80_FR_10587 80 FR 10549 - Self-Regulatory Organizations; International Securities Exchange, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Extend the Limit Up-Limit Down Obvious Error Pilot

80 FR 10549 - Self-Regulatory Organizations; International Securities Exchange, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Extend the Limit Up-Limit Down Obvious Error Pilot

SECURITIES AND EXCHANGE COMMISSION

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

Page Range10549-10551
FR Document2015-03958

Federal Register, Volume 80 Issue 38 (Thursday, February 26, 2015)
[Federal Register Volume 80, Number 38 (Thursday, February 26, 2015)]
[Notices]
[Pages 10549-10551]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-03958]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74335; File No. SR-ISE-2015-07]


Self-Regulatory Organizations; International Securities Exchange, 
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule 
Change To Extend the Limit Up-Limit Down Obvious Error Pilot

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

    The ISE proposes to extend a pilot program under Rule 703A(d) that 
suspends Rule 720 regarding obvious errors during Limit and Straddle 
States in securities that underlie options traded on the Exchange. The 
text of the proposed rule change is available on the Exchange's Web 
site (http://www.ise.com), at the principal office of the Exchange, and 
at the Commission's Public Reference Room.

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

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

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

1. Purpose
    On April 5, 2013,\3\ the Commission approved a proposed rule change 
designed to address certain issues related to the Plan to Address 
Extraordinary Market Volatility Pursuant to Rule 608 of Regulation NMS 
under the Act (the ``Limit Up-Limit Down Plan'' or the ``Plan'').\4\ 
The rules adopted in that filing established a one year pilot program 
to exclude transactions executed during a Limit State \5\ or Straddle 
State \6\ from the obvious error provisions of Rule 720. On April 4, 
2014 the Exchange filed to extend this pilot program to its current end 
date of February 20, 2015.\7\ The purpose of this filing is to extend 
the effectiveness of the pilot program to coincide with the proposed 
extension of the Limit Up-Limit Down Plan to October 23, 2015.\8\
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    \3\ See Securities Exchange Act Release No. 69329 (April 5, 
2013), 78 FR 21657 (April 11, 2014) (SR-ISE-2013-22) (Approval 
Order); 69110 (March 11, 2013) 78 FR 16726 (March 18, 2013) (SR-ISE-
2013-22) (Notice of Filing).
    \4\ See Securities Exchange Act Release No. 67091 (May 31, 
2012), 77 FR 33498 (June 6, 2012) (the ``Limit Up-Limit Down 
Release'').
    \5\ The term ``Limit State'' means the condition when the 
national best bid or national best offer for an underlying security 
equals an applicable price band, as determined by the primary 
listing exchange for the underlying security. See Rule 703A.
    \6\ The term ``Straddle State'' means the condition when the 
national best bid or national best offer for an underlying security 
is non-executable, as determined by the primary listing exchange for 
the underlying security, but the security is not in a Limit State. 
See Rule 703A.
    \7\ See Securities Exchange Act Release No. 71884 (April 7, 
2014), 79 FR 20269 (April 11, 2014) (SR-ISE-2014-22).
    \8\ See Exchange Act Release No. 74110 (January 21, 2015), 80 FR 
4321 (January 27, 2015) (Eighth Amendment to the Limit-Up Limit-Down 
Plan).
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    The Exchange believes the benefits to market participants from this 
provision should continue on a pilot basis. The Exchange continues to 
believe that adding certainty to the execution of orders in Limit or 
Straddle States will encourage market participants to continue to 
provide liquidity to the Exchange, and, thus, promote a fair and 
orderly market during these periods. Barring this provision, the 
obvious error provisions of Rule 720 would likely apply in many 
instances during Limit and Straddle States. The Exchange believes that 
continuing the pilot will protect against any unanticipated 
consequences in the options markets during a Limit or Straddle State. 
Thus, the Exchange believes that the protections of current rule should 
continue while the industry gains further experience operating the 
Plan.
    In connection with this proposed extension, each month the Exchange 
shall provide to the Commission, and the public, a dataset containing 
the data for each Straddle and Limit State in optionable stocks that 
had at least one trade on the Exchange. For each trade on the Exchange, 
the Exchange will provide (a) the stock symbol, option symbol, time at 
the start of the Straddle or Limit State, an indicator for whether it 
is a Straddle or Limit State, and (b) for the trades on the Exchange, 
the executed volume, time-weighted quoted bid-ask spread, time-weighted 
average quoted depth at the bid, time-weighted average quoted depth at 
the offer, high execution price, low execution price, number of trades 
for which a request for review for error was received during Straddle 
and Limit States, an indicator variable for whether those options 
outlined above have a price change exceeding 30% during the underlying 
stock's Limit or Straddle State compared to the last available option 
price as reported by OPRA before the start of the Limit or Straddle 
State (1 if observe 30% and 0 otherwise), and another indicator 
variable for whether the option price within five minutes of the 
underlying stock leaving the Limit or Straddle State (or halt if 
applicable) is 30% away from the price before the start of the Limit or 
Straddle State.
    In addition, the Exchange will provide to the Commission, and the 
public, no later than May 29, 2015, assessments relating to the impact 
of the operation of the obvious error rules during Limit and Straddle 
States including: (1) An evaluation of the statistical and economic 
impact of Limit and Straddle States on liquidity and market quality in 
the options markets, and (2) an assessment of whether the lack of 
obvious error rules in effect during the Straddle and Limit States are 
problematic.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with the 
requirements of the Act and the rules and regulations thereunder that 
are applicable to a national securities exchange, and, in particular, 
with the requirements of Section 6(b) of the Act.\9\ In particular, the 
proposal is consistent

[[Page 10550]]

with Section 6(b)(5) of the Act,\10\ because it is designed to promote 
just and equitable principles of trade, remove impediments to and 
perfect the mechanisms of a free and open market and a national market 
system and, in general, to protect investors and the public interest. 
Additionally, the Exchange believes the proposed rule change is 
consistent with the Section 6(b)(5) \11\ requirement that the rules of 
an exchange not be designed to permit unfair discrimination between 
customers, issuers, brokers, or dealers.
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    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
    \11\ Id.
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    In particular, the Exchange further believes that it is necessary 
and appropriate in the interest of promoting fair and orderly markets 
to exclude transactions executed during a Limit or Straddle State from 
certain aspects of Rule 720. The Exchange believes the application of 
the current rule will be impracticable given the lack of a reliable 
national best bid or offer in the options market during Limit and 
Straddle States, and that the resulting actions (i.e., nullified trades 
or adjusted prices) may not be appropriate given market conditions. 
Extension of this pilot would ensure that limit orders that are filled 
during a Limit or Straddle State would have certainty of execution in a 
manner that promotes just and equitable principles of trade, removes 
impediments to, and perfects the mechanism of a free and open market 
and a national market system. Thus, the Exchange believes that the 
protections of the pilot should continue while the industry gains 
further experience operating the Plan.

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

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition that is not necessary or appropriate 
in furtherance of the purposes of the Act. Specifically, the Exchange 
believes that, by extending the expiration of the pilot, the proposed 
rule change will allow for further analysis of the pilot and a 
determination of how the pilot shall be structured in the future. In 
doing so, the proposed rule change will also serve to promote 
regulatory clarity and consistency, thereby reducing burdens on the 
marketplace and facilitating investor protection.

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

    The Exchange has not solicited, and does not intend to solicit, 
comments on this proposed rule change. The Exchange has not received 
any unsolicited written comments from members or other interested 
parties.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    Because the proposed rule change does not (i) significantly affect 
the protection of investors or the public interest; (ii) impose any 
significant burden on competition; and (iii) become operative for 30 
days from the date on which it was filed, or such shorter time as the 
Commission may designate if consistent with the protection of investors 
and the public interest, the proposed rule change has become effective 
pursuant to Section 19(b)(3)(A) of the Act \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.
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    The Exchange has asked the Commission to waive the 30-day operative 
delay so that the proposal may become operative immediately upon 
filing. The Commission believes that waiving the 30-day operative delay 
is consistent with the protection of investors and the public interest, 
as it will allow the obvious error pilot program to continue 
uninterrupted while the industry gains further experience operating 
under the Plan, and avoid any investor confusion that could result from 
a temporary interruption in the pilot program. For this reason, the 
Commission designates the proposed rule change to be operative upon 
filing.\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).
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    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the Commission 
takes such action, the Commission shall institute proceedings to 
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-ISE-2015-07 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ISE-2015-07. 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-ISE-2015-07, and should be 
submitted on or before March 19, 2015.


[[Page 10551]]


    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. 2015-03958 Filed 2-25-15; 8:45 am]
BILLING CODE 8011-01-P



                                                                           Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Notices                                           10549

                                                  For the Commission, by the Division of               The self-regulatory organization has                    protect against any unanticipated
                                               Trading and Markets, pursuant to delegated              prepared summaries, set forth in                        consequences in the options markets
                                               authority.124                                           sections A, B and C below, of the most                  during a Limit or Straddle State. Thus,
                                               Jill M. Peterson,                                       significant aspects of such statements.                 the Exchange believes that the
                                               Assistant Secretary.                                                                                            protections of current rule should
                                                                                                       A. Self-Regulatory Organization’s
                                               [FR Doc. 2015–03963 Filed 2–25–15; 8:45 am]
                                                                                                       Statement of the Purpose of, and                        continue while the industry gains
                                               BILLING CODE 8011–01–P
                                                                                                       Statutory Basis for, the Proposed Rule                  further experience operating the Plan.
                                                                                                       Change                                                     In connection with this proposed
                                                                                                                                                               extension, each month the Exchange
                                               SECURITIES AND EXCHANGE                                 1. Purpose                                              shall provide to the Commission, and
                                               COMMISSION                                                 On April 5, 2013,3 the Commission                    the public, a dataset containing the data
                                               [Release No. 34–74335; File No. SR–ISE–                 approved a proposed rule change                         for each Straddle and Limit State in
                                               2015–07]                                                designed to address certain issues                      optionable stocks that had at least one
                                                                                                       related to the Plan to Address                          trade on the Exchange. For each trade
                                               Self-Regulatory Organizations;                          Extraordinary Market Volatility                         on the Exchange, the Exchange will
                                               International Securities Exchange,                      Pursuant to Rule 608 of Regulation NMS                  provide (a) the stock symbol, option
                                               LLC; Notice of Filing and Immediate                     under the Act (the ‘‘Limit Up-Limit                     symbol, time at the start of the Straddle
                                               Effectiveness of Proposed Rule                          Down Plan’’ or the ‘‘Plan’’).4 The rules                or Limit State, an indicator for whether
                                               Change To Extend the Limit Up-Limit                     adopted in that filing established a one                it is a Straddle or Limit State, and (b)
                                               Down Obvious Error Pilot                                year pilot program to exclude                           for the trades on the Exchange, the
                                                                                                       transactions executed during a Limit                    executed volume, time-weighted quoted
                                               February 20, 2015.                                                                                              bid-ask spread, time-weighted average
                                                                                                       State 5 or Straddle State 6 from the
                                                  Pursuant to Section 19(b)(1) of the                  obvious error provisions of Rule 720. On                quoted depth at the bid, time-weighted
                                               Securities Exchange Act of 1934 (the                    April 4, 2014 the Exchange filed to                     average quoted depth at the offer, high
                                               ‘‘Act’’),1 and Rule 19b–4 thereunder,2                  extend this pilot program to its current                execution price, low execution price,
                                               notice is hereby given that on February                 end date of February 20, 2015.7 The                     number of trades for which a request for
                                               19, 2015, the International Securities                  purpose of this filing is to extend the                 review for error was received during
                                               Exchange, LLC (the ‘‘Exchange’’ or the                  effectiveness of the pilot program to                   Straddle and Limit States, an indicator
                                               ‘‘ISE’’) filed with the Securities and                  coincide with the proposed extension of                 variable for whether those options
                                               Exchange Commission (‘‘Commission’’)                    the Limit Up-Limit Down Plan to                         outlined above have a price change
                                               the proposed rule change as described                   October 23, 2015.8                                      exceeding 30% during the underlying
                                               in Items I and II below, which Items                       The Exchange believes the benefits to                stock’s Limit or Straddle State compared
                                               have been prepared by the self-                         market participants from this provision                 to the last available option price as
                                               regulatory organization. The                            should continue on a pilot basis. The                   reported by OPRA before the start of the
                                               Commission is publishing this notice to                 Exchange continues to believe that                      Limit or Straddle State (1 if observe
                                               solicit comments on the proposed rule                   adding certainty to the execution of                    30% and 0 otherwise), and another
                                               change from interested persons.                         orders in Limit or Straddle States will                 indicator variable for whether the
                                               I. Self-Regulatory Organization’s                       encourage market participants to                        option price within five minutes of the
                                               Statement of the Terms of the Substance                 continue to provide liquidity to the                    underlying stock leaving the Limit or
                                               of the Proposed Rule Change                             Exchange, and, thus, promote a fair and                 Straddle State (or halt if applicable) is
                                                                                                       orderly market during these periods.                    30% away from the price before the start
                                                  The ISE proposes to extend a pilot                   Barring this provision, the obvious error               of the Limit or Straddle State.
                                               program under Rule 703A(d) that                         provisions of Rule 720 would likely                        In addition, the Exchange will
                                               suspends Rule 720 regarding obvious                     apply in many instances during Limit                    provide to the Commission, and the
                                               errors during Limit and Straddle States                 and Straddle States. The Exchange                       public, no later than May 29, 2015,
                                               in securities that underlie options                     believes that continuing the pilot will                 assessments relating to the impact of the
                                               traded on the Exchange. The text of the
                                                                                                                                                               operation of the obvious error rules
                                               proposed rule change is available on the                   3 See Securities Exchange Act Release No. 69329
                                                                                                                                                               during Limit and Straddle States
                                               Exchange’s Web site (http://                            (April 5, 2013), 78 FR 21657 (April 11, 2014) (SR–
                                                                                                       ISE–2013–22) (Approval Order); 69110 (March 11,         including: (1) An evaluation of the
                                               www.ise.com), at the principal office of
                                                                                                       2013) 78 FR 16726 (March 18, 2013) (SR–ISE–2013–        statistical and economic impact of Limit
                                               the Exchange, and at the Commission’s                   22) (Notice of Filing).                                 and Straddle States on liquidity and
                                               Public Reference Room.                                     4 See Securities Exchange Act Release No. 67091
                                                                                                                                                               market quality in the options markets,
                                                                                                       (May 31, 2012), 77 FR 33498 (June 6, 2012) (the
                                               II. Self-Regulatory Organization’s                      ‘‘Limit Up-Limit Down Release’’).                       and (2) an assessment of whether the
                                               Statement of the Purpose of, and                           5 The term ‘‘Limit State’’ means the condition       lack of obvious error rules in effect
                                               Statutory Basis for, the Proposed Rule                  when the national best bid or national best offer for   during the Straddle and Limit States are
                                               Change                                                  an underlying security equals an applicable price       problematic.
                                                                                                       band, as determined by the primary listing
                                                 In its filing with the Commission, the                exchange for the underlying security. See Rule          2. Statutory Basis
                                               self-regulatory organization included                   703A.
                                               statements concerning the purpose of,                      6 The term ‘‘Straddle State’’ means the condition      The Exchange believes that its
                                               and basis for, the proposed rule change
                                                                                                       when the national best bid or national best offer for   proposal is consistent with the
                                                                                                       an underlying security is non-executable, as            requirements of the Act and the rules
                                               and discussed any comments it received
rmajette on DSK2VPTVN1PROD with NOTICES




                                                                                                       determined by the primary listing exchange for the
                                               on the proposed rule change. The text                   underlying security, but the security is not in a       and regulations thereunder that are
                                               of these statements may be examined at                  Limit State. See Rule 703A.                             applicable to a national securities
                                               the places specified in Item IV below.
                                                                                                          7 See Securities Exchange Act Release No. 71884      exchange, and, in particular, with the
                                                                                                       (April 7, 2014), 79 FR 20269 (April 11, 2014) (SR–      requirements of Section 6(b) of the Act.9
                                                                                                       ISE–2014–22).
                                                 124 17CFR 200.30–3(a)(57).                               8 See Exchange Act Release No. 74110 (January
                                                                                                                                                               In particular, the proposal is consistent
                                                 1 15 U.S.C. 78s(b)(1).                                21, 2015), 80 FR 4321 (January 27, 2015) (Eighth
                                                 2 17 CFR 240.19b–4.                                   Amendment to the Limit-Up Limit-Down Plan).              9 15   U.S.C. 78f(b).



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                                               10550                           Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Notices

                                               with Section 6(b)(5) of the Act,10                          C. Self-Regulatory Organization’s                       Commission shall institute proceedings
                                               because it is designed to promote just                      Statement on Comments on the                            to determine whether the proposed rule
                                               and equitable principles of trade,                          Proposed Rule Change Received From                      should be approved or disapproved.
                                               remove impediments to and perfect the                       Members, Participants, or Others
                                                                                                                                                                   IV. Solicitation of Comments
                                               mechanisms of a free and open market                          The Exchange has not solicited, and
                                               and a national market system and, in                        does not intend to solicit, comments on                   Interested persons are invited to
                                               general, to protect investors and the                       this proposed rule change. The                          submit written data, views, and
                                               public interest. Additionally, the                          Exchange has not received any                           arguments concerning the foregoing,
                                               Exchange believes the proposed rule                         unsolicited written comments from                       including whether the proposed rule
                                               change is consistent with the Section                       members or other interested parties.                    change is consistent with the Act.
                                               6(b)(5) 11 requirement that the rules of                    III. Date of Effectiveness of the                       Comments may be submitted by any of
                                               an exchange not be designed to permit                       Proposed Rule Change and Timing for                     the following methods:
                                               unfair discrimination between                               Commission Action
                                               customers, issuers, brokers, or dealers.                                                                            Electronic Comments
                                                                                                              Because the proposed rule change
                                                  In particular, the Exchange further                      does not (i) significantly affect the                     • Use the Commission’s Internet
                                               believes that it is necessary and                           protection of investors or the public                   comment form (http://www.sec.gov/
                                               appropriate in the interest of promoting                    interest; (ii) impose any significant                   rules/sro.shtml); or
                                               fair and orderly markets to exclude                         burden on competition; and (iii) become                   • Send an email to rule-comments@
                                               transactions executed during a Limit or                     operative for 30 days from the date on                  sec.gov. Please include File Number SR–
                                               Straddle State from certain aspects of                      which it was filed, or such shorter time                ISE–2015–07 on the subject line.
                                               Rule 720. The Exchange believes the                         as the Commission may designate if
                                               application of the current rule will be                     consistent with the protection of                       Paper Comments
                                               impracticable given the lack of a reliable                  investors and the public interest, the
                                                                                                           proposed rule change has become                           • Send paper comments in triplicate
                                               national best bid or offer in the options                                                                           to Brent J. Fields, Secretary, Securities
                                               market during Limit and Straddle                            effective pursuant to Section 19(b)(3)(A)
                                                                                                           of the Act 12 and Rule 19b–4(f)(6)(iii)                 and Exchange Commission, 100 F Street
                                               States, and that the resulting actions                                                                              NE., Washington, DC 20549–1090.
                                               (i.e., nullified trades or adjusted prices)                 thereunder.13
                                                                                                              The Exchange has asked the                           All submissions should refer to File
                                               may not be appropriate given market                         Commission to waive the 30-day
                                               conditions. Extension of this pilot                                                                                 Number SR–ISE–2015–07. This file
                                                                                                           operative delay so that the proposal may
                                               would ensure that limit orders that are                                                                             number should be included on the
                                                                                                           become operative immediately upon
                                               filled during a Limit or Straddle State                                                                             subject line if email is used. To help the
                                                                                                           filing. The Commission believes that
                                               would have certainty of execution in a                                                                              Commission process and review your
                                                                                                           waiving the 30-day operative delay is
                                               manner that promotes just and equitable                     consistent with the protection of                       comments more efficiently, please use
                                               principles of trade, removes                                investors and the public interest, as it                only one method. The Commission will
                                               impediments to, and perfects the                            will allow the obvious error pilot                      post all comments on the Commission’s
                                               mechanism of a free and open market                         program to continue uninterrupted                       Internet Web site (http://www.sec.gov/
                                               and a national market system. Thus, the                     while the industry gains further                        rules/sro.shtml). Copies of the
                                               Exchange believes that the protections                      experience operating under the Plan,                    submission, all subsequent
                                               of the pilot should continue while the                      and avoid any investor confusion that                   amendments, all written statements
                                               industry gains further experience                           could result from a temporary                           with respect to the proposed rule
                                               operating the Plan.                                         interruption in the pilot program. For                  change that are filed with the
                                                                                                           this reason, the Commission designates                  Commission, and all written
                                               B. Self-Regulatory Organization’s                           the proposed rule change to be operative                communications relating to the
                                               Statement on Burden on Competition                          upon filing.14                                          proposed rule change between the
                                                                                                              At any time within 60 days of the                    Commission and any person, other than
                                                 The Exchange does not believe that                        filing of the proposed rule change, the                 those that may be withheld from the
                                               the proposed rule change will impose                        Commission summarily may                                public in accordance with the
                                               any burden on competition that is not                       temporarily suspend such rule change if                 provisions of 5 U.S.C. 552, will be
                                               necessary or appropriate in furtherance                     it appears to the Commission that such                  available for Web site viewing and
                                               of the purposes of the Act. Specifically,                   action is necessary or appropriate in the               printing in the Commission’s Public
                                               the Exchange believes that, by extending                    public interest, for the protection of                  Reference Room, 100 F Street NE.,
                                               the expiration of the pilot, the proposed                   investors, or otherwise in furtherance of               Washington, DC 20549 on official
                                               rule change will allow for further                          the purposes of the Act. If the                         business days between the hours of
                                               analysis of the pilot and a determination                   Commission takes such action, the                       10:00 a.m. and 3:00 p.m. Copies of such
                                               of how the pilot shall be structured in                                                                             filing also will be available for
                                               the future. In doing so, the proposed                         12 15  U.S.C. 78s(b)(3)(A).                           inspection and copying at the principal
                                                                                                             13 17  CFR 240.19b–4(f)(6)(iii). As required under
                                               rule change will also serve to promote                                                                              office of the Exchange. All comments
                                                                                                           Rule 19b–4(f)(6)(iii), the Exchange provided the
                                               regulatory clarity and consistency,                         Commission with written notice of its intent to file    received will be posted without change;
                                               thereby reducing burdens on the                             the proposed rule change, along with a brief            the Commission does not edit personal
rmajette on DSK2VPTVN1PROD with NOTICES




                                               marketplace and facilitating investor                       description and the text of the proposed rule           identifying information from
                                               protection.                                                 change, at least five business days prior to the date
                                                                                                           of filing of the proposed rule change, or such
                                                                                                                                                                   submissions. You should submit only
                                                                                                           shorter time as designated by the Commission.           information that you wish to make
                                                                                                              14 For purposes only of waiving the 30-day           available publicly. All submissions
                                                                                                           operative delay, the Commission has also                should refer to File Number SR–ISE–
                                                                                                           considered the proposed rule’s impact on
                                                 10 15    U.S.C. 78f(b)(5).                                efficiency, competition, and capital formation. See
                                                                                                                                                                   2015–07, and should be submitted on or
                                                 11 Id.                                                    15 U.S.C. 78c(f).                                       before March 19, 2015.


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                                                                           Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Notices                                                    10551

                                                  For the Commission, by the Division of               methodology. In order to provide the                   Market Volatility Pursuant to Rule 608
                                               Trading and Markets, pursuant to delegated              Commission with sufficient time to                     of Regulation NMS under the Act (the
                                               authority.15                                            consider the proposed rule change, the                 ‘‘Limit Up-Limit Down Plan’’ or the
                                               Jill M. Peterson,                                       Commission finds it is appropriate to                  ‘‘Plan’’).3 The Exchange proposes to
                                               Assistant Secretary.                                    designate a longer period within which                 extend the pilot period until October 23,
                                               [FR Doc. 2015–03958 Filed 2–25–15; 8:45 am]             to take action on the proposed rule                    2015.
                                               BILLING CODE 8011–01–P                                  change.                                                   The text of the proposed rule change
                                                                                                         Accordingly, the Commission,                         is available on the Exchange’s Web site
                                                                                                       pursuant to Section 19(b)(2) of the Act,5              at http://nasdaq.cchwallstreet.com, at
                                               SECURITIES AND EXCHANGE                                 designates April 9, 2015, as the date by               the principal office of the Exchange, and
                                               COMMISSION                                              which the Commission should either                     at the Commission’s Public Reference
                                               [Release No. 34–74341; File No. SR–ICC–                 approve or disapprove, or institute                    Room.
                                               2014–24]                                                proceedings to determine whether to
                                                                                                       disapprove, the proposed rule change                   II. Self-Regulatory Organization’s
                                               Self-Regulatory Organizations; ICE                      (File No. SR–ICC–2014–24).                             Statement of the Purpose of, and
                                               Clear Credit, LLC; Notice of                                                                                   Statutory Basis for, the Proposed Rule
                                                                                                          For the Commission, by the Division of
                                               Designation of Longer Period for                        Trading and Markets, pursuant to delegated             Change
                                               Commission Action on Proposed Rule                      authority.6                                              In its filing with the Commission, the
                                               Change To Revise the ICC Risk                           Jill M. Peterson,                                      Exchange included statements
                                               Management Framework                                    Assistant Secretary.                                   concerning the purpose of and basis for
                                               February 20, 2015.                                      [FR Doc. 2015–03964 Filed 2–25–15; 8:45 am]            the proposed rule change and discussed
                                                  On December 22, 2014, ICE Clear                      BILLING CODE 8011–01–P                                 any comments it received on the
                                               Credit LLC (‘‘ICC’’) filed with the                                                                            proposed rule change. The text of these
                                               Securities and Exchange Commission                                                                             statements may be examined at the
                                               (‘‘Commission’’), pursuant to Section                   SECURITIES AND EXCHANGE                                places specified in Item IV below. The
                                               19(b)(1) of the Securities Exchange Act                 COMMISSION                                             Exchange has prepared summaries, set
                                               of 1934 (‘‘Act’’) 1 and Rule 19b–4                      [Release No. 34–74336; File No. SR–                    forth in sections A, B, and C below, of
                                               thereunder,2 a proposed rule change to                  NASDAQ–2015–016]                                       the most significant aspects of such
                                               make revisions to the ICC Risk                                                                                 statements.
                                               Management Framework (SR–ICC–                           Self-Regulatory Organizations; The
                                                                                                                                                              A. Self-Regulatory Organization’s
                                               2014–24). The proposed rule change                      NASDAQ Stock Market LLC; Notice of
                                                                                                                                                              Statement of the Purpose of, and
                                               was published for comment in the                        Filing and Immediate Effectiveness of
                                                                                                                                                              Statutory Basis for, the Proposed Rule
                                               Federal Register on January 9, 2015.3 To                Proposed Rule Change To Amend
                                                                                                                                                              Change
                                               date, the Commission has not received                   Chapter V, Regulation of Trading on
                                               comments on the proposal.                               NOM, To Extend the Pilot Program                       1. Purpose
                                                  Section 19(b)(2) of the Act 4 provides               Under Section 3(d)(iv)
                                                                                                                                                                 In April 2013, the Commission
                                               that within 45 days of the publication of
                                                                                                       February 20, 2015.                                     approved a proposal, on a one year pilot
                                               notice of the filing of a proposed rule
                                                                                                          Pursuant to Section 19(b)(1) of the                 basis, to adopt Chapter V, Section
                                               change, or within such longer period up
                                                                                                       Securities Exchange Act of 1934                        3(d)(iv) to provide for how the Exchange
                                               to 90 days as the Commission may
                                               designate if it finds such longer period                (‘‘Act’’),1 and Rule 19b–4 thereunder,2                will treat obvious and catastrophic
                                               to be appropriate and publishes its                     notice is hereby given that, on February               options errors in response to the Plan,
                                               reasons for so finding or as to which the               19, 2015, The NASDAQ Stock Market                      which is applicable to all NMS stocks,
                                               self-regulatory organization consents,                  LLC (‘‘Nasdaq’’ or ‘‘Exchange’’) filed                 as defined in Regulation NMS Rule
                                               the Commission shall either approve the                 with the Securities and Exchange                       600(b)(47).4 The Plan is designed to
                                               proposed rule change, disapprove the                    Commission (‘‘SEC’’ or ‘‘Commission’’)                 prevent trades in individual NMS stocks
                                               proposed rule change, or institute                      the proposed rule change as described                  from occurring outside of specified
                                               proceedings to determine whether the                    in Items I and II below, which Items                   Price Bands.5 The requirements of the
                                               proposed rule change should be                          have been prepared by the Exchange.                    Plan are coupled with Trading Pauses to
                                               disapproved. The 45th day from the                      The Commission is publishing this                      accommodate more fundamental price
                                               publication of notice of filing of this                 notice to solicit comments on the                      moves (as opposed to erroneous trades
                                               proposed rule change is February 23,                    proposed rule change from interested                   or momentary gaps in liquidity).
                                               2015. The Commission is extending this                  persons.                                                  The Exchange extended the operation
                                               45-day time period.                                     I. Self-Regulatory Organization’s                      of Chapter V, Section 3(d)(iv), which
                                                  ICC’s proposed rule change would                     Statement of the Terms of the Substance                provides that trades are not subject to an
                                               revise the ICC Risk Management                          of the Proposed Rule Change                            obvious error or catastrophic error
                                               Framework to, among other things,                                                                              review pursuant to Chapter V, Sections
                                                                                                          The Exchange proposes to amend                      6(b) or 6(f) during a Limit State or
                                               incorporate risk model changes related
                                                                                                       Chapter V, Regulation of Trading on
                                               to Recovery Rate Sensitivity
                                                                                                       NOM, to extend the pilot program under
                                               Requirements, anti-procyclicality, and                                                                           3 Securities Exchange Act Release No. 69341
                                                                                                       Section 3(d)(iv), which provides for how               (April 8, 2013), 78 FR 21996 (April 12, 2013) (SR–
                                               ICC’s Guaranty Fund allocation
                                                                                                       the Exchange treats obvious and
rmajette on DSK2VPTVN1PROD with NOTICES




                                                                                                                                                              NASDAQ–2013–048).
                                                 15 17  CFR 200.30–3(a)(12).
                                                                                                       catastrophic options errors in response                  4 The Plan was extended until February 20, 2015.

                                                                                                       to the Plan to Address Extraordinary                   The Plan was initially approved for a one-year pilot
                                                 1 15  U.S.C. 78s(b)(1).                                                                                      period, which began on April 8, 2013. Securities
                                                  2 17 CFR 240.19b–4.
                                                                                                                                                              Exchange Act Release No. 71649 (March 5, 2014),
                                                  3 Securities Exchange Act Release No. 34–73980         5 15 U.S.C. 78s(b)(2).                               79 FR 13696 (March 11, 2014).
                                                                                                         6 17 CFR 200.30–3(a)(31).
                                               (Jan. 5, 2015), 80 FR 1466 (Jan. 9, 2015) (SR–ICC–                                                               5 Unless otherwise specified, capitalized terms
                                               2014–24).                                                 1 15 U.S.C. 78s(b)(1).
                                                                                                                                                              used in this rule filing are based on the defined
                                                  4 15 U.S.C. 78s(b)(2).                                 2 17 CFR 240.19b–4.                                  terms of the Plan.



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Document Created: 2015-12-18 13:05:08
Document Modified: 2015-12-18 13:05:08
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 10549 

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