80_FR_12710 80 FR 12664 - Self-Regulatory Organizations; NYSE Arca, Inc.; Order Granting Approval of a Proposed Rule Change, as Modified by Amendment No. 1, To Amend Rule 6.60 and To Adopt Rule 6.61, Which Was Previously Reserved, To Provide Price Protection for Market Maker Quotes

80 FR 12664 - Self-Regulatory Organizations; NYSE Arca, Inc.; Order Granting Approval of a Proposed Rule Change, as Modified by Amendment No. 1, To Amend Rule 6.60 and To Adopt Rule 6.61, Which Was Previously Reserved, To Provide Price Protection for Market Maker Quotes

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 46 (March 10, 2015)

Page Range12664-12666
FR Document2015-05497

Federal Register, Volume 80 Issue 46 (Tuesday, March 10, 2015)
[Federal Register Volume 80, Number 46 (Tuesday, March 10, 2015)]
[Notices]
[Pages 12664-12666]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-05497]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74441; File No. SR-NYSEArca-2014-150]


Self-Regulatory Organizations; NYSE Arca, Inc.; Order Granting 
Approval of a Proposed Rule Change, as Modified by Amendment No. 1, To 
Amend Rule 6.60 and To Adopt Rule 6.61, Which Was Previously Reserved, 
To Provide Price Protection for Market Maker Quotes

March 4, 2015.

I. Introduction

    On December 29, 2014, NYSE Arca, Inc. (``Exchange'') filed with the 
Securities and Exchange Commission (``Commission''), pursuant to 
Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\ 
and Rule 19b-4 thereunder,\2\ a proposed rule change to amend Exchange 
Rule 6.60 (Price Protection) and to adopt Exchange Rule 6.61 to provide 
price protection for Market Maker quotes. The proposed rule change was 
published for comment in the Federal Register on January 14, 2015.\3\ 
The Commission received no comment letters on the proposal. On March 2, 
2015, the Exchange filed Amendment No. 1 to the proposed rule 
change.\4\ This order approves the proposed rule change, as modified by 
Amendment No. 1 thereto.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 74018 (January 8, 
2015), 80 FR 1982 (``Notice'').
    \4\ In Amendment No. 1, the Exchange clarified that it believes 
that Market Maker bids should not be priced the same as or higher 
than the corresponding benchmark, which would be the price of the 
underlying security for call options and the strike price for put 
options. Amendment No. 1 does not change any of the proposed rule 
text that was submitted in the original filing. Amendment No. 1 is 
technical in nature and, therefore, the Commission is not publishing 
it for comment.
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II. Description of the Proposal

    The Exchange proposed to amend Exchange Rule 6.60 and to adopt 
Exchange Rule 6.61, which was previously Reserved, to provide price 
protection for Market Maker quotes. Exchange Rule 6.60 currently 
applies and will continue to apply solely to orders. Exchange Rule 
6.60(b), provides a price protection filter for incoming limit orders, 
pursuant to which the Exchange rejects limit orders priced a specified 
percentage \5\ through the National Best Bid (``NBB'') or National Best 
Offer (``NBO'') (``Limit Order Filter''). To clarify that Exchange Rule 
6.60 applies only to orders, the Exchange proposed to append the word 
``Orders'' to the Exchange Rule 6.60 header to provide ``Rule 6.60. 
Price Protection--Orders.'' \6\


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    \5\ Pursuant to Exchange Rule 6.60(b), unless determined 
otherwise by the Exchange and announced to OTP Holders and OTP Firms 
via Trader Update, the specified percentage is 100% for the contra-
side NBB or NBO priced at or below $1.00 and 50% for contra-side NBB 
or NBO priced above $1.00. See Notice, supra note 3, at 1983.
    \6\ See Notice, supra note 3, at 1983.
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A. Proposed Market Maker Quote Price Protection

    The Exchange proposed to adopt new Exchange Rule 6.61 to provide 
for a price protection mechanism for quotes entered by a Market Maker. 
Exchange Rule 6.61(a) will provide price protection filters applicable 
only for quotes entered by a Market Maker pursuant to Rule 6.37B and 
will not be applicable to orders entered by a Market Maker. The 
Exchange proposed to provide for two layers of price protection that 
will be applicable to all incoming Market Maker quotes.\7\ The first 
layer of price protection will assess incoming sell quotes against the 
NBB and incoming buy quotes against the NBO.\8\ The second layer of 
price protection will assess the price of call or put bids against a 
specified benchmark.
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    \7\ The Exchange states that the proposal will assist with the 
maintenance of fair and orderly markets by averting the risk of 
Market Maker quotes sweeping through multiple price points resulting 
in executions at prices that are through the last sale price or 
National Best Bid or Best Offer (``NBBO''). See Notice, supra note 
3, at 1983.
    \8\ The Exchange represents that this proposed price protection 
mechanism is similar to the Exchange's Limit Order Filter. See 
Notice, supra note 3, at 1983.
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1. NBBO Price Reasonability Check
    Proposed Exchange Rule 6.61(a)(1) sets forth the Exchange's 
proposed NBBO price reasonability check, which will compare Market 
Maker bids with the NBO and Market Maker offers with the NBB. 
Specifically, provided that an NBBO is available, a Market Maker quote 
will be rejected if it is priced a specified dollar amount or 
percentage through the contra-side NBBO as follows:
    (A) $1.00 for Market Maker bids when the contra-side NBO is priced 
at or below $1.00; or
    (B) 50% for Market Maker bids (offers) when the contra-side NBO 
(NBB) is priced above $1.00.
    The Exchange will reject inbound Market Maker quotes that exceed 
the parameters set forth in proposed Exchange Rule 6.61(a)(1)(A)-
(B).\9\ The

[[Page 12665]]

Exchange states that it has proposed a specific dollar threshold for 
when the NBO is priced at or below $1.00 because, for such low-priced 
NBOs, the Exchange believes it is appropriate to provide Market Makers 
with the ability to enter quotes at least $1.00 higher than the 
prevailing NBO.\10\ For example, if the NBO were $0.06, when using a 
100% filter, the Exchange would be required to reject any bids priced 
$0.12 or more. In addition, the Exchange proposed that pursuant to 
proposed Exchange Rule 6.61(a)(1)(A), Market Maker offers that arrive 
when the NBB is priced at or below $1.00 will not be subject to this 
filter. The Exchange notes that when the NBB is priced at or below 
$1.00, the price of an offer will be bound by $0.00, and therefore an 
offer will always be less than $1.00 away from the NBB.\11\
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    \9\ The Exchange states that the proposed percentages are 
appropriate because they are based on the percentages established 
for the Limit Order Filter. See Notice, supra note 3, at 1983.
    \10\ See Notice, supra note 3, at 1983.
    \11\ The Exchange states that such offer prices would likely not 
be erroneous and therefore the Exchange does not believe it 
necessary to reject such Market Maker offers. See Notice, supra note 
3, at 1983.
---------------------------------------------------------------------------

    Because there may be market scenarios that require the proposed 
parameters to be adjusted, for example, during periods of extreme price 
volatility, the Exchange has further proposed that the Exchange may 
revise these parameters, provided such revised parameters are announced 
to OTP Holders or OTP Firms via a Trader Update.\12\
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    \12\ See proposed Exchange Rule 6.61(a)(1)(A)-(B) (setting forth 
the specified dollar amount or percentages ``unless determined 
otherwise by the Exchange and announced to OTP Holders and OTP Firms 
via Trader Update'').
---------------------------------------------------------------------------

    The Exchange also proposed that if a Market Maker quote is rejected 
pursuant to paragraph (a)(1) of the proposed rule, the Exchange will 
also cancel any resting same-side quote in the affected series from 
that Market Maker.\13\ According to the Exchange, even if the new quote 
is rejected because it is priced a specified dollar amount or 
percentage through the contra-side NBBO, in violation of proposed 
Exchange Rule 6.61(a)(1), the Market Maker's implicit instruction to 
cancel the resting quote remains valid nonetheless.\14\
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    \13\ See proposed Exchange Rule 6.61(b). The Exchange states 
that it believes it is appropriate to reject any resting same-side 
quote because when a Market Maker submits a new quote, that Market 
Maker is implicitly instructing the Exchange to cancel any resting 
quote in that same series. See Notice, supra note 3, at 1983.
    \14\ See Notice, supra note 3, at 1984 for examples illustrating 
how proposed Exchange Rule 6.61(a) will operate.
---------------------------------------------------------------------------

2. Underlying Stock Price/Strike Price Check
    The Exchange also has proposed new Exchange Rule 6.61(a)(2) and (3) 
which will set forth the Exchange's proposed second layer of price 
protection filters for Market Maker quotes. These price protection 
mechanisms will be applicable when either there is no NBBO available, 
for example, during pre-opening or prior to conducting a re-opening 
after a trading halt, or if the NBBO is so wide as to not to reflect an 
appropriate price for the respective options series. Proposed Exchange 
Rule 6.61(a)(2) will also provide price protection for Market Maker 
bids in call options. As proposed, if such bids equal or exceed the 
price of the underlying security, the Market Maker bid will be 
rejected.\15\
---------------------------------------------------------------------------

    \15\ See proposed Exchange Rule 6.61(a)(2). With a call bid, a 
Market Maker is bidding to buy an option that would be exercised 
into the right to acquire the underlying security. The Exchange 
states that it does not believe that a derivative product, which 
conveys the right to purchase a security underlying the derivative, 
should ever be priced the same as or higher than the prevailing 
price of the underlying security itself. Accordingly, the Exchange 
believes it is appropriate to reject Market Maker bids for call 
options that are equal to or in excess of the price of the 
underlying security. See Notice, supra note 3, at 1984. See also 
Amendment No. 1, supra note 4.
---------------------------------------------------------------------------

    Under new Exchange Rule 6.61(a)(2)(A), before the underlying 
security is open, the Exchange will use the previous day's closing 
price to determine the price of the underlying security.\16\ Under new 
Exchange Rule 6.61(a)(2)(B), once the underlying security has opened, 
the Exchange will use the consolidated last sale price to determine the 
price of the underlying security. Under new Exchange Rule 
6.61(a)(2)(C), during a trading halt of the underlying security, the 
Exchange will use the consolidated last sale reported immediately prior 
to the trading halt to determine the price of the underlying 
security.\17\ New Exchange Rule 6.61(a)(3) will provide for price 
protection for Market Maker bids in put options. In particular, any 
Market Maker bid for put options will be rejected if the price of the 
bid is equal to or greater than the strike price of the option.\18\
---------------------------------------------------------------------------

    \16\ According to the Exchange, although the underlying 
securities may trade in the equities markets outside of 9:30 a.m. ET 
to 4:00 p.m. ET, the equities market is generally not as liquid 
during this time and equity market makers generally do not have 
quoting obligations in after-hours trading. Therefore, the Exchange 
believes that using the previous day's closing price--based on 
trading during Core Trading Hours, when the market is most liquid--
provides a more accurate benchmark and thus a more precise price 
protection filter for underlying securities that have not yet 
opened. See Notice, supra note 3, at 1984.
    \17\ The Exchange believes that the consolidated last sale price 
for an underlying security that has already opened will provide the 
most accurate benchmark because the market is most liquid during 
Core Trading Hours. See Notice, supra note 3, at 1984.
    \18\ The Exchange states that the value of a put can never 
exceed the strike price of the option, even if the stock goes to 
zero. For example, a put with a strike price of $50 gives the holder 
the right to sell the underlying security for $50 (no more, or no 
less), therefore the Exchange states that it would be illogical to 
pay $50 or more for the right to sell that underlying security, no 
matter what the price of the underlying security. See Notice, supra 
note 3, at 1984. See also Amendment No. 1, supra note 4.
---------------------------------------------------------------------------

    The Exchange also has proposed that when a Market Maker quote is 
rejected pursuant to paragraph (a)(2) or (a)(3) of the proposed rule, 
the Exchange will also cancel all resting quote(s) in the affected 
class(es) from that Market Maker and will not accept new quote(s) in 
the affected class(es) until the Market Maker submits a message (which 
may be automated) to the Exchange to enable the entry of new 
quotes.\19\
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    \19\ See proposed Exchange Rule 6.61(b). The Exchange believes 
that this temporary suspension from quoting in the affected option 
class(es) would operate as a safety valve that forces Market Makers 
to re-evaluate their positions before requesting to re-enter the 
market. See Notice, supra note 3, at 1984. See also Notice, supra 
note 3, at 1984-5 for examples illustrating how proposed Exchange 
Rule 6.61(a)(2) and (a)(3) would operate.
---------------------------------------------------------------------------

B. Implementation

    The Exchange stated that it would announce the implementation date 
of the proposed rule change in a Trader Update and publish such 
announcement at least 30 days prior to implementation.

III. Discussion and Commission Findings

    After careful review, the Commission finds that the proposed rule 
change is consistent with the requirements of the Act and the rules and 
regulations thereunder applicable to a national securities exchange 
and, in particular, with Section 6(b) of the Act.\20\ In particular, 
the Commission finds that the proposed rule change is consistent with 
Sections 6(b)(5) of the Act,\21\ which requires, among other things, 
that the rules of a national securities exchange be designed to prevent 
fraudulent and manipulative acts and practices, to promote just and 
equitable principles of trade, to foster cooperation and coordination 
with persons engaged in regulating, clearing, settling, processing 
information with respect to, and facilitating transactions in 
securities, to remove impediments to and perfect the mechanism of a 
free and open market and a national market system, and, in

[[Page 12666]]

general, to protect investors and the public interest.
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    \20\ 15 U.S.C. 78f(b). In approving this proposed rule change, 
the Commission has considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
    \21\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The proposed rule change provides a price protection mechanism for 
quotes entered by a Market Maker when an NBBO is available that are 
priced a specified dollar amount or percentage through the last sale or 
prevailing contra-side market, which the Exchange believes is evidence 
of error. The Commission believes that the proposed price protection 
mechanism is reasonably designed to promote just and equitable 
principles of trade by preventing potential price dislocation that 
could result from erroneous Market Maker quotes sweeping through 
multiple price points resulting in executions at prices that are 
through the last sale price or NBBO.\22\
---------------------------------------------------------------------------

    \22\ See Notice, supra note 3, at 1985.
---------------------------------------------------------------------------

    The Exchange's proposed use of benchmarks to check the 
reasonability of Market Maker bids for call and put options affords a 
second layer of price protection to Market Maker quotes. The Commission 
believes that the additional price reasonability check on Market Maker 
bids that are priced equal to or greater than the price of the 
underlying security for call options, and equal to or greater than the 
strike price for put options, is reasonably designed to operate in 
manner that would remove impediments to and perfect the mechanism of a 
free and open market and protect investors and the public interest. 
Further, the Commission notes the Exchange's belief that the additional 
risk controls that result in the cancellation of a Market Maker's 
resting same side quote and/or the temporary suspension a Market 
Maker's quoting activity in the affected option class(es), as 
applicable, provide market participants with additional protection from 
anomalous executions.\23\
---------------------------------------------------------------------------

    \23\ See Notice, supra note 3, at 1985.
---------------------------------------------------------------------------

    Accordingly, the Commission believes that the proposed price 
protection for Market Maker quotes is reasonably designed to prevent 
fraudulent and manipulative acts and practices, to promote just and 
equitable principles of trade, to foster cooperation and coordination 
with persons engaged in regulating, clearing, settling, processing 
information with respect to, and facilitating transactions in 
securities, to remove impediments to and perfect the mechanism of a 
free and open market and a national market system, and, in general, to 
protect investors and the public interest.

IV. Conclusion

    For the foregoing reasons, the Commission finds that the proposed 
rule change is consistent with the Act and the rules and regulations 
thereunder applicable to a national securities exchange.
    It is therefore ordered, pursuant to Section 19(b)(2) of the 
Act,\24\ that the proposed rule change (SR-NYSEArca-2014-150), as 
modified by Amendment No. 1, be, and hereby is, approved.
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    \24\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\25\
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    \25\ 17 CFR 200.30-3(a)(12).
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Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2015-05497 Filed 3-9-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                  12664                            Federal Register / Vol. 80, No. 46 / Tuesday, March 10, 2015 / Notices

                                                  including whether the proposed rule                       SECURITIES AND EXCHANGE                                 National Best Bid (‘‘NBB’’) or National
                                                  change is consistent with the Act.                        COMMISSION                                              Best Offer (‘‘NBO’’) (‘‘Limit Order
                                                  Comments may be submitted by any of                                                                               Filter’’). To clarify that Exchange Rule
                                                                                                            [Release No. 34–74441; File No. SR–
                                                  the following methods:                                    NYSEArca–2014–150]
                                                                                                                                                                    6.60 applies only to orders, the
                                                                                                                                                                    Exchange proposed to append the word
                                                  Electronic Comments
                                                                                                            Self-Regulatory Organizations; NYSE                     ‘‘Orders’’ to the Exchange Rule 6.60
                                                    • Use the Commission’s Internet                         Arca, Inc.; Order Granting Approval of                  header to provide ‘‘Rule 6.60. Price
                                                  comment form (http://www.sec.gov/                         a Proposed Rule Change, as Modified                     Protection—Orders.’’ 6
                                                  rules/sro.shtml); or                                      by Amendment No. 1, To Amend Rule
                                                    • Send an email to rule-comments@                       6.60 and To Adopt Rule 6.61, Which
                                                                                                            Was Previously Reserved, To Provide                     A. Proposed Market Maker Quote Price
                                                  sec.gov. Please include File Number SR–                                                                           Protection
                                                  PHLX–2015–20 on the subject line.                         Price Protection for Market Maker
                                                                                                            Quotes                                                     The Exchange proposed to adopt new
                                                  Paper Comments                                                                                                    Exchange Rule 6.61 to provide for a
                                                                                                            March 4, 2015.
                                                                                                                                                                    price protection mechanism for quotes
                                                    • Send paper comments in triplicate                     I. Introduction                                         entered by a Market Maker. Exchange
                                                  to Brent J. Fields, Secretary, Securities                                                                         Rule 6.61(a) will provide price
                                                  and Exchange Commission, 100 F Street                        On December 29, 2014, NYSE Arca,
                                                                                                            Inc. (‘‘Exchange’’) filed with the                      protection filters applicable only for
                                                  NE., Washington, DC 20549.                                                                                        quotes entered by a Market Maker
                                                                                                            Securities and Exchange Commission
                                                  All submissions should refer to File                      (‘‘Commission’’), pursuant to Section                   pursuant to Rule 6.37B and will not be
                                                  Number SR–PHLX–2015–20. This file                         19(b)(1) of the Securities Exchange Act                 applicable to orders entered by a Market
                                                  number should be included on the                          of 1934 (‘‘Act’’) 1 and Rule 19b–4                      Maker. The Exchange proposed to
                                                  subject line if email is used. To help the                thereunder,2 a proposed rule change to                  provide for two layers of price
                                                  Commission process and review your                        amend Exchange Rule 6.60 (Price                         protection that will be applicable to all
                                                  comments more efficiently, please use                     Protection) and to adopt Exchange Rule                  incoming Market Maker quotes.7 The
                                                  only one method. The Commission will                      6.61 to provide price protection for                    first layer of price protection will assess
                                                  post all comments on the Commission’s                     Market Maker quotes. The proposed rule                  incoming sell quotes against the NBB
                                                  Internet Web site (http://www.sec.gov/                    change was published for comment in                     and incoming buy quotes against the
                                                  rules/sro.shtml). Copies of the                           the Federal Register on January 14,                     NBO.8 The second layer of price
                                                  submission, all subsequent                                2015.3 The Commission received no                       protection will assess the price of call or
                                                  amendments, all written statements                        comment letters on the proposal. On                     put bids against a specified benchmark.
                                                  with respect to the proposed rule                         March 2, 2015, the Exchange filed                       1. NBBO Price Reasonability Check
                                                  change that are filed with the                            Amendment No. 1 to the proposed rule
                                                  Commission, and all written                               change.4 This order approves the                           Proposed Exchange Rule 6.61(a)(1)
                                                  communications relating to the                            proposed rule change, as modified by                    sets forth the Exchange’s proposed
                                                  proposed rule change between the                          Amendment No. 1 thereto.                                NBBO price reasonability check, which
                                                  Commission and any person, other than                                                                             will compare Market Maker bids with
                                                                                                            II. Description of the Proposal                         the NBO and Market Maker offers with
                                                  those that may be withheld from the
                                                  public in accordance with the                                The Exchange proposed to amend                       the NBB. Specifically, provided that an
                                                  provisions of 5 U.S.C. 552, will be                       Exchange Rule 6.60 and to adopt                         NBBO is available, a Market Maker
                                                  available for Web site viewing and                        Exchange Rule 6.61, which was                           quote will be rejected if it is priced a
                                                  printing in the Commission’s Public                       previously Reserved, to provide price                   specified dollar amount or percentage
                                                  Reference Room, 100 F Street NE.,                         protection for Market Maker quotes.                     through the contra-side NBBO as
                                                  Washington, DC 20549, on official                         Exchange Rule 6.60 currently applies                    follows:
                                                  business days between the hours of                        and will continue to apply solely to                       (A) $1.00 for Market Maker bids when
                                                  10:00 a.m. and 3:00 p.m. Copies of such                   orders. Exchange Rule 6.60(b), provides                 the contra-side NBO is priced at or
                                                  filing also will be available for                         a price protection filter for incoming                  below $1.00; or
                                                  inspection and copying at the principal                   limit orders, pursuant to which the                        (B) 50% for Market Maker bids (offers)
                                                  office of the Exchange. All comments                      Exchange rejects limit orders priced a                  when the contra-side NBO (NBB) is
                                                  received will be posted without change;                   specified percentage 5 through the                      priced above $1.00.
                                                  the Commission does not edit personal                                                                                The Exchange will reject inbound
                                                  identifying information from
                                                                                                              1 15  U.S.C. 78s(b)(1).                               Market Maker quotes that exceed the
                                                  submissions. You should submit only
                                                                                                              2 17  CFR 240.19b–4.                                  parameters set forth in proposed
                                                                                                               3 See Securities Exchange Act Release No. 74018
                                                  information that you wish to make                                                                                 Exchange Rule 6.61(a)(1)(A)–(B).9 The
                                                                                                            (January 8, 2015), 80 FR 1982 (‘‘Notice’’).
                                                  available publicly. All submissions                          4 In Amendment No. 1, the Exchange clarified
                                                                                                                                                                      6 See
                                                                                                            that it believes that Market Maker bids should not               Notice, supra note 3, at 1983.
                                                  should refer to File Number SR–PHLX–                                                                                7 The  Exchange states that the proposal will assist
                                                                                                            be priced the same as or higher than the
                                                  2015–20 and should be submitted on or                     corresponding benchmark, which would be the             with the maintenance of fair and orderly markets
                                                  before March 31, 2015.                                    price of the underlying security for call options and   by averting the risk of Market Maker quotes
                                                                                                            the strike price for put options. Amendment No. 1       sweeping through multiple price points resulting in
                                                    For the Commission, by the Division of                                                                          executions at prices that are through the last sale
                                                                                                            does not change any of the proposed rule text that
                                                  Trading and Markets, pursuant to delegated                was submitted in the original filing. Amendment         price or National Best Bid or Best Offer (‘‘NBBO’’).
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  authority.14                                              No. 1 is technical in nature and, therefore, the        See Notice, supra note 3, at 1983.
                                                                                                            Commission is not publishing it for comment.              8 The Exchange represents that this proposed
                                                  Brent J. Fields,
                                                                                                               5 Pursuant to Exchange Rule 6.60(b), unless          price protection mechanism is similar to the
                                                  Secretary.                                                determined otherwise by the Exchange and                Exchange’s Limit Order Filter. See Notice, supra
                                                  [FR Doc. 2015–05481 Filed 3–9–15; 8:45 am]                announced to OTP Holders and OTP Firms via              note 3, at 1983.
                                                  BILLING CODE 8011–01–P
                                                                                                            Trader Update, the specified percentage is 100% for       9 The Exchange states that the proposed

                                                                                                            the contra-side NBB or NBO priced at or below           percentages are appropriate because they are based
                                                                                                            $1.00 and 50% for contra-side NBB or NBO priced         on the percentages established for the Limit Order
                                                    14 17   CFR 200.30–3(a)(12).                            above $1.00. See Notice, supra note 3, at 1983.         Filter. See Notice, supra note 3, at 1983.



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                                                                                 Federal Register / Vol. 80, No. 46 / Tuesday, March 10, 2015 / Notices                                                         12665

                                                  Exchange states that it has proposed a                  2. Underlying Stock Price/Strike Price                   bid for put options will be rejected if the
                                                  specific dollar threshold for when the                  Check                                                    price of the bid is equal to or greater
                                                  NBO is priced at or below $1.00                            The Exchange also has proposed new                    than the strike price of the option.18
                                                  because, for such low-priced NBOs, the                  Exchange Rule 6.61(a)(2) and (3) which                      The Exchange also has proposed that
                                                  Exchange believes it is appropriate to                  will set forth the Exchange’s proposed                   when a Market Maker quote is rejected
                                                  provide Market Makers with the ability                  second layer of price protection filters                 pursuant to paragraph (a)(2) or (a)(3) of
                                                  to enter quotes at least $1.00 higher than              for Market Maker quotes. These price                     the proposed rule, the Exchange will
                                                  the prevailing NBO.10 For example, if                   protection mechanisms will be                            also cancel all resting quote(s) in the
                                                  the NBO were $0.06, when using a                        applicable when either there is no                       affected class(es) from that Market
                                                  100% filter, the Exchange would be                      NBBO available, for example, during                      Maker and will not accept new quote(s)
                                                  required to reject any bids priced $0.12                pre-opening or prior to conducting a re-                 in the affected class(es) until the Market
                                                  or more. In addition, the Exchange                      opening after a trading halt, or if the                  Maker submits a message (which may be
                                                  proposed that pursuant to proposed                      NBBO is so wide as to not to reflect an                  automated) to the Exchange to enable
                                                  Exchange Rule 6.61(a)(1)(A), Market                     appropriate price for the respective                     the entry of new quotes.19
                                                  Maker offers that arrive when the NBB                   options series. Proposed Exchange Rule
                                                                                                                                                                   B. Implementation
                                                  is priced at or below $1.00 will not be                 6.61(a)(2) will also provide price
                                                                                                          protection for Market Maker bids in call                    The Exchange stated that it would
                                                  subject to this filter. The Exchange notes
                                                                                                          options. As proposed, if such bids equal                 announce the implementation date of
                                                  that when the NBB is priced at or below
                                                                                                          or exceed the price of the underlying                    the proposed rule change in a Trader
                                                  $1.00, the price of an offer will be                    security, the Market Maker bid will be                   Update and publish such announcement
                                                  bound by $0.00, and therefore an offer                  rejected.15                                              at least 30 days prior to implementation.
                                                  will always be less than $1.00 away                        Under new Exchange Rule
                                                  from the NBB.11                                         6.61(a)(2)(A), before the underlying                     III. Discussion and Commission
                                                     Because there may be market                          security is open, the Exchange will use                  Findings
                                                  scenarios that require the proposed                     the previous day’s closing price to                         After careful review, the Commission
                                                  parameters to be adjusted, for example,                 determine the price of the underlying                    finds that the proposed rule change is
                                                  during periods of extreme price                         security.16 Under new Exchange Rule                      consistent with the requirements of the
                                                  volatility, the Exchange has further                    6.61(a)(2)(B), once the underlying                       Act and the rules and regulations
                                                  proposed that the Exchange may revise                   security has opened, the Exchange will                   thereunder applicable to a national
                                                  these parameters, provided such revised                 use the consolidated last sale price to                  securities exchange and, in particular,
                                                                                                          determine the price of the underlying                    with Section 6(b) of the Act.20 In
                                                  parameters are announced to OTP
                                                                                                          security. Under new Exchange Rule                        particular, the Commission finds that
                                                  Holders or OTP Firms via a Trader
                                                                                                          6.61(a)(2)(C), during a trading halt of the
                                                  Update.12                                                                                                        the proposed rule change is consistent
                                                                                                          underlying security, the Exchange will
                                                     The Exchange also proposed that if a                                                                          with Sections 6(b)(5) of the Act,21 which
                                                                                                          use the consolidated last sale reported
                                                                                                                                                                   requires, among other things, that the
                                                  Market Maker quote is rejected pursuant                 immediately prior to the trading halt to
                                                                                                                                                                   rules of a national securities exchange
                                                  to paragraph (a)(1) of the proposed rule,               determine the price of the underlying
                                                                                                                                                                   be designed to prevent fraudulent and
                                                  the Exchange will also cancel any                       security.17 New Exchange Rule
                                                                                                                                                                   manipulative acts and practices, to
                                                  resting same-side quote in the affected                 6.61(a)(3) will provide for price
                                                                                                                                                                   promote just and equitable principles of
                                                  series from that Market Maker.13                        protection for Market Maker bids in put
                                                                                                                                                                   trade, to foster cooperation and
                                                  According to the Exchange, even if the                  options. In particular, any Market Maker
                                                                                                                                                                   coordination with persons engaged in
                                                  new quote is rejected because it is                                                                              regulating, clearing, settling, processing
                                                                                                             15 See proposed Exchange Rule 6.61(a)(2). With a
                                                  priced a specified dollar amount or                     call bid, a Market Maker is bidding to buy an option     information with respect to, and
                                                  percentage through the contra-side                      that would be exercised into the right to acquire the    facilitating transactions in securities, to
                                                  NBBO, in violation of proposed                          underlying security. The Exchange states that it         remove impediments to and perfect the
                                                                                                          does not believe that a derivative product, which
                                                  Exchange Rule 6.61(a)(1), the Market                    conveys the right to purchase a security underlying      mechanism of a free and open market
                                                  Maker’s implicit instruction to cancel                  the derivative, should ever be priced the same as        and a national market system, and, in
                                                  the resting quote remains valid                         or higher than the prevailing price of the underlying
                                                                                                          security itself. Accordingly, the Exchange believes
                                                  nonetheless.14                                          it is appropriate to reject Market Maker bids for call
                                                                                                                                                                      18 The Exchange states that the value of a put can

                                                                                                          options that are equal to or in excess of the price      never exceed the strike price of the option, even if
                                                    10 See                                                of the underlying security. See Notice, supra note       the stock goes to zero. For example, a put with a
                                                            Notice, supra note 3, at 1983.
                                                    11 The                                                3, at 1984. See also Amendment No. 1, supra note         strike price of $50 gives the holder the right to sell
                                                            Exchange states that such offer prices                                                                 the underlying security for $50 (no more, or no
                                                  would likely not be erroneous and therefore the         4.
                                                                                                             16 According to the Exchange, although the            less), therefore the Exchange states that it would be
                                                  Exchange does not believe it necessary to reject                                                                 illogical to pay $50 or more for the right to sell that
                                                  such Market Maker offers. See Notice, supra note        underlying securities may trade in the equities
                                                                                                                                                                   underlying security, no matter what the price of the
                                                  3, at 1983.                                             markets outside of 9:30 a.m. ET to 4:00 p.m. ET, the
                                                                                                                                                                   underlying security. See Notice, supra note 3, at
                                                     12 See proposed Exchange Rule 6.61(a)(1)(A)–(B)      equities market is generally not as liquid during this
                                                                                                          time and equity market makers generally do not           1984. See also Amendment No. 1, supra note 4.
                                                  (setting forth the specified dollar amount or                                                                       19 See proposed Exchange Rule 6.61(b). The
                                                                                                          have quoting obligations in after-hours trading.
                                                  percentages ‘‘unless determined otherwise by the                                                                 Exchange believes that this temporary suspension
                                                                                                          Therefore, the Exchange believes that using the
                                                  Exchange and announced to OTP Holders and OTP           previous day’s closing price—based on trading            from quoting in the affected option class(es) would
                                                  Firms via Trader Update’’).                             during Core Trading Hours, when the market is            operate as a safety valve that forces Market Makers
                                                     13 See proposed Exchange Rule 6.61(b). The
                                                                                                          most liquid—provides a more accurate benchmark           to re-evaluate their positions before requesting to re-
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                                                  Exchange states that it believes it is appropriate to   and thus a more precise price protection filter for      enter the market. See Notice, supra note 3, at 1984.
                                                  reject any resting same-side quote because when a       underlying securities that have not yet opened. See      See also Notice, supra note 3, at 1984–5 for
                                                  Market Maker submits a new quote, that Market           Notice, supra note 3, at 1984.                           examples illustrating how proposed Exchange Rule
                                                  Maker is implicitly instructing the Exchange to            17 The Exchange believes that the consolidated        6.61(a)(2) and (a)(3) would operate.
                                                  cancel any resting quote in that same series. See       last sale price for an underlying security that has         20 15 U.S.C. 78f(b). In approving this proposed

                                                  Notice, supra note 3, at 1983.                          already opened will provide the most accurate            rule change, the Commission has considered the
                                                     14 See Notice, supra note 3, at 1984 for examples    benchmark because the market is most liquid              proposed rule’s impact on efficiency, competition,
                                                  illustrating how proposed Exchange Rule 6.61(a)         during Core Trading Hours. See Notice, supra note        and capital formation. See 15 U.S.C. 78c(f).
                                                  will operate.                                           3, at 1984.                                                 21 15 U.S.C. 78f(b)(5).




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                                                  12666                            Federal Register / Vol. 80, No. 46 / Tuesday, March 10, 2015 / Notices

                                                  general, to protect investors and the                     rule change is consistent with the Act                   order types and order instructions, as
                                                  public interest.                                          and the rules and regulations                            further described below.
                                                     The proposed rule change provides a                    thereunder applicable to a national                         The text of the proposed rule change
                                                  price protection mechanism for quotes                     securities exchange.                                     is available at the Exchange’s Web site
                                                  entered by a Market Maker when an                           It is therefore ordered, pursuant to                   at www.batstrading.com, at the
                                                  NBBO is available that are priced a                       Section 19(b)(2) of the Act,24 that the                  principal office of the Exchange, and at
                                                  specified dollar amount or percentage                     proposed rule change (SR–NYSEArca–                       the Commission’s Public Reference
                                                  through the last sale or prevailing                       2014–150), as modified by Amendment                      Room.
                                                  contra-side market, which the Exchange                    No. 1, be, and hereby is, approved.
                                                  believes is evidence of error. The                                                                                 II. Self-Regulatory Organization’s
                                                                                                               For the Commission, by the Division of
                                                  Commission believes that the proposed                                                                              Statement of the Purpose of, and the
                                                                                                            Trading and Markets, pursuant to delegated
                                                  price protection mechanism is                             authority.25                                             Statutory Basis for, the Proposed Rule
                                                  reasonably designed to promote just and                   Jill M. Peterson,
                                                                                                                                                                     Change
                                                  equitable principles of trade by                          Assistant Secretary.                                       In its filing with the Commission, the
                                                  preventing potential price dislocation                    [FR Doc. 2015–05497 Filed 3–9–15; 8:45 am]               Exchange included statements
                                                  that could result from erroneous Market                                                                            concerning the purpose of, and basis for,
                                                                                                            BILLING CODE 8011–01–P
                                                  Maker quotes sweeping through                                                                                      the proposed rule change and discussed
                                                  multiple price points resulting in                                                                                 any comments it received on the
                                                  executions at prices that are through the                 SECURITIES AND EXCHANGE                                  proposed rule change. The text of these
                                                  last sale price or NBBO.22                                COMMISSION                                               statements may be examined at the
                                                     The Exchange’s proposed use of                                                                                  places specified in Item IV below. The
                                                  benchmarks to check the reasonability                     [Release No. 34–74439; File No. SR–EDGX–
                                                                                                            2015–08]                                                 Exchange has prepared summaries, set
                                                  of Market Maker bids for call and put                                                                              forth in Sections A, B and C below, of
                                                  options affords a second layer of price                                                                            the most significant parts of such
                                                                                                            Self-Regulatory Organizations; EDGX
                                                  protection to Market Maker quotes. The                                                                             statements.
                                                                                                            Exchange, Inc.; Notice of Filing of a
                                                  Commission believes that the additional
                                                                                                            Proposed Rule Change, as Modified by                     A. Self-Regulatory Organization’s
                                                  price reasonability check on Market
                                                                                                            Amendment No. 1, To Amend Rules                          Statement of the Purpose of, and the
                                                  Maker bids that are priced equal to or
                                                                                                            11.6, 11.8, 11.9, 11.10 and 11.11 of                     Statutory Basis for, the Proposed Rule
                                                  greater than the price of the underlying
                                                                                                            EDGX Exchange, Inc.                                      Change
                                                  security for call options, and equal to or
                                                  greater than the strike price for put                     March 4, 2015.                                           1. Purpose
                                                  options, is reasonably designed to                           Pursuant to Section 19(b)(1) of the
                                                  operate in manner that would remove                       Securities Exchange Act of 1934 (the                       On June 5, 2014, Chair Mary Jo White
                                                  impediments to and perfect the                            ‘‘Act’’),1 and Rule 19b–4 thereunder,2                   asked all national securities exchanges
                                                  mechanism of a free and open market                       notice is hereby given that on February                  to conduct a comprehensive review of
                                                  and protect investors and the public                      20, 2015, EDGX Exchange, Inc. (the                       each order type offered to members and
                                                  interest. Further, the Commission notes                   ‘‘Exchange’’ or ‘‘EDGX’’) filed with the                 how it operates.5 The Exchange notes
                                                  the Exchange’s belief that the additional                 Securities and Exchange Commission                       that a comprehensive rule filing
                                                  risk controls that result in the                          (‘‘Commission’’) the proposed rule                       clarifying and updating Exchange rules
                                                  cancellation of a Market Maker’s resting                  change as described in Items I, II and III               was recently approved.6 However, based
                                                  same side quote and/or the temporary                      below, which items have been prepared                    on the request from Chair White, the
                                                  suspension a Market Maker’s quoting                       by the self-regulatory organization. On                  Exchange did indeed conduct further
                                                  activity in the affected option class(es),                February 27, 2015, the Exchange filed                    review of each order types and its
                                                  as applicable, provide market                             Amendment No. 1 to the proposal.3 The                    operation. The proposals set forth below
                                                  participants with additional protection                   Commission is publishing this notice, as                 are based on this comprehensive review
                                                  from anomalous executions.23                              modified by Amendment No. 1, to                          and are intended to clarify and to
                                                     Accordingly, the Commission believes                   solicit comments on the proposed rule                    include additional specificity regarding
                                                  that the proposed price protection for                    change from interested persons.                          the current functionality of the
                                                  Market Maker quotes is reasonably                                                                                  Exchange’s System, including the
                                                                                                            I. Self-Regulatory Organization’s                        operation of its order types and order
                                                  designed to prevent fraudulent and                        Statement of the Terms of the Substance
                                                  manipulative acts and practices, to                                                                                instructions. The proposals set forth
                                                                                                            of the Proposed Rule Change                              below are intended to supplement the
                                                  promote just and equitable principles of
                                                  trade, to foster cooperation and                             The Exchange filed a proposal to                      recently approved filing based on
                                                  coordination with persons engaged in                      amend Rules 11.6, 11.8, 11.9, 11.10 and                  further review conducted by the
                                                  regulating, clearing, settling, processing                11.11 to clarify and to include                          Exchange and are intended to clarify
                                                  information with respect to, and                          additional specificity regarding the                     and enhance the understandability of
                                                  facilitating transactions in securities, to               current functionality of the Exchange’s                  the Exchange’s rules related to the
                                                  remove impediments to and perfect the                     System,4 including the operation of its                  ranking and execution of orders. The
                                                  mechanism of a free and open market                                                                                proposal is also intended to add
                                                                                                              24 15  U.S.C. 78s(b)(2).
                                                  and a national market system, and, in                       25 17
                                                                                                                                                                     additional detail with respect to the
                                                                                                                     CFR 200.30–3(a)(12).
                                                  general, to protect investors and the                       1 15
                                                                                                                                                                     handling of orders with a Discretionary
                                                                                                                   U.S.C. 78s(b)(1).
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                                                  public interest.                                            2 17 CFR 240.19b–4.
                                                                                                              3 Amendment No. 1 replaces SR–EDGX–2015–08                5 See Mary Jo White, Chair, Commission, Speech
                                                  IV. Conclusion                                            and supersedes such filing in its entirety.              at the Sandler O’Neill & Partners, L.P. Global
                                                    For the foregoing reasons, the                            4 The term ‘‘System’’ is defined as ‘‘the electronic   Exchange and Brokerage Conference, (June 5, 2014)
                                                                                                            communications and trading facility designated by        (available at http://www.sec.gov/News/Speech/
                                                  Commission finds that the proposed                                                                                 Detail/Speech/1370542004312#.VD2HW610w6Y).
                                                                                                            the Board through which securities orders of Users
                                                                                                            are consolidated for ranking, execution and, when           6 Securities Exchange Act Release No. 73468
                                                    22 See   Notice, supra note 3, at 1985.                 applicable, routing away.’’ See Exchange Rule            (October 29, 2014), 79 FR 65450 (November 4, 2014)
                                                    23 See   Notice, supra note 3, at 1985.                 1.5(cc).                                                 (SR–EDGX–2014–18).



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Document Created: 2018-02-21 09:34:55
Document Modified: 2018-02-21 09:34:55
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 12664 

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