a sell order                 and a national market system and, in                     nor received comments on the proposed
                                                    and the national best offer for the option              general, to protect investors and the                    rule change.
                                                    with respect to a buy order. During a                   public interest. In particular, the                      III. Date of Effectiveness of the
                                                    Limit State or Straddle State, options                  proposed extension will allow the Pilot                  Proposed Rule Change and Timing for
                                                    prices may deviate substantially from                   to remain in effect until the end of the                 Commission Action
                                                    those available prior to or following the               pilot period of the Plan to Address
                                                    limit state. Consequently, the Exchange                 Extraordinary Market Volatility                             Because the proposed rule change
                                                    believed that these provisions would be                 (‘‘Plan’’).6 The Exchange believes that it               does not (i) significantly affect the
                                                    impracticable given the lack of a reliable                                                                       protection of investors or the public
                                                    national best bid or offer in the options                  3 The dataset will include the options for each       interest; (ii) impose any significant
                                                    market during Limit States and Straddle                 underlying security that reaches a limit or straddle     burden on competition; and (iii) become
                                                                                                            state and has at least one (1) trade on the Exchange     operative for 30 days from the date on
                                                    States, and could produce undesirable                   during the straddle or limit state. For each of those
                                                    effects.                                                                                                         which it was filed, or such shorter time
                                                                                                            options affected the data record will contain the
                                                       The Exchange proposes to extend the                  stock symbol, option symbol, time at the start of the    as the Commission may designate if
                                                    operation of this Pilot to analyze the                  straddle or limit state, an indicator for whether it     consistent with the protection of
                                                    impact of the Limit and Straddle States.                is a straddle or limit state. For activity on the        investors and the public interest, the
                                                                                                            Exchange the data record will contain the executed       proposed rule change has become
                                                    The Exchange will also continue to                      volume, time-weighted quoted bid-ask spread, time-
                                                    evaluate whether adopting a provision                   weighted average quoted depth at the bid, time-          effective pursuant to Section 19(b)(3)(A)
                                                    for reviewing trades on its own motion                  weighted average quoted depth at the offer, high         of the Act 7 and Rule 19b–4(f)(6)(iii)
                                                    during Limit and Straddle States is                     execution price, low execution price, number of          thereunder.8
                                                                                                            trades for which a request for review for error was         The Exchange has asked the
                                                    necessary and appropriate.                              received during straddle or limit states, an indicator
                                                       Additionally, the Exchange represents                variable for whether those options outlined above
                                                                                                                                                                     Commission to waive the 30-day
                                                    that it will conduct its own analysis                   have a price change exceeding 30% during the             operative delay so that the proposal may
                                                    concerning the elimination of the                       underlying stock’s straddle or limit state compared      become operative immediately upon
                                                                                                            to the last available option price as reported by        filing. The Commission believes that
                                                    obvious error rule during Limit and                     OPRA before the start of the straddle or limit state
                                                    Straddle States and agrees to provide                                                                            waiving the 30-day operative delay is
                                                                                                            (1 if observe 30% and 0 otherwise), and another
                                                    the Commission with relevant data to                    indicator variable for whether the option price          consistent with the protection of
                                                    assess the impact of the Pilot. As part of              within five minutes of the underlying stock leaving      investors and the public interest, as it
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                                                                                                            straddle or limit state (or halt if applicable) is 30%
                                                    its analysis, the Exchange will evaluate                away from the price before the start of the straddle       7 15  U.S.C. 78s(b)(3)(A).
                                                    (1) the options market quality during                   or limit state.                                            8 17  CFR 240.19b–4(f)(6)(iii). As required under
                                                    Limit and Straddle States, (2) assess the                  4 15 U.S.C. 78f(b).
                                                                                                                                                                     Rule 19b–4(f)(6)(iii), the Exchange provided the
                                                    character of incoming order flow and                       5 15 U.S.C. 78f(b)(5).
                                                                                                                                                                     Commission with written notice of its intent to file
                                                                                                               6 See Securities Exchange Act Release No. 74110       the proposed rule change, along with a brief
                                                    transactions during Limit and Straddle
                                                                                                            (January 21, 2015), 80 FR 4321 (January 27, 2015)        description and the text of the proposed rule
                                                    States, and (3) review any complaints                   (Joint Industry Plan; Notice of Filing of the Eighth     change, at least five business days prior to the date
                                                    from members and their customers                        Amendment to the National Market System Plan to          of filing of the proposed rule change, or such
                                                    concerning executions during Limit and                  Address Extraordinary Market Volatility).                shorter time as designated by the Commission.



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                                                                              Federal Register / Vol. 80, No. 37 / Wednesday, February 25, 2015 / Notices                                          10179

                                                    will allow the obvious error pilot                      those that may be withheld from the                   Systems), Section 8 (BX Opening and
                                                    program to continue uninterrupted                       public in accordance with the                         Halt Cross) of the Exchange’s Options
                                                    while the industry gains further                        provisions of 5 U.S.C. 552, will be                   rules. The proposal would update or
                                                    experience operating under the Plan,                    available for Web site viewing and                    add Section 1 and Section 8 definitions
                                                    and avoid any investor confusion that                   printing in the Commission’s Public                   in respect of the BX Opening and Halt
                                                    could result from a temporary                           Reference Room, 100 F Street NE.,                     Cross. The proposal would also make
                                                    interruption in the pilot program. For                  Washington, DC 20549 on official                      changes regarding: The criteria for
                                                    this reason, the Commission designates                  business days between the hours of                    opening of trading or resumption of
                                                    the proposed rule change to be operative                10:00 a.m. and 3:00 p.m. Copies of such               trading after a halt; BX posting on its
                                                    upon filing.9                                           filing also will be available for                     Web site any changes to the
                                                       At any time within 60 days of the                    inspection and copying at the principal               dissemination interval or prior Order
                                                    filing of the proposed rule change, the                 office of the Exchange. All comments                  Imbalance Indicator; the procedure if
                                                    Commission summarily may                                received will be posted without change;               more than one price exists; the
                                                    temporarily suspend such rule change if                 the Commission does not edit personal                 procedure if there are unexecuted
                                                    it appears to the Commission that such                  identifying information from                          contracts; and the ability of firms to
                                                    action is necessary or appropriate in the               submissions. You should submit only                   elect that orders be returned in symbols
                                                    public interest, for the protection of                  information that you wish to make                     that were not opened on BX before the
                                                    investors, or otherwise in furtherance of               available publicly. All submissions                   conclusion of the Opening Order Cancel
                                                    the purposes of the Act. If the                         should refer to File Number SR–BOX–                   Timer.
                                                    Commission takes such action, the                       2015–13, and should be submitted on or                   The text of the proposed rule change
                                                    Commission shall institute proceedings                  before March 18, 2015.                                is available on the Exchange’s Web site
                                                    to determine whether the proposed rule                    For the Commission, by the Division of              at http://nasdaqomxbx.cchwallstreet
                                                    should be approved or disapproved.                      Trading and Markets, pursuant to delegated            .com/, at the principal office of the
                                                    IV. Solicitation of Comments                            authority.10                                          Exchange, and at the Commission’s
                                                                                                            Brent J. Fields,                                      Public Reference Room.
                                                      Interested persons are invited to
                                                                                                            Secretary.
                                                    submit written data, views, and                                                                               II. Self-Regulatory Organization’s
                                                                                                            [FR Doc. 2015–03814 Filed 2–24–15; 8:45 am]
                                                    arguments concerning the foregoing,                                                                           Statement of the Purpose of, and
                                                    including whether the proposed rule                     BILLING CODE 8011–01–P                                Statutory Basis for, the Proposed Rule
                                                    change is consistent with the Act.                                                                            Change
                                                    Comments may be submitted by any of                                                                             In its filing with the Commission, the
                                                                                                            SECURITIES AND EXCHANGE
                                                    the following methods:                                                                                        Exchange included statements
                                                                                                            COMMISSION
                                                    Electronic Comments                                                                                           concerning the purpose of and basis for
                                                                                                            [Release No. 34–74310; File No. SR–BX–
                                                      • Use the Commission’s Internet                                                                             the proposed rule change and discussed
                                                                                                            2015–010]
                                                    comment form (http://www.sec.gov/                                                                             any comments it received on the
                                                    rules/sro.shtml); or                                    Self-Regulatory Organizations;                        proposed rule change. The text of these
                                                      • Send an email to rule-comments@                     NASDAQ OMX BX, Inc.; Notice of Filing                 statements may be examined at the
                                                    sec.gov. Please include File Number SR–                 and Immediate Effectiveness of                        places specified in Item IV below. The
                                                    BOX–2015–13 on the subject line.                        Proposed Rule Change To Modify and                    Exchange has prepared summaries, set
                                                                                                            Reorganize Chapter VI (Trading                        forth in sections A, B, and C below, of
                                                    Paper Comments                                          Systems), Section 8 (BX Opening and                   the most significant aspects of such
                                                      • Send paper comments in triplicate                   Halt Cross) of the Exchange’s Options                 statements.
                                                    to Brent J. Fields, Secretary, Securities               Rules                                                 A. Self-Regulatory Organization’s
                                                    and Exchange Commission, 100 F Street                                                                         Statement of the Purpose of, and
                                                    NE., Washington, DC 20549–1090.                         February 19, 2015.
                                                                                                               Pursuant to Section 19(b)(1) of the                Statutory Basis for, the Proposed Rule
                                                    All submissions should refer to File                                                                          Change
                                                    Number SR–BOX–2015–13. This file                        Securities Exchange Act of 1934
                                                    number should be included on the                        (‘‘Act’’),1 and Rule 19b–4 thereunder,2               1. Purpose
                                                    subject line if email is used. To help the              notice is hereby given that on February
                                                                                                                                                                     The purpose of the proposed rule
                                                    Commission process and review your                      9, 2015, NASDAQ OMX BX, Inc. (‘‘BX’’
                                                                                                                                                                  change is to modify BX Chapter VI,
                                                    comments more efficiently, please use                   or ‘‘Exchange’’) filed with the Securities
                                                                                                                                                                  Section 1 and Section 8 to update or add
                                                    only one method. The Commission will                    and Exchange Commission (‘‘SEC’’ or
                                                                                                                                                                  definitions, which include Current
                                                    post all comments on the Commission’s                   ‘‘Commission’’) the proposed rule
                                                                                                                                                                  Reference Price, BX Opening Cross,
                                                    Internet Web site (http://www.sec.gov/                  change as described in Items I and II
                                                                                                                                                                  Eligible Interest, Valid Width National
                                                    rules/sro.shtml). Copies of the                         below, which Items have been prepared
                                                                                                                                                                  Best Bid or Offer (‘‘Valid Width
                                                    submission, all subsequent                              by the Exchange. The Commission is
                                                                                                                                                                  NBBO’’), Away Best Bid or Offer
                                                    amendments, all written statements                      publishing this notice to solicit
                                                                                                                                                                  (‘‘ABBO’’), and On the Open Order
                                                    with respect to the proposed rule                       comments on the proposed rule change
                                                                                                                                                                  (‘‘OPG’’). The purpose is to also make
                                                    change that are filed with the                          from interested persons.
                                                                                                                                                                  changes regarding: The criteria for
                                                    Commission, and all written                             I. Self-Regulatory Organization’s                     opening of trading or resumption of
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                                                    communications relating to the                          Statement of the Terms of the Substance               trading after a halt; BX posting on its
                                                    proposed rule change between the                        of the Proposed Rule Change                           Web site any changes to the
                                                    Commission and any person, other than                      The Exchange proposes to modify and                dissemination interval or prior Order
                                                                                                            reorganize Chapter VI (Trading                        Imbalance Indicator; the procedure if
                                                       9 For purposes only of waiving the 30-day
                                                                                                                                                                  more than one price exists; the
                                                    operative delay, the Commission has also
                                                    considered the proposed rule’s impact on
                                                                                                              10 17 CFR 200.30–3(a)(12).                          procedure if there are unexecuted
                                                    efficiency, competition, and capital formation. See       1 15 U.S.C. 78s(b)(1).                              contracts; and the ability of firms to
                                                    15 U.S.C. 78c(f).                                         2 17 CFR 240.19b–4.                                 elect that orders be returned in symbols


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Document Created: 2015-12-18 13:09:32
Document Modified: 2015-12-18 13:09:32
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation80 FR 10177 

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