80_FR_10574 80 FR 10536 - Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to Extend the Pilot Program Regarding Exchange Rule 1047(f)(v)

80 FR 10536 - Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to Extend the Pilot Program Regarding Exchange Rule 1047(f)(v)

SECURITIES AND EXCHANGE COMMISSION

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

Page Range10536-10538
FR Document2015-03960

Federal Register, Volume 80 Issue 38 (Thursday, February 26, 2015)
[Federal Register Volume 80, Number 38 (Thursday, February 26, 2015)]
[Notices]
[Pages 10536-10538]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-03960]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74337; File No. SR-Phlx-2015-19]


Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of 
Filing and Immediate Effectiveness of Proposed Rule Change to Extend 
the Pilot Program Regarding Exchange Rule 1047(f)(v)

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 PHLX LLC (``Phlx'' 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 extend the pilot program regarding 
Exchange Rule 1047(f)(v), 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. 69141 (March 15, 2013), 
78 FR 17262 (March 20, 2013); and 69344 (April 8, 2013), 78 FR 22001 
(April 12, 2013) (SR-Phlx-2013-29).
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    The text of the proposed rule change is available on the Exchange's 
Web site at http://nasdaqomxphlx.cchwallstreet.com/ com/, at the principal 
office of the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    In April 2013,\4\ the Commission approved a proposal, on a one year 
pilot basis, to adopt Exchange Rule 1047(f)(v)

[[Page 10537]]

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. 69344 (April 8, 2013), 
78 FR 22001 (April 12, 2013) (SR-Phlx-2013-29).
    \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.
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    The Exchange extended the operation of Rule 1047(f)(v), which 
provides that trades are not subject to an obvious error or 
catastrophic error review pursuant to Rule 1092(a)(i) or (ii) 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 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, 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. 71901 (April 8, 2014), 
79 FR 20955 (April 14, 2014) (SR-Phlx-2014-21).
---------------------------------------------------------------------------

    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\
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    \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\
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    \9\ The Exchange agreed to provide similar data in the original 
proposal. See Securities Exchange Act Release No. 69344 (April 8, 
2013), 78 FR 22001 (April 12, 2013) (SR-Phlx-2013-29) at notes 4 and 
12. 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 Rule 1092.
---------------------------------------------------------------------------

    \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.

[[Page 10538]]

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.

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-Phlx-2015-19 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-Phlx-2015-19. 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-Phlx-2015-19, 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. 2015-03960 Filed 2-25-15; 8:45 am]
BILLING CODE 8011-01-P



                                               10536                       Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Notices

                                               equitable principles of trade, remove                   and Exchange Commission, 100 F Street                  (‘‘Act’’) 1, and Rule 19b–4 thereunder,2
                                               impediments to and perfect the                          NE., Washington, DC 20549–1090.                        notice is hereby given that, on February
                                               mechanism of a free and open market                     All submissions should refer to File                   19, 2015, NASDAQ OMX PHLX LLC
                                               and a national market system, and, in                   Number SR–FINRA–2014–047. This file                    (‘‘Phlx’’ or ‘‘Exchange’’) filed with the
                                               general, to protect investors and the                   number should be included on the                       Securities and Exchange Commission
                                               public interest, and Section 15D of the                 subject line if email is used. To help the             (‘‘SEC’’ or ‘‘Commission’’) the proposed
                                               Act,104 which requires rules reasonably                 Commission process and review your                     rule change as described in Items I and
                                               designed to address conflicts of interest               comments more efficiently, please use                  II below, which Items have been
                                               that can arise when research analysts                   only one method. The Commission will                   prepared by the Exchange. The
                                               recommend equity securities in research                 post all comments on the Commission’s                  Commission is publishing this notice to
                                               reports and public appearances.                         Internet Web site (http://www.sec.gov/                 solicit comments on the proposed rule
                                                                                                       rules/sro.shtml). Copies of the                        change from interested persons.
                                               IV. Procedure: Request for Written
                                               Comments                                                submission, all subsequent                             I. Self-Regulatory Organization’s
                                                                                                       amendments, all written statements                     Statement of the Terms of the Substance
                                                 The Commission requests that                          with respect to the proposed rule                      of the Proposed Rule Change
                                               interested persons provide written                      change that are filed with the
                                               submissions of their views, data, and                                                                             The Exchange proposes to extend the
                                                                                                       Commission, and all written
                                               arguments with respect to the concerns                                                                         pilot program regarding Exchange Rule
                                                                                                       communications relating to the
                                               identified above, as well as any others                                                                        1047(f)(v), which provides for how the
                                                                                                       proposed rule change between the                       Exchange treats obvious and
                                               they may have with the proposed rule                    Commission and any person, other than
                                               change. In particular, the Commission                                                                          catastrophic options errors in response
                                                                                                       those that may be withheld from the                    to the Plan to Address Extraordinary
                                               invites the written views of interested                 public in accordance with the
                                               persons concerning whether the                                                                                 Market Volatility Pursuant to Rule 608
                                                                                                       provisions of 5 U.S.C. 552, will be                    of Regulation NMS under the Act (the
                                               proposed rule change is inconsistent                    available for Web site viewing and
                                               with Sections 15A(b)(9) and 15D, or any                                                                        ‘‘Limit Up-Limit Down Plan’’ or the
                                                                                                       printing in the Commission’s Public                    ‘‘Plan’’).3 The Exchange proposes to
                                               other provision of the Act, or the rules                Reference Room, 100 F Street NE.,
                                               and regulation thereunder. Although                                                                            extend the pilot period until October 23,
                                                                                                       Washington, DC 20549, on official                      2015.
                                               there do not appear to be any issues                    business days between the hours of 10                     The text of the proposed rule change
                                               relevant to approval or disapproval                     a.m. and 3 p.m. Copies of such filing                  is available on the Exchange’s Web site
                                               which would be facilitated by an oral                   also will be available for inspection and              at http://nasdaqomxphlx.cchwallstreet.
                                               presentation of views, data, and                        copying at the principal office of                     com/, at the principal office of the
                                               arguments, the Commission will                          FINRA. All comments received will be                   Exchange, and at the Commission’s
                                               consider, pursuant to Rule 19b-4, any                   posted without change; the Commission                  Public Reference Room.
                                               request for an opportunity to make an                   does not edit personal identifying
                                               oral presentation.105                                   information from submissions. You                      II. Self-Regulatory Organization’s
                                                 Interested persons are invited to                     should submit only information that                    Statement of the Purpose of, and
                                               submit written data, views, and                         you wish to make available publicly. All               Statutory Basis for, the Proposed Rule
                                               arguments regarding whether the                         submissions should refer to File                       Change
                                               proposed rule changes should be                         Number SR–FINRA–2014–047 and                              In its filing with the Commission, the
                                               approved or disapproved by March 19,                    should be submitted on or before March                 Exchange included statements
                                               2015. Any person who wishes to file a                   19, 2015.                                              concerning the purpose of and basis for
                                               rebuttal to any other person’s                                                                                 the proposed rule change and discussed
                                                                                                          For the Commission, by the Division of
                                               submission must file that rebuttal by                   Trading and Markets, pursuant to delegated             any comments it received on the
                                               April 2, 2015.                                          authority.106                                          proposed rule change. The text of these
                                                 Comments may be submitted by any                      Jill M. Peterson,                                      statements may be examined at the
                                               of the following methods:                                                                                      places specified in Item IV below. The
                                                                                                       Assistant Secretary.
                                               Electronic Comments                                     [FR Doc. 2015–03962 Filed 2–25–15; 8:45 am]            Exchange has prepared summaries, set
                                                                                                                                                              forth in sections A, B, and C below, of
                                                 • Use the Commission’s Internet                       BILLING CODE 8011–01–P
                                                                                                                                                              the most significant aspects of such
                                               comment form (http://www.sec.gov/                                                                              statements.
                                               rules/sro.shtml); or
                                                                                                       SECURITIES AND EXCHANGE                                A. Self-Regulatory Organization’s
                                                 • Send an email to rule-comments@
                                                                                                       COMMISSION                                             Statement of the Purpose of, and
                                               sec.gov. Please include File Number SR–
                                               FINRA–2014–047 on the subject line.                                                                            Statutory Basis for, the Proposed Rule
                                                                                                       [Release No. 34–74337; File No. SR–Phlx–               Change
                                               Paper Comments                                          2015–19]
                                                                                                                                                              1. Purpose
                                                 • Send paper comments in triplicate                   Self-Regulatory Organizations;                            In April 2013,4 the Commission
                                               to Brent J. Fields, Secretary, Securities               NASDAQ OMX PHLX LLC; Notice of                         approved a proposal, on a one year pilot
                                                                                                       Filing and Immediate Effectiveness of                  basis, to adopt Exchange Rule 1047(f)(v)
                                                 104 15 U.S.C. 78o–6.
                                                 105 Section
                                                                                                       Proposed Rule Change to Extend the
                                                             19(b)(2) of the Act, as amended by the
                                                                                                       Pilot Program Regarding Exchange                         1 15 U.S.C. 78s(b)(1).
rmajette on DSK2VPTVN1PROD with NOTICES




                                               Securities Act Amendments of 1975, Pub. L. 94–29
                                               (June 4, 1975), grants the Commission flexibility to    Rule 1047(f)(v)                                          2 17 CFR 240.19b–4.
                                                                                                                                                                3 Securities Exchange Act Release Nos. 69141
                                               determine what type of proceeding—either oral or
                                               notice and opportunity for written comments—is          February 20, 2015.                                     (March 15, 2013), 78 FR 17262 (March 20, 2013);
                                               appropriate for consideration of a particular             Pursuant to Section 19(b)(1) of the                  and 69344 (April 8, 2013), 78 FR 22001 (April 12,
                                               proposal by a self-regulatory organization. See                                                                2013) (SR–Phlx–2013–29).
                                                                                                       Securities Exchange Act of 1934
                                               Securities Act Amendments of 1975, Senate Comm.                                                                  4 Securities Exchange Act Release No. 69344

                                               on Banking, Housing & Urban Affairs, S. Rep. No.                                                               (April 8, 2013), 78 FR 22001 (April 12, 2013) (SR–
                                               75, 94th Cong., 1st Sess. 30 (1975).                      106 17   CFR 200.30–3(a)(57).                        Phlx–2013–29).



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                                                                           Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Notices                                                   10537

                                               to provide for how the Exchange will                    program should continue on a pilot                       • number of trades for which a
                                               treat obvious and catastrophic options                  basis to coincide with the operation of               request for review for error was received
                                               errors in response to the Plan, which is                the Limit Up-Limit Down Plan. The                     during Straddle and Limit States,
                                               applicable to all NMS stocks, as defined                Exchange believes that continuing the                    • an indicator variable for whether
                                               in Regulation NMS Rule 600(b)(47).5                     pilot will protect against any                        those options outlined above have a
                                               The Plan is designed to prevent trades                  unanticipated consequences and permit
                                                                                                                                                             price change exceeding 30% during the
                                               in individual NMS stocks from                           the industry to gain further experience
                                               occurring outside of specified Price                                                                          underlying stock’s Limit or Straddle
                                                                                                       operating the Plan.
                                               Bands.6 The requirements of the Plan                                                                          State compared to the last available
                                                                                                          The Exchange will conduct an
                                               are coupled with Trading Pauses to                      analysis concerning the elimination of                option price as reported by OPRA before
                                               accommodate more fundamental price                      obvious and catastrophic error                        the start of the Limit or Straddle State
                                               moves (as opposed to erroneous trades                   provisions during Limit States and                    (1 if observe 30% and 0 otherwise).
                                               or momentary gaps in liquidity).                        Straddle States and agrees to provide                 Another indicator variable for whether
                                                  The Exchange extended the operation                  the Commission with relevant data to                  the option price within five minutes of
                                               of Rule 1047(f)(v), which provides that                 assess the impact of this proposed rule               the underlying stock leaving the Limit
                                               trades are not subject to an obvious error              change. As part of its analysis, the                  or Straddle State (or halt if applicable)
                                               or catastrophic error review pursuant to                Exchange will: (1) Evaluate the options               is 30% away from the price before the
                                               Rule 1092(a)(i) or (ii) during a Limit                  market quality during Limit States and                start of the Limit or Straddle State.9
                                               State or Straddle State in 2014.7 The                   Straddle States; (2) assess the character
                                               Exchange now proposes to extend the                                                                           2. Statutory Basis
                                                                                                       of incoming order flow and transactions
                                               pilot program for an additional pilot                   during Limit States and Straddle States;                 The Exchange believes the proposed
                                               period ending October 23, 2015. The                     and (3) review any complaints from
                                               Exchange believes conducting an                                                                               rule change is consistent with the
                                                                                                       members and their customers                           provisions of Section 6 of the Act,10 in
                                               obvious error or catastrophic error                     concerning executions during Limit
                                               review is impracticable given the lack of                                                                     general, and with Section 6(b)(5) of the
                                                                                                       States and Straddle States. Additionally,             Act,11 in particular, which requires that
                                               a reliable National Best Bid/Offer                      the Exchange agrees to provide to the
                                               (‘‘NBBO’’) in the options market during                                                                       the rules of an exchange be designed to
                                                                                                       Commission data requested to evaluate                 promote just and equitable principles of
                                               Limit States and Straddle States, and                   the impact of the elimination of the
                                               that the resulting actions (i.e., nullified                                                                   trade, remove impediments to and
                                                                                                       obvious and catastrophic error
                                               trades or adjusted prices) may not be                                                                         perfect the mechanism of a free and
                                                                                                       provisions, including data relevant to
                                               appropriate given market conditions.                                                                          open market and a national market
                                                                                                       assessing the various analyses noted
                                               Under the pilot, limit orders that are                  above. By May 29, 2015, the Exchange                  system, and protect investors and the
                                               filled during a Limit State or Straddle                 shall provide to the Commission and the               public interest, because it should
                                               State have certainty of execution in a                  public assessments relating to the                    continue to provide certainty about how
                                               manner that promotes just and equitable                 impact of the operation of the obvious                errors involving options orders and
                                               principles of trade, removes                                                                                  trades will be handled during periods of
                                                                                                       error rules during Limit and Straddle
                                               impediments to, and perfects the                                                                              extraordinary volatility in the
                                                                                                       States as follows: 8
                                               mechanism of a free and open market                                                                           underlying security. The Exchange
                                                                                                          1. Evaluate the statistical and
                                               and a national market system. Moreover,                                                                       believes that it continues to be
                                                                                                       economic impact of Limit and Straddle
                                               given that options prices during brief                                                                        necessary and appropriate in the
                                               Limit States or Straddle States may                     States on liquidity and market quality in
                                                                                                       the options markets.                                  interest of promoting fair and orderly
                                               deviate substantially from those
                                                                                                          2. Assess whether the lack of obvious              markets to exclude transactions
                                               available shortly following the Limit
                                               State or Straddle State, the Exchange                   error rules in effect during the Straddle             executed during a Limit State or
                                               believes giving market participants time                and Limit States are problematic.                     Straddle State from certain aspects of
                                               to re-evaluate a transaction would create                  Each month the Exchange shall                      Rule 1092.
                                               an unreasonable adverse selection                       provide to the Commission and the                        Although the Limit Up-Limit Down
                                               opportunity that would discourage                       public a dataset containing the data for              Plan is operational, the Exchange
                                               participants from providing liquidity                   each Straddle and Limit State in                      believes that maintaining the pilot will
                                               during Limit States or Straddle States.                 optionable stocks that had at least one               help the industry gain further
                                               On balance, the Exchange believes that                  trade on the Exchange during a Straddle
                                                                                                                                                             experience operating the Plan as well as
                                               removing the potential inequity of                      or Limit State. For each of those options
                                                                                                                                                             the pilot provisions.
                                               nullifying or adjusting executions                      affected, each data record should
                                               occurring during Limit States or                        contain the following information:                       Based on the foregoing, the Exchange
                                               Straddle States outweighs any potential                    • Stock symbol, option symbol, time                believes the benefits to market
                                               benefits from applying those provisions                 at the start of the Straddle or Limit                 participants should continue on a pilot
                                               during such unusual market conditions.                  State, an indicator for whether it is a               basis to coincide with the operation of
                                                  The Exchange believes the benefits to                Straddle or Limit State,                              the Limit Up-Limit Down Plan.
                                               market participants from the pilot                         • For activity on the Exchange:
                                                                                                          • executed volume, time-weighted                      9 The Exchange agreed to provide similar data in

                                                 5 The Plan was extended until February 20, 2015.      quoted bid-ask spread, time-weighted                  the original proposal. See Securities Exchange Act
                                               The Plan was initially approved for a one-year pilot                                                          Release No. 69344 (April 8, 2013), 78 FR 22001
                                                                                                       average quoted depth at the bid, time-
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                                               period, which began on April 8, 2013. Securities                                                              (April 12, 2013) (SR–Phlx–2013–29) at notes 4 and
                                               Exchange Act Release No. 71649 (March 5, 2014),         weighted average quoted depth at the                  12. However, that data included two additional
                                               79 FR 13696 (March 11, 2014).                           offer,                                                filters pertaining to the top 10 options and an in-
                                                 6 Unless otherwise specified, capitalized terms
                                                                                                          • high execution price, low execution              the-money amount, which no longer apply. The
                                               used in this rule filing are based on the defined                                                             Exchange provided historical data in the new form
                                                                                                       price,                                                pursuant to this proposed rule change, going back
                                               terms of the Plan.
                                                 7 Securities Exchange Act Release No. 71901                                                                 to the beginning of the original pilot period.
                                                                                                         8 The Exchange submitted a pilot report on             10 15 U.S.C. 78f.
                                               (April 8, 2014), 79 FR 20955 (April 14, 2014) (SR–
                                               Phlx–2014–21).                                          September 30, 2014.                                      11 15 U.S.C. 78f(b)(5).




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                                               10538                        Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Notices

                                               B. Self-Regulatory Organization’s                       investors and the public interest, as it              Commission and any person, other than
                                               Statement on Burden on Competition                      will allow the obvious error pilot                    those that may be withheld from the
                                                  The Exchange does not believe that                   program to continue uninterrupted                     public in accordance with the
                                               the proposed rule change will result in                 while the industry gains further                      provisions of 5 U.S.C. 552, will be
                                               any burden on competition that is not                   experience operating under the Plan,                  available for Web site viewing and
                                               necessary or appropriate in furtherance                 and avoid any investor confusion that                 printing in the Commission’s Public
                                               of the purposes of the Act, as amended.                 could result from a temporary                         Reference Room, 100 F Street NE.,
                                               Specifically, the proposal does not                     interruption in the pilot program. For                Washington, DC 20549 on official
                                               impose an intra-market burden on                        this reason, the Commission designates                business days between the hours of
                                               competition, because it will apply to all               the proposed rule change to be operative              10:00 a.m. and 3:00 p.m. Copies of such
                                               members. Nor will the proposal impose                   upon filing.14                                        filing also will be available for
                                               a burden on competition among the                          At any time within 60 days of the                  inspection and copying at the principal
                                               options exchanges, because, in addition                 filing of the proposed rule change, the               office of the Exchange. All comments
                                               to the vigorous competition for order                   Commission summarily may                              received will be posted without change;
                                               flow among the options exchanges, the                   temporarily suspend such rule change if               the Commission does not edit personal
                                                                                                       it appears to the Commission that such                identifying information from
                                               proposal addresses a regulatory
                                                                                                       action is necessary or appropriate in the             submissions. You should submit only
                                               situation common to all options
                                                                                                       public interest, for the protection of                information that you wish to make
                                               exchanges. To the extent that market
                                                                                                       investors, or otherwise in furtherance of             available publicly. All submissions
                                               participants disagree with the particular
                                                                                                       the purposes of the Act. If the                       should refer to File Number SR–Phlx–
                                               approach taken by the Exchange herein,
                                                                                                       Commission takes such action, the                     2015–19, and should be submitted on or
                                               market participants can easily and
                                                                                                       Commission shall institute proceedings                before March 19, 2015.
                                               readily direct order flow to competing
                                                                                                       to determine whether the proposed rule
                                               venues. The Exchange believes this                                                                               For the Commission, by the Division of
                                                                                                       should be approved or disapproved.
                                               proposal will not impose a burden on                                                                          Trading and Markets, pursuant to delegated
                                               competition and will help provide                       IV. Solicitation of Comments                          authority.15
                                               certainty during periods of                               Interested persons are invited to                   Jill M. Peterson,
                                               extraordinary volatility in an NMS                      submit written data, views, and                       Assistant Secretary.
                                               stock.                                                  arguments concerning the foregoing,                   [FR Doc. 2015–03960 Filed 2–25–15; 8:45 am]
                                               C. Self-Regulatory Organization’s                       including whether the proposed rule                   BILLING CODE 8011–01–P

                                               Statement on Comments on the                            change is consistent with the Act.
                                               Proposed Rule Change Received From                      Comments may be submitted by any of
                                               Members, Participants, or Others                        the following methods:                                SECURITIES AND EXCHANGE
                                                                                                                                                             COMMISSION
                                                 No written comments were either                       Electronic Comments
                                                                                                                                                             [Release No. 34–74340; File No. SR–FINRA–
                                               solicited or received.                                    • Use the Commission’s Internet                     2014–048]
                                               III. Date of Effectiveness of the                       comment form (http://www.sec.gov/
                                               Proposed Rule Change and Timing for                     rules/sro.shtml); or                                  Self-Regulatory Organizations;
                                               Commission Action                                         • Send an email to rule-comments@                   Financial Industry Regulatory
                                                                                                       sec.gov. Please include File Number SR–               Authority, Inc.; Order Instituting
                                                  Because the proposed rule change                     Phlx–2015–19 on the subject line.
                                               does not (i) significantly affect the                                                                         Proceedings To Determine Whether To
                                               protection of investors or the public                   Paper Comments                                        Approve or Disapprove a Proposed
                                                                                                                                                             Rule Change To Adopt FINRA Rule
                                               interest; (ii) impose any significant                     • Send paper comments in triplicate
                                               burden on competition; and (iii) become                                                                       2242; Debt Research Analysts and
                                                                                                       to Secretary, Securities and Exchange
                                               operative for 30 days from the date on                                                                        Debt Research Reports
                                                                                                       Commission, 100 F Street NE.,
                                               which it was filed, or such shorter time                Washington, DC 20549–1090.                            February 20, 2015.
                                               as the Commission may designate if                      All submissions should refer to File
                                               consistent with the protection of                                                                             I. Introduction
                                                                                                       Number SR–Phlx–2015–19. This file
                                               investors and the public interest, the                  number should be included on the                         On November 14, 2014, Financial
                                               proposed rule change has become                         subject line if email is used. To help the            Industry Regulatory Authority, Inc.
                                               effective pursuant to Section 19(b)(3)(A)               Commission process and review your                    (‘‘FINRA’’) filed with the Securities and
                                               of the Act 12 and Rule 19b–4(f)(6)(iii)                 comments more efficiently, please use                 Exchange Commission (‘‘SEC’’ or
                                               thereunder.13                                           only one method. The Commission will                  ‘‘Commission’’), pursuant to Section
                                                  The Exchange has asked the                           post all comments on the Commission’s                 19(b)(1) of the Securities Exchange Act
                                               Commission to waive the 30-day                          Internet Web site (http://www.sec.gov/                of 1934 (‘‘Act’’) 1 and Rule 19b–4
                                               operative delay so that the proposal may                rules/sro.shtml). Copies of the                       thereunder,2 a proposed rule to adopt
                                               become operative immediately upon                       submission, all subsequent                            new FINRA Rule 2242 (Debt Research
                                               filing. The Commission believes that                    amendments, all written statements                    Analysts and Debt Research Reports) to
                                               waiving the 30-day operative delay is                   with respect to the proposed rule                     address conflicts of interest relating to
                                               consistent with the protection of                       change that are filed with the                        the publication and distribution of debt
                                                                                                       Commission, and all written                           research reports. The proposal was
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                                                 12 15  U.S.C. 78s(b)(3)(A).
                                                                                                       communications relating to the                        published for comment in the Federal
                                                 13 17  CFR 240.19b–4(f)(6)(iii). As required under
                                                                                                       proposed rule change between the                      Register on November 24, 2014.3 The
                                               Rule 19b–4(f)(6)(iii), the Exchange provided the
                                               Commission with written notice of its intent to file                                                            15 17
                                               the proposed rule change, along with a brief               14 For purposes only of waiving the 30-day                 CFR 200.30–3(a)(12).
                                                                                                                                                               1 15 U.S.C. 78s(b)(1).
                                               description and the text of the proposed rule           operative delay, the Commission has also
                                                                                                                                                               2 17 CFR 240.19b–4.
                                               change, at least five business days prior to the date   considered the proposed rule’s impact on
                                               of filing of the proposed rule change, or such          efficiency, competition, and capital formation. See     3 Exchange Act Release No. 73623 (Nov. 18,

                                               shorter time as designated by the Commission.           15 U.S.C. 78c(f).                                     2014); 79 FR 69905 (Nov. 24, 2014) (‘‘Notice’’). On



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Document Created: 2015-12-18 13:05:19
Document Modified: 2015-12-18 13:05:19
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 10536 

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