80_FR_10564 80 FR 10526 - Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the BX Options Rules To Extend the Pilot Program Under Chapter V, Section 3(d)(iv)

80 FR 10526 - Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the BX Options Rules To Extend the Pilot Program Under Chapter V, Section 3(d)(iv)

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 38 (February 26, 2015)

Page Range10526-10528
FR Document2015-03957

Federal Register, Volume 80 Issue 38 (Thursday, February 26, 2015)
[Federal Register Volume 80, Number 38 (Thursday, February 26, 2015)]
[Notices]
[Pages 10526-10528]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-03957]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74334; File No. SR-BX-2015-012]


Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of 
Filing and Immediate Effectiveness of Proposed Rule Change To Amend the 
BX Options Rules To Extend the Pilot Program Under Chapter V, Section 
3(d)(iv)

February 20, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on February 19, 2015, NASDAQ OMX BX, Inc. (``BX'' or ``Exchange'') 
filed with the Securities and Exchange Commission (``SEC'' or 
``Commission'') the proposed rule change as described in Items I and II 
below, which Items have been prepared by the Exchange. The Commission 
is publishing this notice to solicit comments on the proposed rule 
change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the 
Substance of the Proposed Rule Change

    The Exchange proposes to amend the BX Options Rules to extend the 
pilot program under Chapter V, Section 3(d)(iv), which provides for how 
the Exchange treats obvious and catastrophic options errors in response 
to the Plan to Address Extraordinary Market Volatility Pursuant to Rule 
608 of Regulation NMS under the Act (the ``Limit Up-Limit Down Plan'' 
or the ``Plan'').\3\ The Exchange proposes to extend the pilot period 
until October 23, 2015.
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    \3\ Securities Exchange Act Release Nos. 69140 (March 15, 2013), 
78 FR 17255 (March 20, 2013); and 69343 (April 8, 2013), 78 FR 21982 
(April 2, 2013) (SR-BX-2013-026).
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    The text of the proposed rule change is available on the Exchange's 
Web site at http://nasdaqomxbx.cchwallstreet.com/, at the principal 
office of the Exchange, and at the Commission's Public Reference Room.] 
[sic]

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

    In its filing with the Commission, the Exchange included statements 
concerning the purpose of and basis for the proposed rule change and 
discussed any comments it received on the proposed rule change. The 
text of these statements may be examined at the places specified in 
Item IV below. The Exchange has prepared summaries, set forth in 
sections A, B, and C below, of the most significant aspects of such 
statements.

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

1. Purpose
    In April 2013,\4\ the Commission approved a proposal, on a one year 
pilot basis, to adopt Chapter V, Section 3(d)(iv) to provide for how 
the Exchange will treat obvious and catastrophic options errors in 
response to the Plan, which is applicable to all NMS stocks, as defined 
in Regulation NMS Rule 600(b)(47).\5\ The Plan is designed to prevent 
trades in individual NMS stocks from occurring outside of specified 
Price Bands.\6\ The requirements of the Plan are coupled with Trading 
Pauses to accommodate more fundamental price moves (as opposed to 
erroneous trades or momentary gaps in liquidity).
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    \4\ Securities Exchange Act Release No. 69343 (April 8, 2013), 
78 FR 21982 (April 12, 2013) (SR-BX-2013-026).
    \5\ The Plan was extended until February 20, 2015. The Plan was 
initially approved for a one-year pilot period, which began on April 
8, 2013. Securities Exchange Act Release No. 71649 (March 5, 2014), 
79 FR 13696 (March 11, 2014).
    \6\ Unless otherwise specified, capitalized terms used in this 
rule filing are based on the defined terms of the Plan.
---------------------------------------------------------------------------

    The Exchange extended the operation of Chapter V, Section 3(d)(iv), 
which provides that trades are not subject to an obvious error or 
catastrophic error review pursuant to Chapter V, Sections 6(b) or 6(f) 
during a Limit State or Straddle State in 2014.\7\ The Exchange now 
proposes to extend the pilot program for an additional pilot period 
ending October 23, 2015. The Exchange believes conducting an obvious 
error or catastrophic error review is impracticable given the lack of a 
reliable National Best Bid/Offer (``NBBO'') in the

[[Page 10527]]

options market during Limit States and Straddle States, and that the 
resulting actions (i.e., nullified trades or adjusted prices) may not 
be appropriate given market conditions. Under the pilot, limit orders 
that are filled during a Limit State or Straddle State have certainty 
of execution 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. Moreover, given that 
options prices during brief Limit States or Straddle States may deviate 
substantially from those available shortly following the Limit State or 
Straddle State, the Exchange believes giving market participants time 
to re-evaluate a transaction would create an unreasonable adverse 
selection opportunity that would discourage participants from providing 
liquidity during Limit States or Straddle States. On balance, the 
Exchange believes that removing the potential inequity of nullifying or 
adjusting executions occurring during Limit States or Straddle States 
outweighs any potential benefits from applying those provisions during 
such unusual market conditions.
---------------------------------------------------------------------------

    \7\ Securities Exchange Act Release No. 71900 (April 8, 2014), 
79 FR 20951 (April 14, 2014) (SR-BX-2014-017).
---------------------------------------------------------------------------

    The Exchange believes the benefits to market participants from the 
pilot program should continue on a pilot basis to coincide with the 
operation of the Limit Up-Limit Down Plan. The Exchange believes that 
continuing the pilot will protect against any unanticipated 
consequences and permit the industry to gain further experience 
operating the Plan.
    The Exchange will conduct an analysis concerning the elimination of 
obvious and catastrophic error provisions during Limit States and 
Straddle States and agrees to provide the Commission with relevant data 
to assess the impact of this proposed rule change. As part of its 
analysis, the Exchange will: (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. 
Additionally, the Exchange agrees to provide to the Commission data 
requested to evaluate the impact of the elimination of the obvious and 
catastrophic error provisions, including data relevant to assessing the 
various analyses noted above. By May 29, 2015, the Exchange shall 
provide to the Commission and the public assessments relating to the 
impact of the operation of the obvious error rules during Limit and 
Straddle States as follows: \8\
---------------------------------------------------------------------------

    \8\ The Exchange submitted a pilot report on September 30, 2014.
---------------------------------------------------------------------------

    1. Evaluate the statistical and economic impact of Limit and 
Straddle States on liquidity and market quality in the options markets.
    2. Assess whether the lack of obvious error rules in effect during 
the Straddle and Limit States are problematic.
    Each month the Exchange shall provide to the Commission and the 
public a dataset containing the data for each Straddle and Limit State 
in optionable stocks that had at least one trade on the Exchange during 
a Straddle or Limit State. For each of those options affected, each 
data record should contain the following information:
     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.\9\
---------------------------------------------------------------------------

    \9\ The Exchange agreed to provide similar data in the original 
proposal. See Securities Exchange Act Release No. 69343 (April 8, 
2013), 78 FR 21982 (April 12, 2013) (SR-BX-2013-026) at notes 4 and 
11. However, that data included two additional filters pertaining to 
the top 10 options and an in-the-money amount, which no longer 
apply. The Exchange provided historical data in the new form 
pursuant to this proposed rule change, going back to the beginning 
of the original pilot period.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with 
the provisions of Section 6 of the Act,\10\ in general, and with 
Section 6(b)(5) of the Act,\11\ in particular, which requires that the 
rules of an exchange be designed to promote just and equitable 
principles of trade, remove impediments to and perfect the mechanism of 
a free and open market and a national market system, and protect 
investors and the public interest, because it should continue to 
provide certainty about how errors involving options orders and trades 
will be handled during periods of extraordinary volatility in the 
underlying security. 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 certain aspects of Chapter V, Section 6.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f.
    \11\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    Although the Limit Up-Limit Down Plan is operational, the Exchange 
believes that maintaining the pilot will help the industry gain further 
experience operating the Plan as well as the pilot provisions.
    Based on the foregoing, the Exchange believes the benefits to 
market participants should continue on a pilot basis to coincide with 
the operation of the Limit Up-Limit Down Plan.

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

    The Exchange does not believe that the proposed rule change will 
result in any burden on competition that is not necessary or 
appropriate in furtherance of the purposes of the Act, as amended. 
Specifically, the proposal does not impose an intra-market burden on 
competition, because it will apply to all members. Nor will the 
proposal impose a burden on competition among the options exchanges, 
because, in addition to the vigorous competition for order flow among 
the options exchanges, the proposal addresses a regulatory situation 
common to all options exchanges. To the extent that market participants 
disagree with the particular approach taken by the Exchange herein, 
market participants can easily and readily direct order flow to 
competing venues. The Exchange believes this proposal will not impose a 
burden on competition and will help provide certainty during periods of 
extraordinary volatility in an NMS stock.

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

    No written comments were either solicited or received.

[[Page 10528]]

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 \12\ and Rule 19b-
4(f)(6)(iii) thereunder.\13\
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    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6)(iii). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written 
notice of its intent to file the proposed rule change, along with a 
brief description and the text of the proposed rule change, at least 
five business days prior to the date of filing of the proposed rule 
change, or such shorter time as designated by the Commission.
---------------------------------------------------------------------------

    The Exchange has asked the Commission to waive the 30-day operative 
delay so that the proposal may become operative immediately upon 
filing. The Commission believes that waiving the 30-day operative delay 
is consistent with the protection of investors and the public interest, 
as it will allow the obvious error pilot program to continue 
uninterrupted while the industry gains further experience operating 
under the Plan, and avoid any investor confusion that could result from 
a temporary interruption in the pilot program. For this reason, the 
Commission designates the proposed rule change to be operative upon 
filing.\14\
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    \14\ 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-BX-2015-012 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities 
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-BX-2015-012. 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-BX-2015-012, and should be 
submitted on or before March 19, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2015-03957 Filed 2-25-15; 8:45 am]
BILLING CODE 8011-01-P



                                               10526                       Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Notices

                                               Conclusion                                              adequacy of the disclosure concerning,                principal office of the Exchange, and at
                                                  It is hereby ordered, pursuant to Rule               and the applicability of other federal or             the Commission’s Public Reference
                                               101(d) of Regulation M, that the Trust,                 state laws to, the proposed transactions.             Room.] [sic]
                                               based on the representations and facts                     For the Commission, by the Division of             II. Self-Regulatory Organization’s
                                               presented in the Letter, is exempt from                 Trading and Markets, pursuant to delegated            Statement of the Purpose of, and
                                               the requirements of Rule 101 with                       authority.6                                           Statutory Basis for, the Proposed Rule
                                               respect to the Funds, thus permitting                   Jill M. Peterson,                                     Change
                                               persons who may be deemed to be                         Assistant Secretary.
                                                                                                                                                                In its filing with the Commission, the
                                               participating in a distribution of Shares               [FR Doc. 2015–03967 Filed 2–25–15; 8:45 am]           Exchange included statements
                                               of the Funds to bid for or purchase such                BILLING CODE 8011–01–P                                concerning the purpose of and basis for
                                               Shares during their participation in                                                                          the proposed rule change and discussed
                                               such distribution.                                                                                            any comments it received on the
                                                  It is further ordered, pursuant to Rule              SECURITIES AND EXCHANGE                               proposed rule change. The text of these
                                               102(e) of Regulation M, that the Trust,                 COMMISSION                                            statements may be examined at the
                                               based on the representations and the                                                                          places specified in Item IV below. The
                                                                                                       [Release No. 34–74334; File No. SR–BX–
                                               facts presented in the Letter, is exempt                                                                      Exchange has prepared summaries, set
                                                                                                       2015–012]
                                               from the requirements of Rule 102 with                                                                        forth in sections A, B, and C below, of
                                               respect to the Funds, thus permitting                   Self-Regulatory Organizations;                        the most significant aspects of such
                                               the Funds to redeem Shares of the                       NASDAQ OMX BX, Inc.; Notice of Filing                 statements.
                                               Funds during the continuous offering of                 and Immediate Effectiveness of
                                               such Shares.                                            Proposed Rule Change To Amend the                     A. Self-Regulatory Organization’s
                                                  It is further ordered, pursuant to Rule              BX Options Rules To Extend the Pilot                  Statement of the Purpose of, and
                                               10b–17(b)(2), that the Trust, based on                  Program Under Chapter V, Section                      Statutory Basis for, the Proposed Rule
                                               the representations and the facts                                                                             Change
                                                                                                       3(d)(iv)
                                               presented in the Letter, subject to the                                                                       1. Purpose
                                               conditions that the Funds will provide                  February 20, 2015.
                                               at least three business days’ notice in                    Pursuant to Section 19(b)(1) of the                   In April 2013,4 the Commission
                                               advance of the related record date for                  Securities Exchange Act of 1934                       approved a proposal, on a one year pilot
                                               Special Distributions and any Exempted                  (‘‘Act’’),1 and Rule 19b–4 thereunder,2               basis, to adopt Chapter V, Section
                                               Accompanying Distribution and that the                  notice is hereby given that on February               3(d)(iv) to provide for how the Exchange
                                               Funds will otherwise comply with Rule                   19, 2015, NASDAQ OMX BX, Inc. (‘‘BX’’                 will treat obvious and catastrophic
                                               10b–17 with regard to any distributions                 or ‘‘Exchange’’) filed with the Securities            options errors in response to the Plan,
                                               except Special Distributions and                        and Exchange Commission (‘‘SEC’’ or                   which is applicable to all NMS stocks,
                                               Exempted Accompanying Distributions                     ‘‘Commission’’) the proposed rule                     as defined in Regulation NMS Rule
                                               as described above and in the Letter, is                change as described in Items I and II                 600(b)(47).5 The Plan is designed to
                                               exempt from the requirements of Rule                    below, which Items have been prepared                 prevent trades in individual NMS stocks
                                                                                                                                                             from occurring outside of specified
                                               10b–17 with respect to Special                          by the Exchange. The Commission is
                                                                                                                                                             Price Bands.6 The requirements of the
                                               Distributions and any Exempted                          publishing this notice to solicit
                                                                                                                                                             Plan are coupled with Trading Pauses to
                                               Accompanying Distribution.                              comments on the proposed rule change
                                                  This exemptive relief is subject to                                                                        accommodate more fundamental price
                                                                                                       from interested persons.
                                               modification or revocation at any time                                                                        moves (as opposed to erroneous trades
                                                                                                       I. Self-Regulatory Organization’s                     or momentary gaps in liquidity).
                                               the Commission determines that such
                                                                                                       Statement of the Terms of the Substance                  The Exchange extended the operation
                                               action is necessary or appropriate in
                                                                                                       of the Proposed Rule Change                           of Chapter V, Section 3(d)(iv), which
                                               furtherance of the purposes of the                                                                            provides that trades are not subject to an
                                               Exchange Act. This exemption is based                      The Exchange proposes to amend the
                                                                                                                                                             obvious error or catastrophic error
                                               on the facts presented and the                          BX Options Rules to extend the pilot
                                                                                                                                                             review pursuant to Chapter V, Sections
                                               representations made in the Letter. Any                 program under Chapter V, Section
                                                                                                                                                             6(b) or 6(f) during a Limit State or
                                               different facts or representations may                  3(d)(iv), which provides for how the
                                                                                                                                                             Straddle State in 2014.7 The Exchange
                                               require a different response. In the event              Exchange treats obvious and                           now proposes to extend the pilot
                                               that any material change occurs in the                  catastrophic options errors in response               program for an additional pilot period
                                               facts or representations in the Letter,                 to the Plan to Address Extraordinary                  ending October 23, 2015. The Exchange
                                               transactions in Shares of the Funds                     Market Volatility Pursuant to Rule 608                believes conducting an obvious error or
                                               must be discontinued, pending                           of Regulation NMS under the Act (the                  catastrophic error review is
                                               presentation of the facts for our                       ‘‘Limit Up-Limit Down Plan’’ or the                   impracticable given the lack of a reliable
                                               consideration. In addition, persons                     ‘‘Plan’’).3 The Exchange proposes to                  National Best Bid/Offer (‘‘NBBO’’) in the
                                               relying on this exemption are directed                  extend the pilot period until October 23,
                                               to the anti-fraud and anti-manipulation                 2015.                                                   4 Securities Exchange Act Release No. 69343
                                               provisions of the Exchange Act,                            The text of the proposed rule                      (April 8, 2013), 78 FR 21982 (April 12, 2013) (SR–
                                               particularly Sections 9(a) and 10(b), and               change is available on the Exchange’s                 BX–2013–026).
                                                                                                                                                               5 The Plan was extended until February 20, 2015.
                                               Rule 10b–5 thereunder. Responsibility                   Web site at http://
                                                                                                                                                             The Plan was initially approved for a one-year pilot
                                               for compliance with these and any other                 nasdaqomxbx.cchwallstreet.com/, at the
rmajette on DSK2VPTVN1PROD with NOTICES




                                                                                                                                                             period, which began on April 8, 2013. Securities
                                               applicable provisions of the federal                                                                          Exchange Act Release No. 71649 (March 5, 2014),
                                               securities laws must rest with the                        6 17 CFR 200.30–3(a)(6) and (9).                    79 FR 13696 (March 11, 2014).
                                                                                                         1 15 U.S.C. 78s(b)(1).
                                               persons relying on this exemption. This                                                                         6 Unless otherwise specified, capitalized terms
                                                                                                         2 17 CFR 240.19b–4.                                 used in this rule filing are based on the defined
                                               order should not be considered a view                     3 Securities Exchange Act Release Nos. 69140        terms of the Plan.
                                               with respect to any other question that                 (March 15, 2013), 78 FR 17255 (March 20, 2013);         7 Securities Exchange Act Release No. 71900
                                               the proposed transactions may raise,                    and 69343 (April 8, 2013), 78 FR 21982 (April 2,      (April 8, 2014), 79 FR 20951 (April 14, 2014) (SR–
                                               including, but not limited to the                       2013) (SR–BX–2013–026).                               BX–2014–017).



                                          VerDate Sep<11>2014   15:27 Feb 25, 2015   Jkt 235001   PO 00000   Frm 00072   Fmt 4703   Sfmt 4703   E:\FR\FM\26FEN1.SGM   26FEN1


                                                                           Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Notices                                         10527

                                               options market during Limit States and                  error rules during Limit and Straddle                 trade, remove impediments to and
                                               Straddle States, and that the resulting                 States as follows: 8                                  perfect the mechanism of a free and
                                               actions (i.e., nullified trades or adjusted                1. Evaluate the statistical and                    open market and a national market
                                               prices) may not be appropriate given                    economic impact of Limit and Straddle                 system, and protect investors and the
                                               market conditions. Under the pilot,                     States on liquidity and market quality in             public interest, because it should
                                               limit orders that are filled during a                   the options markets.                                  continue to provide certainty about how
                                               Limit State or Straddle State have                         2. Assess whether the lack of obvious              errors involving options orders and
                                               certainty of execution in a manner that                 error rules in effect during the Straddle             trades will be handled during periods of
                                               promotes just and equitable principles                  and Limit States are problematic.                     extraordinary volatility in the
                                               of trade, and removes impediments to,                      Each month the Exchange shall
                                                                                                                                                             underlying security. The Exchange
                                               and perfects the mechanism of a free                    provide to the Commission and the
                                                                                                                                                             believes that it continues to be
                                               and open market and a national market                   public a dataset containing the data for
                                                                                                       each Straddle and Limit State in                      necessary and appropriate in the
                                               system. Moreover, given that options
                                                                                                       optionable stocks that had at least one               interest of promoting fair and orderly
                                               prices during brief Limit States or
                                                                                                       trade on the Exchange during a Straddle               markets to exclude transactions
                                               Straddle States may deviate
                                               substantially from those available                      or Limit State. For each of those options             executed during a Limit State or
                                               shortly following the Limit State or                    affected, each data record should                     Straddle State from certain aspects of
                                               Straddle State, the Exchange believes                   contain the following information:                    Chapter V, Section 6.
                                               giving market participants time to re-                     • Stock symbol, option symbol, time                   Although the Limit Up-Limit Down
                                               evaluate a transaction would create an                  at the start of the Straddle or Limit                 Plan is operational, the Exchange
                                               unreasonable adverse selection                          State, an indicator for whether it is a               believes that maintaining the pilot will
                                               opportunity that would discourage                       Straddle or Limit State,                              help the industry gain further
                                               participants from providing liquidity                      • For activity on the Exchange:                    experience operating the Plan as well as
                                               during Limit States or Straddle States.                    • Executed volume, time-weighted                   the pilot provisions.
                                               On balance, the Exchange believes that                  quoted bid-ask spread, time-weighted
                                                                                                       average quoted depth at the bid, time-                   Based on the foregoing, the Exchange
                                               removing the potential inequity of
                                                                                                       weighted average quoted depth at the                  believes the benefits to market
                                               nullifying or adjusting executions
                                               occurring during Limit States or                        offer,                                                participants should continue on a pilot
                                               Straddle States outweighs any potential                    • high execution price, low execution              basis to coincide with the operation of
                                               benefits from applying those provisions                 price,                                                the Limit Up-Limit Down Plan.
                                               during such unusual market conditions.                     • number of trades for which a
                                                                                                                                                             B. Self-Regulatory Organization’s
                                                 The Exchange believes the benefits to                 request for review for error was received
                                                                                                       during Straddle and Limit States,                     Statement on Burden on Competition
                                               market participants from the pilot
                                               program should continue on a pilot                         • an indicator variable for whether                   The Exchange does not believe that
                                               basis to coincide with the operation of                 those options outlined above have a                   the proposed rule change will result in
                                               the Limit Up-Limit Down Plan. The                       price change exceeding 30% during the                 any burden on competition that is not
                                               Exchange believes that continuing the                   underlying stock’s Limit or Straddle                  necessary or appropriate in furtherance
                                               pilot will protect against any                          State compared to the last available
                                                                                                                                                             of the purposes of the Act, as amended.
                                               unanticipated consequences and permit                   option price as reported by OPRA before
                                                                                                                                                             Specifically, the proposal does not
                                               the industry to gain further experience                 the start of the Limit or Straddle State
                                                                                                       (1 if observe 30% and 0 otherwise).                   impose an intra-market burden on
                                               operating the Plan.                                                                                           competition, because it will apply to all
                                                 The Exchange will conduct an                          Another indicator variable for whether
                                                                                                       the option price within five minutes of               members. Nor will the proposal impose
                                               analysis concerning the elimination of                                                                        a burden on competition among the
                                               obvious and catastrophic error                          the underlying stock leaving the Limit
                                                                                                       or Straddle State (or halt if applicable)             options exchanges, because, in addition
                                               provisions during Limit States and                                                                            to the vigorous competition for order
                                               Straddle States and agrees to provide                   is 30% away from the price before the
                                                                                                       start of the Limit or Straddle State.9                flow among the options exchanges, the
                                               the Commission with relevant data to
                                                                                                                                                             proposal addresses a regulatory
                                               assess the impact of this proposed rule                 2. Statutory Basis
                                               change. As part of its analysis, the                                                                          situation common to all options
                                               Exchange will: (1) Evaluate the options                   The Exchange believes the proposed                  exchanges. To the extent that market
                                               market quality during Limit States and                  rule change is consistent with the                    participants disagree with the particular
                                               Straddle States; (2) assess the character               provisions of Section 6 of the Act,10 in              approach taken by the Exchange herein,
                                               of incoming order flow and transactions                 general, and with Section 6(b)(5) of the              market participants can easily and
                                               during Limit States and Straddle States;                Act,11 in particular, which requires that             readily direct order flow to competing
                                               and (3) review any complaints from                      the rules of an exchange be designed to               venues. The Exchange believes this
                                               members and their customers                             promote just and equitable principles of              proposal will not impose a burden on
                                               concerning executions during Limit                         8 The Exchange submitted a pilot report on
                                                                                                                                                             competition and will help provide
                                               States and Straddle States. Additionally,               September 30, 2014.
                                                                                                                                                             certainty during periods of
                                               the Exchange agrees to provide to the                      9 The Exchange agreed to provide similar data in   extraordinary volatility in an NMS
                                               Commission data requested to evaluate                   the original proposal. See Securities Exchange Act    stock.
                                               the impact of the elimination of the                    Release No. 69343 (April 8, 2013), 78 FR 21982
                                                                                                                                                             C. Self-Regulatory Organization’s
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                                                                                                       (April 12, 2013) (SR–BX–2013–026) at notes 4 and
                                               obvious and catastrophic error                          11. However, that data included two additional
                                               provisions, including data relevant to                                                                        Statement on Comments on the
                                                                                                       filters pertaining to the top 10 options and an in-
                                               assessing the various analyses noted                    the-money amount, which no longer apply. The          Proposed Rule Change Received From
                                               above. By May 29, 2015, the Exchange                    Exchange provided historical data in the new form     Members, Participants, or Others
                                                                                                       pursuant to this proposed rule change, going back
                                               shall provide to the Commission and the                 to the beginning of the original pilot period.          No written comments were either
                                               public assessments relating to the                         10 15 U.S.C. 78f.
                                                                                                                                                             solicited or received.
                                               impact of the operation of the obvious                     11 15 U.S.C. 78f(b)(5).




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                                               10528                        Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Notices

                                               III. Date of Effectiveness of the                       Comments may be submitted by any of                    SECURITIES AND EXCHANGE
                                               Proposed Rule Change and Timing for                     the following methods:                                 COMMISSION
                                               Commission Action
                                                                                                       Electronic Comments                                    [Release No. 34–74339; File No. SR–FINRA–
                                                  Because the proposed rule change                                                                            2014–047]
                                               does not (i) significantly affect the                     • Use the Commission’s Internet
                                               protection of investors or the public                   comment form (http://www.sec.gov/                      Self-Regulatory Organizations;
                                               interest; (ii) impose any significant                   rules/sro.shtml); or                                   Financial Industry Regulatory
                                               burden on competition; and (iii) become                                                                        Authority, Inc.; Order Instituting
                                                                                                         • Send an email to rule-comments@                    Proceedings To Determine Whether To
                                               operative for 30 days from the date on                  sec.gov. Please include File Number SR–
                                               which it was filed, or such shorter time                                                                       Approve or Disapprove a Proposed
                                                                                                       BX–2015–012 on the subject line.                       Rule Change To Adopt FINRA Rule
                                               as the Commission may designate if
                                               consistent with the protection of                       Paper Comments                                         2241 (Research Analysts and Research
                                               investors and the public interest, the                                                                         Reports) in the Consolidated FINRA
                                               proposed rule change has become                           • Send paper comments in triplicate                  Rulebook
                                               effective pursuant to Section 19(b)(3)(A)               to Secretary, Securities and Exchange
                                                                                                                                                                 February 20, 2015.
                                               of the Act 12 and Rule 19b–4(f)(6)(iii)                 Commission, 100 F Street NE.,
                                               thereunder.13                                           Washington, DC 20549–1090.                             I. Introduction
                                                  The Exchange has asked the                           All submissions should refer to File                      On November 14, 2014, Financial
                                               Commission to waive the 30-day                          Number SR–BX–2015–012. This file                       Industry Regulatory Authority, Inc.
                                               operative delay so that the proposal may                number should be included on the                       (‘‘FINRA’’) filed with the Securities and
                                               become operative immediately upon                       subject line if email is used. To help the             Exchange Commission (‘‘SEC’’ or
                                               filing. The Commission believes that                                                                           ‘‘Commission’’), pursuant to Section
                                                                                                       Commission process and review your
                                               waiving the 30-day operative delay is                                                                          19(b)(1) of the Securities Exchange Act
                                                                                                       comments more efficiently, please use
                                               consistent with the protection of                                                                              of 1934 (‘‘Act’’) 1 and Rule 19b–4
                                                                                                       only one method. The Commission will                   thereunder,2 a proposed rule to adopt
                                               investors and the public interest, as it
                                                                                                       post all comments on the Commission’s                  NASD Rule 2711 (Research Analysts
                                               will allow the obvious error pilot
                                               program to continue uninterrupted                       Internet Web site (http://www.sec.gov/                 and Research Reports) as a FINRA rule,
                                               while the industry gains further                        rules/sro.shtml). Copies of the                        with several modifications, amend
                                               experience operating under the Plan,                    submission, all subsequent                             NASD Rule 1050 (Registration of
                                               and avoid any investor confusion that                   amendments, all written statements                     Research Analysts) and Incorporated
                                               could result from a temporary                           with respect to the proposed rule                      NYSE Rule 344 to create an exception
                                               interruption in the pilot program. For                  change that are filed with the                         from the research analyst qualification
                                               this reason, the Commission designates                  Commission, and all written                            requirement, and renumber NASD Rule
                                               the proposed rule change to be operative                communications relating to the                         2711 as FINRA Rule 2241 in the
                                               upon filing.14                                          proposed rule change between the                       consolidated FINRA rulebook. The
                                                  At any time within 60 days of the                    Commission and any person, other than                  proposal was published for comment in
                                               filing of the proposed rule change, the                 those that may be withheld from the                    the Federal Register on November 24,
                                               Commission summarily may                                public in accordance with the                          2014.3 The Commission received four
                                               temporarily suspend such rule change if                 provisions of 5 U.S.C. 552, will be                    comments on the proposal.4 This order
                                               it appears to the Commission that such                  available for Web site viewing and                     institutes proceedings under Section
                                               action is necessary or appropriate in the               printing in the Commission’s Public                    19(b)(2)(B) of the Act 5 to determine
                                               public interest, for the protection of                  Reference Room, 100 F Street NE.,                      whether to approve or disapprove the
                                               investors, or otherwise in furtherance of               Washington, DC 20549 on official                       proposed rule change.
                                               the purposes of the Act. If the                         business days between the hours of                     II. Description of the Proposed Rule
                                               Commission takes such action, the                       10:00 a.m. and 3:00 p.m. Copies of such                Change
                                               Commission shall institute proceedings                  filing also will be available for
                                               to determine whether the proposed rule                                                                            As described more fully in the Notice,
                                                                                                       inspection and copying at the principal                FINRA proposed to adopt in the
                                               should be approved or disapproved.                      office of the Exchange. All comments
                                               IV. Solicitation of Comments                            received will be posted without change;                  1 15 U.S.C. 78s(b)(1).
                                                                                                       the Commission does not edit personal                    2 17 CFR 240.19b–4.
                                                 Interested persons are invited to                     identifying information from                             3 Exchange Act Release No. 73622 (Nov. 18,
                                               submit written data, views, and                                                                                2014); 79 FR 69939 (Nov. 24, 2014) (‘‘Notice’’). On
                                                                                                       submissions. You should submit only
                                               arguments concerning the foregoing,                                                                            January 6, 2015, FINRA consented to extending the
                                                                                                       information that you wish to make
                                               including whether the proposed rule                                                                            time period for the Commission to either approve
                                                                                                       available publicly. All submissions                    or disapprove the proposed rule change, or to
                                               change is consistent with the Act.
                                                                                                       should refer to File Number SR–BX–                     institute proceedings to determine whether to
                                                                                                       2015–012, and should be submitted on                   approve or disapprove the proposed rule change, to
                                                 12 15  U.S.C. 78s(b)(3)(A).                                                                                  February 20, 2015.
                                                 13 17  CFR 240.19b–4(f)(6)(iii). As required under
                                                                                                       or before March 19, 2015.                                4 See Letter from Kevin Zambrowicz, Associate

                                               Rule 19b–4(f)(6)(iii), the Exchange provided the           For the Commission, by the Division of              General Counsel & Managing Director and Sean
                                               Commission with written notice of its intent to file                                                           Davy, Managing Director, SIFMA, dated Dec. 15,
                                                                                                       Trading and Markets, pursuant to delegated
                                               the proposed rule change, along with a brief                                                                   2014 (‘‘SIFMA’’), Letter from Hugh D. Berkson,
                                                                                                       authority.15
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                                               description and the text of the proposed rule                                                                  President-Elect, Public Investors Arbitration Bar
                                               change, at least five business days prior to the date   Jill M. Peterson,                                      Association, dated Dec. 15, 2014 (‘‘PIABA Equity’’),
                                               of filing of the proposed rule change, or such                                                                 Letter from Stephanie R. Nicholas, WilmerHale,
                                               shorter time as designated by the Commission.           Assistant Secretary.                                   dated Dec. 16, 2014 (‘‘WilmerHale Equity’’), and
                                                  14 For purposes only of waiving the 30-day           [FR Doc. 2015–03957 Filed 2–25–15; 8:45 am]            Letter from William Beatty, President and
                                               operative delay, the Commission has also                                                                       Washington (State) Securities Administrator, North
                                                                                                       BILLING CODE 8011–01–P
                                               considered the proposed rule’s impact on                                                                       American Securities Administrators Association,
                                               efficiency, competition, and capital formation. See                                                            Inc., dated Dec. 19, 2014 (‘‘NASAA Equity’’).
                                               15 U.S.C. 78c(f).                                         15 17   CFR 200.30–3(a)(12).                           5 15 U.S.C. 78s(b)(2)(B).




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Document Created: 2015-12-18 13:05:23
Document Modified: 2015-12-18 13:05:23
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 10526 

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