80_FR_10235 80 FR 10198 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Extending the Pilot Period Applicable to Rule 953.1NY(c), Obvious and Catastrophic Errors, Until October 23, 2015

80 FR 10198 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Extending the Pilot Period Applicable to Rule 953.1NY(c), Obvious and Catastrophic Errors, Until October 23, 2015

SECURITIES AND EXCHANGE COMMISSION

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

Page Range10198-10200
FR Document2015-03817

Federal Register, Volume 80 Issue 37 (Wednesday, February 25, 2015)
[Federal Register Volume 80, Number 37 (Wednesday, February 25, 2015)]
[Notices]
[Pages 10198-10200]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-03817]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74309; File No. SR-NYSEMKT-2015-10]


Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and 
Immediate Effectiveness of Proposed Rule Change Extending the Pilot 
Period Applicable to Rule 953.1NY(c), Obvious and Catastrophic Errors, 
Until October 23, 2015

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, NYSE MKT LLC (the ``Exchange'' or ``NYSE 
MKT'') 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 extend the pilot period applicable to Rule 
953.1NY(c), which addresses how the Exchange treats Obvious and 
Catastrophic Errors during periods of extreme market volatility, until 
October 23, 2015. The pilot period is currently set to expire on 
February 20, 2015. The text of the proposed rule change is available on 
the Exchange's Web site at www.nyse.com, at the principal office of the 
Exchange, and at the Commission's Public Reference Room.

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

[[Page 10199]]

on the proposed rule change. The text of those statements may be 
examined at the places specified in Item IV below. The Exchange has 
prepared summaries, set forth in sections A, B, and C below, of the 
most significant parts of such statements.

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

1. Purpose
    The Exchange proposes to extend the pilot period applicable to Rule 
953.1NY(c), which addresses how the Exchange treats Obvious and 
Catastrophic Errors during periods of extreme market volatility, until 
October 23, 2015. The pilot period is currently set to expire on 
February 20, 2015.
    In April 2013, in connection with the Plan to Address Extraordinary 
Market Volatility Pursuant to Rule 608 of Regulation NMS (the 
``Plan''),\3\ the Exchange adopted Rule 953.1NY(c) to provide that 
options executions would not be adjusted or nullified if the execution 
occurs during periods of extreme market volatility.\4\ Specifically, 
Rule 953.1NY(c) provides that, during the pilot period, electronic 
transactions in options that overlay an NMS Stock that occur during a 
Limit State or a Straddle State (as defined by the Plan) are not 
subject to review under Rule 975NY(a) for Obvious Errors or Rule 
975NY(d) for Catastrophic Errors. Nothing in Rule 953.1NY(c) prevents 
electronic transactions in options that overlay an NMS Stock that occur 
during a Limit State or a Straddle State from being reviewed on 
Exchange motion pursuant to 975NY(b)(3).
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    \3\ See Securities Exchange Act Release No. 67091 (May 31, 
2012), 77 FR 33498 (June 6, 2012) (File No. 4-631) (Order Approving, 
on a Pilot Basis, the Plan). The Plan is designed to prevent trades 
in individual NMS Stocks from occurring outside of specified Price 
Bands, which are described in more detail in the Plan.
    \4\ See Securities and Exchange Act Release No. 69339 (April 8, 
2013), 78 FR 22011 (April 12, 2013) (SR-NYSEMKT-2013-10) (``Approval 
Order'').
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    The Plan has been amended several times since inception and was not 
implemented until February 24, 2014. The Participants to the Plan 
recently filed to extend the Plan's pilot period until October 23, 2015 
(the ``Eighth Amendment'').\5\ The purpose of this proposed extension 
is to provide time for the Participants to prepare a supplemental 
assessment and recommendation regarding the Plan and for the public to 
comment on such assessment for the purpose of determining whether there 
should be any modifications to the Plan.
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    \5\ See Securities Exchange Act Release No. 74110 (January 21, 
2015), 80 FR 4321 (January 27, 2015) (File No. 4-631) (notice of 
proposed Eighth Amendment to the Plan).
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    In order to align the pilot period for Rule 953.1NY(c) with the 
proposed pilot period for the Plan, the Exchange similarly proposes to 
extend the pilot period until October 23, 2015. The Exchange believes 
the benefits afforded to market participants under Rule 953.1NY(c) 
should continue on a pilot basis during the same period as the Plan 
pilot. The Exchange continues to believe that adding certainty to the 
execution of orders in Limit or Straddle States would encourage market 
participants to continue to provide liquidity to the Exchange, and 
thus, promote a fair and orderly market during those periods. Thus, the 
Exchange believes that the protections of current Rule 953.1NY(c) 
should continue while the industry gains further experience operating 
the Plan. In addition, the Exchange believes that extending the pilot 
period for Rule 953.1NY(c) would allow the Exchange to continue to 
collect and evaluate data, as well as to conduct further data analyses, 
related to this provision.
    Specifically, in connection with the adoption of Rule 953.1NY(c), 
the Exchange committed to review the operation of this provision and to 
analyze the impact of Limit and Straddle States accordingly.\6\ The 
Exchange agreed to and has been providing to the Commission and the 
public data for each Straddle State and Limit State in NMS Stocks 
underlying options traded on the Exchange beginning in April 2013, 
limited to those option classes that have at least one (1) trade on the 
Exchange during a Straddle State or Limit State.\7\ For each of those 
option classes affected, each data record contains the following 
information:
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    \6\ Specifically, the Exchange committed to: ``(1) Evaluate the 
options market quality during Limit States and Straddle States; (2) 
assess the character of incoming order flow and transactions during 
Limit States and Straddle States; and (3) review any complaints from 
members and their customers concerning executions during Limit 
States and Straddle States.'' See Approval Order, 78 FR at 22015.
    \7\ See Securities Exchange Act Release No. 71870 (April 4, 
2014), 79 FR 19692 (April 9, 2014) (SR-NYSEMKT-2014-31).
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     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:
     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). 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 has committed to provide to the 
Commission by May 29, 2015 assessments relating to the impact of the 
operation of the Obvious Error rules during Limit and Straddle States 
as follows: (1) Evaluate the statistical and economic impact of Limit 
and Straddle States on liquidity and market quality in the options 
markets; and (2) Assess whether the lack of Obvious Error rules in 
effect during the Straddle and Limit States are problematic. The 
Exchange notes that, to date, there have not been any requests for 
review of Obvious Error of options trades that occur during a Limit or 
Straddle State in the underlying security.
    The Exchange believes that the extension of the pilot period of 
Rule 953.1NY(c) would allow the Exchange to continue to observe the 
operation of the pilot and conduct its assessments relating to the 
impact of the operation of the Rule during Limit and Straddle States, 
which information will continue to be shared with the Commission and 
the public as set forth above.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with 
Section 6(b) of the Act \8\ in general, and furthers the objectives of 
Section 6(b)(5),\9\ in particular, in that 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.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f (b).
    \9\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    Specifically, the proposal to extend the pilot program of Rule 
953.1NY(c) until October 23, 2015 would align that pilot program with 
the Pilot Period for the Plan, as proposed in the Eighth Amendment to 
the Plan. The Exchange

[[Page 10200]]

believes that aligning the pilot periods would ensure that trading in 
options that overlay NMS Stocks continues to be appropriately modified 
to reflect market conditions that occur during a Limit State or a 
Straddle State in a manner that promotes just and equitable principles 
of trade and removes impediments to, and perfects the mechanism of, a 
free and open market and a national market system. The Exchange 
believes that the extension of Rule 953.1NY(c) would help encourage 
market participants to continue to provide liquidity during 
extraordinary market volatility.
    Moreover, the Exchange believes that extending the pilot period for 
Rule 953.1NY(c) would remove impediments to, and perfect the mechanisms 
of, a free and open market because it would enable the Exchange to 
continue to continue to conduct its assessments relating to the impact 
of the operation of the Obvious Error rules during Limit and Straddle 
States as set forth above, which, in turn, provides the Exchange with 
more information from which to assess the impact of Rule 953.1NY(c).

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. The proposed changes will 
not impose any burden on competition and will instead provide certainty 
regarding the treatment and execution of options orders, specifically 
the treatment of Obvious and Catastrophic Errors during periods of 
extraordinary volatility in the underlying NMS Stock, and will 
facilitate appropriate liquidity during a Limit State or Straddle 
State.

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

    No written comments were solicited or received with respect to the 
proposed rule change.

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 \10\ and Rule 19b-
4(f)(6)(iii) thereunder.\11\
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    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 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 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.\12\
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    \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).
---------------------------------------------------------------------------

    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 [email protected]. Please include 
File Number SR-NYSEMKT-2015-10 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-NYSEMKT-2015-10. 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-NYSEMKT-2015-10, and should 
be submitted on or before March 18, 2015.

    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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Brent J. Fields,
Secretary.
[FR Doc. 2015-03817 Filed 2-24-15; 8:45 am]
BILLING CODE 8011-01-P



                                                    10198                      Federal Register / Vol. 80, No. 37 / Wednesday, February 25, 2015 / Notices

                                                    C. Self-Regulatory Organization’s                       IV. Solicitation of Comments                            For the Commission, by the Division of
                                                    Statement on Comments on the                                                                                  Trading and Markets, pursuant to delegated
                                                    Proposed Rule Change Received From                        Interested persons are invited to                   authority.10
                                                    Members, Participants, or Others                        submit written data, views, and                       Brent J. Fields,
                                                                                                            arguments concerning the foregoing,                   Secretary.
                                                      Written comments were neither
                                                    solicited nor received.                                 including whether the proposed rule                   [FR Doc. 2015–03815 Filed 2–24–15; 8:45 am]
                                                                                                            change is consistent with the Act.                    BILLING CODE 8011–01–P
                                                    III. Date of Effectiveness of the                       Comments may be submitted by any of
                                                    Proposed Rule Change and Timing for                     the following methods:
                                                    Commission Action                                                                                             SECURITIES AND EXCHANGE
                                                                                                            Electronic Comments                                   COMMISSION
                                                       Because the proposed rule change
                                                    does not (i) significantly affect the                     • Use the Commission’s Internet                     [Release No. 34–74309; File No. SR–
                                                    protection of investors or the public                   comment form (http://www.sec.gov/                     NYSEMKT–2015–10]
                                                    interest; (ii) impose any significant                   rules/sro.shtml); or
                                                    burden on competition; and (iii) become                                                                       Self-Regulatory Organizations; NYSE
                                                    operative for 30 days from the date on                    • Send an email to rule-comments@                   MKT LLC; Notice of Filing and
                                                    which it was filed, or such shorter time                sec.gov. Please include File Number SR–               Immediate Effectiveness of Proposed
                                                    as the Commission may designate if                      MIAX–2015–11 on the subject line.                     Rule Change Extending the Pilot
                                                    consistent with the protection of                       Paper Comments                                        Period Applicable to Rule 953.1NY(c),
                                                    investors and the public interest, the                                                                        Obvious and Catastrophic Errors, Until
                                                    proposed rule change has become                           • Send paper comments in triplicate                 October 23, 2015
                                                    effective pursuant to Section 19(b)(3)(A)               to Brent J. Fields, Secretary, Securities
                                                    of the Act 7 and Rule 19b–4(f)(6)(iii)                                                                        February 19, 2015.
                                                                                                            and Exchange Commission, 100 F Street
                                                    thereunder.8                                            NE., Washington, DC 20549–1090.                          Pursuant to Section 19(b)(1) of the
                                                       The Exchange has asked the                                                                                 Securities Exchange Act of 1934 (the
                                                    Commission to waive the 30-day                          All submissions should refer to File                  ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                    operative delay so that the proposal may                Number SR–MIAX–2015–11. This file                     notice is hereby given that on February
                                                    become operative immediately upon                       number should be included on the                      18, 2015, NYSE MKT LLC (the
                                                    filing. The Commission believes that                    subject line if email is used. To help the            ‘‘Exchange’’ or ‘‘NYSE MKT’’) filed with
                                                    waiving the 30-day operative delay is                   Commission process and review your                    the Securities and Exchange
                                                    consistent with the protection of                       comments more efficiently, please use                 Commission (‘‘Commission’’) the
                                                    investors and the public interest, as it                only one method. The Commission will                  proposed rule change as described in
                                                    will allow the obvious error pilot                      post all comments on the Commission’s                 Items I and II below, which Items have
                                                    program to continue uninterrupted                       Internet Web site (http://www.sec.gov/                been prepared by the self-regulatory
                                                    while the industry gains further                        rules/sro.shtml). Copies of the                       organization. The Commission is
                                                    experience operating under the Plan to                  submission, all subsequent                            publishing this notice to solicit
                                                    Address Extraordinary Market                            amendments, all written statements                    comments on the proposed rule change
                                                    Volatility, and avoid any investor                      with respect to the proposed rule                     from interested persons.
                                                    confusion that could result from a
                                                                                                            change that are filed with the                        I. Self-Regulatory Organization’s
                                                    temporary interruption in the pilot
                                                                                                            Commission, and all written                           Statement of the Terms of the Substance
                                                    program. For this reason, the
                                                                                                            communications relating to the                        of the Proposed Rule Change
                                                    Commission designates the proposed
                                                    rule change to be operative upon filing.9               proposed rule change between the                        The Exchange proposes to extend the
                                                       At any time within 60 days of the                    Commission and any person, other than                 pilot period applicable to Rule
                                                    filing of the proposed rule change, the                 those that may be withheld from the                   953.1NY(c), which addresses how the
                                                    Commission summarily may                                public in accordance with the                         Exchange treats Obvious and
                                                    temporarily suspend such rule change if                 provisions of 5 U.S.C. 552, will be                   Catastrophic Errors during periods of
                                                    it appears to the Commission that such                  available for Web site viewing and                    extreme market volatility, until October
                                                    action is necessary or appropriate in the               printing in the Commission’s Public                   23, 2015. The pilot period is currently
                                                    public interest, for the protection of                  Reference Room, 100 F Street NE.,                     set to expire on February 20, 2015. The
                                                    investors, or otherwise in furtherance of               Washington, DC 20549 on official                      text of the proposed rule change is
                                                    the purposes of the Act. If the                         business days between the hours of                    available on the Exchange’s Web site at
                                                    Commission takes such action, the                       10:00 a.m. and 3:00 p.m. Copies of such               www.nyse.com, at the principal office of
                                                    Commission shall institute proceedings                  filing also will be available for                     the Exchange, and at the Commission’s
                                                    to determine whether the proposed rule                  inspection and copying at the principal               Public Reference Room.
                                                    should be approved or disapproved.                      office of the Exchange. All comments                  II. Self-Regulatory Organization’s
                                                                                                            received will be posted without change;               Statement of the Purpose of, and
                                                      7 15  U.S.C. 78s(b)(3)(A).
                                                      8 17
                                                                                                            the Commission does not edit personal                 Statutory Basis for, the Proposed Rule
                                                            CFR 240.19b–4(f)(6)(iii). As required under
                                                    Rule 19b–4(f)(6)(iii), the Exchange provided the        identifying information from                          Change
                                                    Commission with written notice of its intent to file    submissions. You should submit only
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    the proposed rule change, along with a brief
                                                                                                                                                                    In its filing with the Commission, the
                                                                                                            information that you wish to make                     self-regulatory organization included
                                                    description and the text of the proposed rule
                                                    change, at least five business days prior to the date
                                                                                                            available publicly. All submissions                   statements concerning the purpose of,
                                                    of filing of the proposed rule change, or such          should refer to File Number SR–MIAX–                  and basis for, the proposed rule change
                                                    shorter time as designated by the Commission.           2015–11, and should be submitted on or                and discussed any comments it received
                                                       9 For purposes only of waiving the 30-day
                                                                                                            before March 18, 2015.
                                                    operative delay, the Commission has also
                                                                                                                                                                    10 17 CFR 200.30–3(a)(12).
                                                    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).                                                                                               2 17 CFR 240.19b–4.




                                               VerDate Sep<11>2014   18:05 Feb 24, 2015   Jkt 235001   PO 00000   Frm 00155   Fmt 4703   Sfmt 4703   E:\FR\FM\25FEN1.SGM    25FEN1


                                                                              Federal Register / Vol. 80, No. 37 / Wednesday, February 25, 2015 / Notices                                            10199

                                                    on the proposed rule change. The text                   assessment for the purpose of                             • high execution price, low execution
                                                    of those statements may be examined at                  determining whether there should be                    price;
                                                    the places specified in Item IV below.                  any modifications to the Plan.                            • number of trades for which a
                                                    The Exchange has prepared summaries,                       In order to align the pilot period for              request for review for error was received
                                                    set forth in sections A, B, and C below,                Rule 953.1NY(c) with the proposed pilot                during Straddle and Limit States;
                                                    of the most significant parts of such                   period for the Plan, the Exchange                         • an indicator variable for whether
                                                    statements.                                             similarly proposes to extend the pilot                 those options outlined above have a
                                                                                                            period until October 23, 2015. The                     price change exceeding 30% during the
                                                    A. Self-Regulatory Organization’s                                                                              underlying stock’s Limit or Straddle
                                                    Statement of the Purpose of, and                        Exchange believes the benefits afforded
                                                                                                            to market participants under Rule                      state compared to the last available
                                                    Statutory Basis for, the Proposed Rule                                                                         option price as reported by OPRA before
                                                    Change                                                  953.1NY(c) should continue on a pilot
                                                                                                            basis during the same period as the Plan               the start of the Limit or Straddle State
                                                    1. Purpose                                              pilot. The Exchange continues to believe               (1 if observe 30% and 0 otherwise).
                                                       The Exchange proposes to extend the                  that adding certainty to the execution of              Another indicator variable for whether
                                                    pilot period applicable to Rule                         orders in Limit or Straddle States would               the option price within five minutes of
                                                    953.1NY(c), which addresses how the                     encourage market participants to                       the underlying stock leaving the Limit
                                                    Exchange treats Obvious and                             continue to provide liquidity to the                   or Straddle state (or halt if applicable)
                                                    Catastrophic Errors during periods of                   Exchange, and thus, promote a fair and                 is 30% away from the price before the
                                                    extreme market volatility, until October                orderly market during those periods.                   start of the Limit or Straddle state.
                                                    23, 2015. The pilot period is currently                 Thus, the Exchange believes that the                      In addition, the Exchange has
                                                    set to expire on February 20, 2015.                     protections of current Rule 953.1NY(c)                 committed to provide to the
                                                       In April 2013, in connection with the                should continue while the industry                     Commission by May 29, 2015
                                                    Plan to Address Extraordinary Market                    gains further experience operating the                 assessments relating to the impact of the
                                                    Volatility Pursuant to Rule 608 of                      Plan. In addition, the Exchange believes               operation of the Obvious Error rules
                                                    Regulation NMS (the ‘‘Plan’’),3 the                     that extending the pilot period for Rule               during Limit and Straddle States as
                                                    Exchange adopted Rule 953.1NY(c) to                     953.1NY(c) would allow the Exchange                    follows: (1) Evaluate the statistical and
                                                    provide that options executions would                   to continue to collect and evaluate data,              economic impact of Limit and Straddle
                                                    not be adjusted or nullified if the                     as well as to conduct further data                     States on liquidity and market quality in
                                                    execution occurs during periods of                      analyses, related to this provision.                   the options markets; and (2) Assess
                                                    extreme market volatility.4 Specifically,                  Specifically, in connection with the                whether the lack of Obvious Error rules
                                                    Rule 953.1NY(c) provides that, during                   adoption of Rule 953.1NY(c), the                       in effect during the Straddle and Limit
                                                    the pilot period, electronic transactions               Exchange committed to review the                       States are problematic. The Exchange
                                                    in options that overlay an NMS Stock                    operation of this provision and to                     notes that, to date, there have not been
                                                    that occur during a Limit State or a                    analyze the impact of Limit and                        any requests for review of Obvious Error
                                                    Straddle State (as defined by the Plan)                 Straddle States accordingly.6 The                      of options trades that occur during a
                                                    are not subject to review under Rule                    Exchange agreed to and has been                        Limit or Straddle State in the
                                                    975NY(a) for Obvious Errors or Rule                     providing to the Commission and the                    underlying security.
                                                    975NY(d) for Catastrophic Errors.                                                                                 The Exchange believes that the
                                                                                                            public data for each Straddle State and
                                                    Nothing in Rule 953.1NY(c) prevents                                                                            extension of the pilot period of Rule
                                                                                                            Limit State in NMS Stocks underlying
                                                    electronic transactions in options that                                                                        953.1NY(c) would allow the Exchange
                                                                                                            options traded on the Exchange
                                                    overlay an NMS Stock that occur during                                                                         to continue to observe the operation of
                                                                                                            beginning in April 2013, limited to
                                                    a Limit State or a Straddle State from                                                                         the pilot and conduct its assessments
                                                                                                            those option classes that have at least
                                                    being reviewed on Exchange motion                                                                              relating to the impact of the operation
                                                                                                            one (1) trade on the Exchange during a
                                                    pursuant to 975NY(b)(3).                                                                                       of the Rule during Limit and Straddle
                                                                                                            Straddle State or Limit State.7 For each
                                                       The Plan has been amended several                                                                           States, which information will continue
                                                                                                            of those option classes affected, each
                                                    times since inception and was not                                                                              to be shared with the Commission and
                                                                                                            data record contains the following
                                                    implemented until February 24, 2014.                                                                           the public as set forth above.
                                                                                                            information:
                                                    The Participants to the Plan recently                      • Stock symbol, option symbol, time                 2. Statutory Basis
                                                    filed to extend the Plan’s pilot period                 at the start of the Straddle or Limit
                                                    until October 23, 2015 (the ‘‘Eighth                                                                              The Exchange believes the proposed
                                                                                                            State, an indicator for whether it is a                rule change is consistent with Section
                                                    Amendment’’).5 The purpose of this                      Straddle or Limit State.
                                                    proposed extension is to provide time                                                                          6(b) of the Act 8 in general, and furthers
                                                                                                               • For activity on the Exchange:                     the objectives of Section 6(b)(5),9 in
                                                    for the Participants to prepare a
                                                    supplemental assessment and                                • executed volume, time-weighted                    particular, in that it is designed to
                                                    recommendation regarding the Plan and                   quoted bid-ask spread, time-weighted                   promote just and equitable principles of
                                                    for the public to comment on such                       average quoted depth at the bid, time-                 trade, remove impediments to and
                                                                                                            weighted average quoted depth at the                   perfect the mechanisms of, a free and
                                                       3 See Securities Exchange Act Release No. 67091      offer;                                                 open market and a national market
                                                    (May 31, 2012), 77 FR 33498 (June 6, 2012) (File                                                               system and, in general, to protect
                                                    No. 4–631) (Order Approving, on a Pilot Basis, the        6 Specifically, the Exchange committed to: ‘‘(1)
                                                                                                                                                                   investors and the public interest.
                                                    Plan). The Plan is designed to prevent trades in        Evaluate the options market quality during Limit
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                                                    individual NMS Stocks from occurring outside of
                                                                                                                                                                      Specifically, the proposal to extend
                                                                                                            States and Straddle States; (2) assess the character
                                                    specified Price Bands, which are described in more      of incoming order flow and transactions during         the pilot program of Rule 953.1NY(c)
                                                    detail in the Plan.                                     Limit States and Straddle States; and (3) review any   until October 23, 2015 would align that
                                                       4 See Securities and Exchange Act Release No.        complaints from members and their customers            pilot program with the Pilot Period for
                                                    69339 (April 8, 2013), 78 FR 22011 (April 12, 2013)     concerning executions during Limit States and          the Plan, as proposed in the Eighth
                                                    (SR–NYSEMKT–2013–10) (‘‘Approval Order’’).              Straddle States.’’ See Approval Order, 78 FR at
                                                       5 See Securities Exchange Act Release No. 74110      22015.                                                 Amendment to the Plan. The Exchange
                                                    (January 21, 2015), 80 FR 4321 (January 27, 2015)         7 See Securities Exchange Act Release No. 71870
                                                                                                                                                                    8 15   U.S.C. 78f (b).
                                                    (File No. 4–631) (notice of proposed Eighth             (April 4, 2014), 79 FR 19692 (April 9, 2014) (SR–
                                                    Amendment to the Plan).                                 NYSEMKT–2014–31).                                       9 15   U.S.C. 78f(b)(5).



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                                                    10200                     Federal Register / Vol. 80, No. 37 / Wednesday, February 25, 2015 / Notices

                                                    believes that aligning the pilot periods                proposed rule change has become                         and Exchange Commission, 100 F Street
                                                    would ensure that trading in options                    effective pursuant to Section 19(b)(3)(A)               NE., Washington, DC 20549–1090.
                                                    that overlay NMS Stocks continues to be                 of the Act 10 and Rule 19b–4(f)(6)(iii)                 All submissions should refer to File
                                                    appropriately modified to reflect market                thereunder.11                                           Number SR–NYSEMKT–2015–10. This
                                                    conditions that occur during a Limit                       The Exchange has asked the                           file number should be included on the
                                                    State or a Straddle State in a manner                   Commission to waive the 30-day                          subject line if email is used. To help the
                                                    that promotes just and equitable                        operative delay so that the proposal may                Commission process and review your
                                                    principles of trade and removes                         become operative immediately upon                       comments more efficiently, please use
                                                    impediments to, and perfects the                        filing. The Commission believes that                    only one method. The Commission will
                                                    mechanism of, a free and open market                    waiving the 30-day operative delay is                   post all comments on the Commission’s
                                                    and a national market system. The                       consistent with the protection of                       Internet Web site (http://www.sec.gov/
                                                    Exchange believes that the extension of                 investors and the public interest, as it                rules/sro.shtml). Copies of the
                                                    Rule 953.1NY(c) would help encourage                    will allow the obvious error pilot                      submission, all subsequent
                                                    market participants to continue to                      program to continue uninterrupted                       amendments, all written statements
                                                    provide liquidity during extraordinary                  while the industry gains further                        with respect to the proposed rule
                                                    market volatility.                                      experience operating under the Plan,                    change that are filed with the
                                                      Moreover, the Exchange believes that                  and avoid any investor confusion that                   Commission, and all written
                                                    extending the pilot period for Rule                     could result from a temporary                           communications relating to the
                                                    953.1NY(c) would remove impediments                     interruption in the pilot program. For                  proposed rule change between the
                                                    to, and perfect the mechanisms of, a free               this reason, the Commission designates                  Commission and any person, other than
                                                    and open market because it would                        the proposed rule change to be operative                those that may be withheld from the
                                                    enable the Exchange to continue to                      upon filing.12                                          public in accordance with the
                                                    continue to conduct its assessments                        At any time within 60 days of the
                                                                                                                                                                    provisions of 5 U.S.C. 552, will be
                                                    relating to the impact of the operation                 filing of the proposed rule change, the
                                                                                                                                                                    available for Web site viewing and
                                                    of the Obvious Error rules during Limit                 Commission summarily may
                                                                                                                                                                    printing in the Commission’s Public
                                                    and Straddle States as set forth above,                 temporarily suspend such rule change if
                                                                                                                                                                    Reference Room, 100 F Street NE.,
                                                    which, in turn, provides the Exchange                   it appears to the Commission that such
                                                                                                                                                                    Washington, DC 20549 on official
                                                    with more information from which to                     action is necessary or appropriate in the
                                                                                                                                                                    business days between the hours of
                                                    assess the impact of Rule 953.1NY(c).                   public interest, for the protection of
                                                                                                                                                                    10:00 a.m. and 3:00 p.m. Copies of such
                                                                                                            investors, or otherwise in furtherance of
                                                    B. Self-Regulatory Organization’s                       the purposes of the Act. If the                         filing also will be available for
                                                    Statement on Burden on Competition                      Commission takes such action, the                       inspection and copying at the principal
                                                                                                            Commission shall institute proceedings                  office of the Exchange. All comments
                                                       The Exchange does not believe that
                                                                                                            to determine whether the proposed rule                  received will be posted without change;
                                                    the proposed rule change will impose
                                                                                                            should be approved or disapproved.                      the Commission does not edit personal
                                                    any burden on competition that is not
                                                                                                                                                                    identifying information from
                                                    necessary or appropriate in furtherance                 IV. Solicitation of Comments                            submissions. You should submit only
                                                    of the purposes of the Act. The
                                                                                                              Interested persons are invited to                     information that you wish to make
                                                    proposed changes will not impose any
                                                                                                            submit written data, views, and                         available publicly. All submissions
                                                    burden on competition and will instead
                                                                                                            arguments concerning the foregoing,                     should refer to File Number SR–
                                                    provide certainty regarding the
                                                                                                            including whether the proposed rule                     NYSEMKT–2015–10, and should be
                                                    treatment and execution of options
                                                                                                            change is consistent with the Act.                      submitted on or before March 18, 2015.
                                                    orders, specifically the treatment of
                                                    Obvious and Catastrophic Errors during                  Comments may be submitted by any of                       For the Commission, by the Division of
                                                    periods of extraordinary volatility in the              the following methods:                                  Trading and Markets, pursuant to delegated
                                                                                                                                                                    authority.13
                                                    underlying NMS Stock, and will                          Electronic Comments
                                                    facilitate appropriate liquidity during a                                                                       Brent J. Fields,
                                                                                                              • Use the Commission’s Internet                       Secretary.
                                                    Limit State or Straddle State.
                                                                                                            comment form (http://www.sec.gov/                       [FR Doc. 2015–03817 Filed 2–24–15; 8:45 am]
                                                    C. Self-Regulatory Organization’s                       rules/sro.shtml); or
                                                    Statement on Comments on the                              • Send an email to rule-                              BILLING CODE 8011–01–P

                                                    Proposed Rule Change Received From                      comments@sec.gov. Please include File
                                                    Members, Participants, or Others                        Number SR–NYSEMKT–2015–10 on the                        SECURITIES AND EXCHANGE
                                                                                                            subject line.
                                                      No written comments were solicited                                                                            COMMISSION
                                                    or received with respect to the proposed                Paper Comments                                          [File No. 500–1]
                                                    rule change.                                              • Send paper comments in triplicate
                                                    III. Date of Effectiveness of the                       to Brent J. Fields, Secretary, Securities               In the Matter of Calypte Biomedical
                                                    Proposed Rule Change and Timing for                                                                             Corporation, EC Development, Inc.,
                                                    Commission Action                                         10 15  U.S.C. 78s(b)(3)(A).                           and Information Architects
                                                                                                              11 17  CFR 240.19b–4(f)(6)(iii). As required under    Corporation (n/k/a Dakota Creative
                                                       Because the proposed rule change                     Rule 19b–4(f)(6)(iii), the Exchange provided the        Group Corporation); Order of
                                                    does not (i) significantly affect the                   Commission with written notice of its intent to file
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                            the proposed rule change, along with a brief            Suspension of Trading
                                                    protection of investors or the public
                                                                                                            description and the text of the proposed rule
                                                    interest; (ii) impose any significant                   change, at least five business days prior to the date   February 20, 2015.
                                                    burden on competition; and (iii) become                 of filing of the proposed rule change, or such            It appears to the Securities and
                                                    operative for 30 days from the date on                  shorter time as designated by the Commission.           Exchange Commission that there is a
                                                                                                               12 For purposes only of waiving the 30-day
                                                    which it was filed, or such shorter time                                                                        lack of current and accurate information
                                                                                                            operative delay, the Commission has also
                                                    as the Commission may designate if                      considered the proposed rule’s impact on                concerning the securities of Calypte
                                                    consistent with the protection of                       efficiency, competition, and capital formation. See
                                                    investors and the public interest, the                  15 U.S.C. 78c(f).                                         13 17   CFR 200.30–3(a)(12).



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Document Created: 2015-12-18 13:08:40
Document Modified: 2015-12-18 13:08:40
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 10198 

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