80_FR_13974 80 FR 13923 - Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Regarding FLEX No Minimum Value Size Pilot

80 FR 13923 - Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Regarding FLEX No Minimum Value Size Pilot

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 51 (March 17, 2015)

Page Range13923-13925
FR Document2015-06011

Federal Register, Volume 80 Issue 51 (Tuesday, March 17, 2015)
[Federal Register Volume 80, Number 51 (Tuesday, March 17, 2015)]
[Notices]
[Pages 13923-13925]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-06011]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74481; File No. SR-Phlx-2015-22]


Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of 
Filing and Immediate Effectiveness of Proposed Rule Change Regarding 
FLEX No Minimum Value Size Pilot

March 11, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on February 27, 2015, NASDAQ OMX PHLX LLC (``Phlx'' or ``Exchange'') 
filed with the Securities and Exchange Commission (``SEC'' or 
``Commission'') the proposed rule change as described in Items I and II 
below, which Items have been prepared by the Exchange. The Commission 
is publishing this notice to solicit comments on the proposed rule 
change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange is filing with the Commission a proposal to amend Phlx 
Rule 1079 (FLEX Index, Equity and Currency Options) to extend a pilot 
program that eliminates minimum value sizes for opening transactions in 
new series of FLEX index options and FLEX equity options (together 
known as ``FLEX Options'').\3\
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    \3\ In addition to FLEX Options, FLEX currency options are also 
traded on the Exchange. These flexible index, equity, and currency 
options provide investors the ability to customize basic option 
features including size, expiration date, exercise style, and 
certain exercise prices; and may have expiration dates within five 
years. See Rule 1079. FLEX currency options traded on the Exchange 
are also known as FLEX FX Options. The pilot program discussed 
herein does not encompass FLEX currency options.
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    The text of the amended Exchange rule is set forth immediately 
below.
    Additions are in italics and deletions are [bracketed].

Rules of the Exchange

Options Rules

* * * * *

Rule 1079. FLEX Index, Equity and Currency Options

    A Requesting Member shall obtain quotes and execute trades in 
certain non-listed FLEX options at the specialist post of the non-FLEX 
option on the Exchange. The term ``FLEX option'' means a FLEX option 
contract that is traded subject to this Rule. Although FLEX options are 
generally subject to the Rules in this section, to the extent that the 
provisions of this Rule are inconsistent with other applicable Exchange 
Rules, this Rule takes precedence with respect to FLEX options.
    (a)-(f) No Change.
    * * * Commentary: _________
    .01 Notwithstanding subparagraphs (a)(8)(A)(i) and (a)(8)(A)(ii) 
above, for a pilot period ending the earlier of [February 28]August 31, 
2015, or the date on which the pilot is approved on a permanent basis, 
there shall be no minimum value size requirements for FLEX options.
* * * * *
    The text of the proposed rule change is available on the Exchange's 
Web site at http://nasdaqomxphlx.cchwallstreet.com, at the principal 
office of the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The purpose of this proposed rule change is to amend Phlx Rule 1079 
(FLEX Index, Equity and Currency Options) to extend a pilot program 
that eliminates minimum value sizes for opening transactions in new 
series of FLEX Options (the ``Pilot Program'' or ``Pilot'').\4\
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    \4\ The Exchange is also filing a separate proposal to 
permanently approve the Pilot Program.

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[[Page 13924]]

    Rule 1079 deals with the process of listing and trading FLEX 
equity, index, and currency options on the Exchange. Rule 1079(a)(8)(A) 
currently sets the minimum opening transaction value size in the case 
of a FLEX Option in a newly established (opening) series if there is no 
open interest in the particular series when a Request-for-Quote 
(``RFQ'') is submitted (except as provided in Commentary .01 to Rule 
1079): (i) $10 million underlying equivalent value, respecting FLEX 
market index options, and $5 million underlying equivalent value 
respecting FLEX industry index options; \5\ (ii) the lesser of 250 
contracts or the number of contracts overlying $1 million in the 
underlying securities, with respect to FLEX equity options (together 
the ``minimum value size'').\6\
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    \5\ Market index options and industry index options are broad-
based index options and narrow-based index options, respectively. 
See Rule 1000A(b)(11) and (12).
    \6\ Subsection (a)(8)(A) also provides a third alternative: 
(iii) 50 contracts in the case of FLEX currency options. However, 
this alternative is not part of the Pilot Program.
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    Presently, Commentary .01 to Rule 1079 states that by virtue of the 
Pilot Program ending February 28, 2015, or the date on which the pilot 
is approved on a permanent basis, there shall be no minimum value size 
requirements for FLEX Options as noted in subsections (a)(8)(A)(i) and 
(a)(8)(A)(ii) of Rule 1079.\7\
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    \7\ See Securities Exchange Act Release No. 73474 (October 30, 
2014), 79 FR 65742 (November 5, 2014) (SR-Phlx-2014-69) (notice of 
filing and immediate effectiveness of proposal to extend Pilot 
Program). The Pilot Program was instituted in 2010. See Securities 
Exchange Act Release No. 62900 (September 13, 2010), 75 FR 57098 
(September 17, 2010) (SR-Phlx-2010-123) (notice of filing and 
immediate effectiveness of proposal to institute Pilot Program).
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    The Exchange now proposes to extend the Pilot Program for a pilot 
period ending the earlier of August 31, 2015, or the date on which the 
Pilot is approved on a permanent basis.\8\
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    \8\ The Exchange notes that any positions established under this 
Pilot would not be impacted by the expiration of the Pilot. For 
example, a 10-contract FLEX equity option opening position that 
overlies less than $1 million in the underlying security and expires 
in January 2016 could be established during the Pilot. If the Pilot 
Program were not extended, the position would continue to exist and 
any further trading in the series would be subject to the minimum 
value size requirements for continued trading in that series.
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    The Exchange believes that there is sufficient investor interest 
and demand in the Pilot Program to warrant an extension. The Exchange 
believes that the Pilot Program has provided investors with additional 
means of managing their risk exposures and carrying out their 
investment objectives. Extension of the Pilot Program would continue to 
provide greater opportunities for traders and investors to manage risk 
through the use of FLEX Options, including investors that may otherwise 
trade in the unregulated over the counter (``OTC'') market where 
similar size restrictions do not apply.\9\
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    \9\ The Exchange has not experienced any adverse market effects 
with respect to the Pilot Program.
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    In support of the proposed extension of the Pilot Program, the 
Exchange has under separate cover submitted to the Commission a Pilot 
Program Report (``Report'') that provides an analysis of the Pilot 
Program covering the period during which the Pilot has been in effect. 
This Report includes: (i) Data and analysis on the open interest and 
trading volume in (a) FLEX equity options that have an opening 
transaction with a minimum size of 0 to 249 contracts and less than $1 
million in underlying value; (b) FLEX index options that have an 
opening transaction with a minimum opening size of less than $10 
million in underlying equivalent value; and (ii) analysis of the types 
of investors that initiated opening FLEX Options transactions (i.e., 
institutional, high net worth, or retail). The Report has been 
submitted to the Commission and the Exchange has requested confidential 
treatment under the Freedom of Information Act.\10\
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    \10\ 5 U.S.C. 552. The Exchange notes that it expects to file a 
proposal for permanent approval of the Pilot Program. With this 
proposal, the Exchange will submit a Report that is publicly 
available. In the event the Pilot Program is not permanently 
approved by August 31, 2015, the Exchange will submit an additional 
Report covering the extended Pilot period.
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2. Statutory Basis
    The Exchange's proposal is consistent with Section 6(b) of the Act 
\11\ in general, and furthers the objectives of Section 6(b)(5) of the 
Act \12\ in particular, in that it is 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 facilitating transactions in securities, and to 
remove impediments to and perfect the mechanisms of a free and open 
market and a national market system. Specifically, the Exchange 
believes that the proposed extension of the Pilot Program, which 
eliminates the minimum value size applicable to opening transactions in 
new series of FLEX Options, would provide greater opportunities for 
investors to manage risk through the use of FLEX Options. The Exchange 
notes that it has not experienced any adverse market effects with 
respect to the Pilot Program.
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    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(5).
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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 not necessary or appropriate in 
furtherance of the purposes of the Act. To the contrary, the proposal 
would give traders and investors the opportunity to more effectively 
tailor their trading, investing and hedging through FLEX options traded 
on the Exchange. Prior to the Pilot, options that represented opening 
transactions in new series that could not meet a minimum value size 
could not trade via FLEX on the Exchange, but rather had to trade OTC. 
Extension of the Pilot enables such options to continue to trade on the 
Exchange.

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

    No written comments were either solicited or received.

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

    Because the proposed rule change does not: (i) Significantly affect 
the protection of investors or the public interest; (ii) impose any 
significant burden on competition; and (iii) become operative prior to 
30 days from the date on which it was filed, or such shorter time as 
the Commission may designate, the proposed rule change has become 
effective pursuant to Section 19(b)(3)(A) of the Act \13\ and Rule 19b-
4(f)(6) thereunder.\14\
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    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6) 
requires a self-regulatory organization to give the Commission 
written notice of its intent to file the proposed rule change, along 
with a brief description and text of the proposed rule change, at 
least five business days prior to the date of filing of the proposed 
rule change, or such shorter time as designated by the Commission. 
The Exchange has satisfied this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) \15\ normally 
does not become operative prior to 30 days after the date of the 
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\16\ the Commission 
may designate a shorter time if such action is consistent with the 
protection of investors and the public interest. The Exchange has asked 
the Commission to waive the 30-day operative delay so that the Exchange 
may continue its Pilot Program without

[[Page 13925]]

interruption. The Commission believes that waiving the 30-day operative 
delay is consistent with the protection of investors and the public 
interest.\17\ The Commission notes that waiving the 30-day operative 
delay would prevent the expiration of the Pilot Program prior to the 
extension of the pilot program becoming operative. Therefore, the 
Commission hereby waives the 30-day operative delay and designates the 
proposal operative upon filing.
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    \15\ 17 CFR 240.19b-4(f)(6).
    \16\ 17 CFR 240.19b-4(f)(6)(iii).
    \17\ For purposes only of waiving the 30-day operative delay, 
the Commission has 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: (i) 
Necessary or appropriate in the public interest; (ii) for the 
protection of investors; or (iii) 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-Phlx-2015-22 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Phlx-2015-22. 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 the filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-Phlx-2015-22 and should be 
submitted on or before April 7, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\18\
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    \18\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-06011 Filed 3-16-15; 8:45 am]
BILLING CODE 8011-01-P



                                                                                Federal Register / Vol. 80, No. 51 / Tuesday, March 17, 2015 / Notices                                                      13923

                                                  agencies, and the Municipal Securities                    Dated: March 10, 2015.                               Rule 1079. FLEX Index, Equity and
                                                  Rulemaking Board (‘‘MSRB’’)                             Brent J. Fields,                                       Currency Options
                                                  (collectively, ‘‘SROs’’) to destroy or                  Secretary.                                                A Requesting Member shall obtain
                                                  convert to microfilm or other recording                 [FR Doc. 2015–05986 Filed 3–16–15; 8:45 am]            quotes and execute trades in certain
                                                  media records maintained under Rule                     BILLING CODE 8011–01–P                                 non-listed FLEX options at the specialist
                                                  17a–1, if they have filed a record                                                                             post of the non-FLEX option on the
                                                  destruction plan with the Commission                                                                           Exchange. The term ‘‘FLEX option’’
                                                  and the Commission has declared the                     SECURITIES AND EXCHANGE                                means a FLEX option contract that is
                                                  plan effective.                                         COMMISSION                                             traded subject to this Rule. Although
                                                     There are currently 29 SROs: 18
                                                                                                                                                                 FLEX options are generally subject to
                                                  national securities exchanges, 1 national
                                                                                                          [Release No. 34–74481; File No. SR–Phlx–               the Rules in this section, to the extent
                                                  securities association, the MSRB, and 9
                                                                                                          2015–22]                                               that the provisions of this Rule are
                                                  registered clearing agencies. Of the 29
                                                                                                                                                                 inconsistent with other applicable
                                                  SROs, only 2 SRO respondents have                       Self-Regulatory Organizations;                         Exchange Rules, this Rule takes
                                                  filed a record destruction plan with the                NASDAQ OMX PHLX LLC; Notice of
                                                  Commission. The staff calculates that                                                                          precedence with respect to FLEX
                                                                                                          Filing and Immediate Effectiveness of                  options.
                                                  the preparation and filing of a new                     Proposed Rule Change Regarding                            (a)–(f) No Change.
                                                  record destruction plan should take 160                 FLEX No Minimum Value Size Pilot                          * * * Commentary:
                                                  hours. Further, any existing SRO record                                                                        lllllllll
                                                  destruction plans may require revision,                 March 11, 2015.
                                                                                                                                                                    .01 Notwithstanding subparagraphs
                                                  over time, in response to, for example,                    Pursuant to Section 19(b)(1) of the                 (a)(8)(A)(i) and (a)(8)(A)(ii) above, for a
                                                  changes in document retention                           Securities Exchange Act of 1934                        pilot period ending the earlier of
                                                  technology, which the Commission                        (‘‘Act’’),1 and Rule 19b–4 thereunder,2                [February 28]August 31, 2015, or the
                                                  estimates will take much less than the                  notice is hereby given that on February                date on which the pilot is approved on
                                                  160 hours estimated for a new plan. The                 27, 2015, NASDAQ OMX PHLX LLC                          a permanent basis, there shall be no
                                                  Commission estimates that each SRO                                                                             minimum value size requirements for
                                                                                                          (‘‘Phlx’’ or ‘‘Exchange’’) filed with the
                                                  that has filed a destruction plan will
                                                                                                          Securities and Exchange Commission                     FLEX options.
                                                  spend approximately 30 hours per year
                                                                                                          (‘‘SEC’’ or ‘‘Commission’’) the proposed               *      *     *    *     *
                                                  making required revisions. Thus, the
                                                                                                          rule change as described in Items I and                   The text of the proposed rule change
                                                  total annual compliance burden is
                                                                                                          II below, which Items have been                        is available on the Exchange’s Web site
                                                  estimated to be 60 hours per year based
                                                                                                          prepared by the Exchange. The                          at http://nasdaqomxphlx.cchwall
                                                  on two respondents. The approximate
                                                                                                          Commission is publishing this notice to                street.com, at the principal office of the
                                                  compliance cost per hour is $380,
                                                                                                          solicit comments on the proposed rule                  Exchange, and at the Commission’s
                                                  resulting in a total internal cost of
                                                                                                          change from interested persons.                        Public Reference Room.
                                                  compliance for these respondents of
                                                  $22,800 per year (60 hours @$380 per                    I. Self-Regulatory Organization’s                      II. Self-Regulatory Organization’s
                                                  hour).                                                  Statement of the Terms of Substance of                 Statement of the Purpose of, and
                                                     Written comments are invited on: (a)                 the Proposed Rule Change                               Statutory Basis for, the Proposed Rule
                                                  Whether the proposed collection of                                                                             Change
                                                  information is necessary for the proper                    The Exchange is filing with the
                                                  performance of the functions of the                     Commission a proposal to amend Phlx                       In its filing with the Commission, the
                                                  Commission, including whether the                       Rule 1079 (FLEX Index, Equity and                      Exchange included statements
                                                  information shall have practical utility;               Currency Options) to extend a pilot                    concerning the purpose of and basis for
                                                  (b) the accuracy of the Commission’s                    program that eliminates minimum value                  the proposed rule change and discussed
                                                  estimate of the burden of the collection                sizes for opening transactions in new                  any comments it received on the
                                                  of information; (c) ways to enhance the                 series of FLEX index options and FLEX                  proposed rule change. The text of these
                                                  quality, utility, and clarity of the                    equity options (together known as                      statements may be examined at the
                                                  information to be collected; and (d)                    ‘‘FLEX Options’’).3                                    places specified in Item IV below. The
                                                  ways to minimize the burden of the                                                                             Exchange has prepared summaries, set
                                                                                                             The text of the amended Exchange                    forth in sections A, B, and C below, of
                                                  collection of information on                            rule is set forth immediately below.
                                                  respondents, including through the use                                                                         the most significant aspects of such
                                                  of automated collection techniques or                      Additions are in italics and deletions              statements.
                                                  other forms of information technology.                  are [bracketed].
                                                                                                                                                                 A. Self-Regulatory Organization’s
                                                  Consideration will be given to                          Rules of the Exchange                                  Statement of the Purpose of, and
                                                  comments and suggestions submitted in                                                                          Statutory Basis for, the Proposed Rule
                                                                                                          Options Rules
                                                  writing within 60 days of this                                                                                 Change
                                                  publication.                                            *          *   *      *       *
                                                     An agency may not conduct or                                                                                1. Purpose
                                                  sponsor, and a person is not required to                    1 15U.S.C. 78s(b)(1).                                 The purpose of this proposed rule
                                                  respond to, a collection of information                    2 17 CFR 240.19b–4.
                                                                                                                                                                 change is to amend Phlx Rule 1079
                                                  under the PRA unless it displays a                         3 In addition to FLEX Options, FLEX currency
                                                                                                                                                                 (FLEX Index, Equity and Currency
                                                                                                          options are also traded on the Exchange. These
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  currently valid OMB control number.                                                                            Options) to extend a pilot program that
                                                                                                          flexible index, equity, and currency options provide
                                                     Please direct your written comments                  investors the ability to customize basic option        eliminates minimum value sizes for
                                                  to: Pamela Dyson, Director/Chief                        features including size, expiration date, exercise     opening transactions in new series of
                                                  Information Officer, Securities and                     style, and certain exercise prices; and may have       FLEX Options (the ‘‘Pilot Program’’ or
                                                  Exchange Commission, c/o Remi Pavlik-                   expiration dates within five years. See Rule 1079.
                                                                                                          FLEX currency options traded on the Exchange are       ‘‘Pilot’’).4
                                                  Simon, 100 F Street NE., Washington,                    also known as FLEX FX Options. The pilot program
                                                  DC 20549, or send an email to: PRA_                     discussed herein does not encompass FLEX                 4 The Exchange is also filing a separate proposal

                                                  Mailbox@sec.gov.                                        currency options.                                      to permanently approve the Pilot Program.



                                             VerDate Sep<11>2014   18:09 Mar 16, 2015   Jkt 235001   PO 00000    Frm 00102   Fmt 4703   Sfmt 4703   E:\FR\FM\17MRN1.SGM   17MRN1


                                                  13924                         Federal Register / Vol. 80, No. 51 / Tuesday, March 17, 2015 / Notices

                                                     Rule 1079 deals with the process of                  continue to provide greater                           experienced any adverse market effects
                                                  listing and trading FLEX equity, index,                 opportunities for traders and investors               with respect to the Pilot Program.
                                                  and currency options on the Exchange.                   to manage risk through the use of FLEX
                                                                                                                                                                B. Self-Regulatory Organization’s
                                                  Rule 1079(a)(8)(A) currently sets the                   Options, including investors that may
                                                                                                                                                                Statement on Burden on Competition
                                                  minimum opening transaction value                       otherwise trade in the unregulated over
                                                  size in the case of a FLEX Option in a                  the counter (‘‘OTC’’) market where                       The Exchange does not believe that
                                                  newly established (opening) series if                   similar size restrictions do not apply.9              the proposed rule change will impose
                                                  there is no open interest in the                           In support of the proposed extension               any burden on competition not
                                                  particular series when a Request-for-                   of the Pilot Program, the Exchange has                necessary or appropriate in furtherance
                                                  Quote (‘‘RFQ’’) is submitted (except as                 under separate cover submitted to the                 of the purposes of the Act. To the
                                                  provided in Commentary .01 to Rule                      Commission a Pilot Program Report                     contrary, the proposal would give
                                                  1079): (i) $10 million underlying                       (‘‘Report’’) that provides an analysis of             traders and investors the opportunity to
                                                  equivalent value, respecting FLEX                       the Pilot Program covering the period                 more effectively tailor their trading,
                                                  market index options, and $5 million                    during which the Pilot has been in                    investing and hedging through FLEX
                                                  underlying equivalent value respecting                  effect. This Report includes: (i) Data and            options traded on the Exchange. Prior to
                                                  FLEX industry index options; 5 (ii) the                 analysis on the open interest and                     the Pilot, options that represented
                                                  lesser of 250 contracts or the number of                trading volume in (a) FLEX equity                     opening transactions in new series that
                                                  contracts overlying $1 million in the                   options that have an opening                          could not meet a minimum value size
                                                  underlying securities, with respect to                  transaction with a minimum size of 0 to               could not trade via FLEX on the
                                                  FLEX equity options (together the                       249 contracts and less than $1 million                Exchange, but rather had to trade OTC.
                                                  ‘‘minimum value size’’).6                               in underlying value; (b) FLEX index                   Extension of the Pilot enables such
                                                     Presently, Commentary .01 to Rule                    options that have an opening                          options to continue to trade on the
                                                  1079 states that by virtue of the Pilot                 transaction with a minimum opening                    Exchange.
                                                  Program ending February 28, 2015, or                    size of less than $10 million in                      C. Self-Regulatory Organization’s
                                                  the date on which the pilot is approved                 underlying equivalent value; and (ii)                 Statement on Comments on the
                                                  on a permanent basis, there shall be no                 analysis of the types of investors that               Proposed Rule Change Received From
                                                  minimum value size requirements for                     initiated opening FLEX Options                        Members, Participants, or Others
                                                  FLEX Options as noted in subsections                    transactions (i.e., institutional, high net
                                                  (a)(8)(A)(i) and (a)(8)(A)(ii) of Rule                  worth, or retail). The Report has been                  No written comments were either
                                                  1079.7                                                  submitted to the Commission and the                   solicited or received.
                                                     The Exchange now proposes to extend                  Exchange has requested confidential                   III. Date of Effectiveness of the
                                                  the Pilot Program for a pilot period                    treatment under the Freedom of                        Proposed Rule Change and Timing for
                                                  ending the earlier of August 31, 2015, or               Information Act.10                                    Commission Action
                                                  the date on which the Pilot is approved
                                                                                                          2. Statutory Basis                                       Because the proposed rule change
                                                  on a permanent basis.8
                                                     The Exchange believes that there is                     The Exchange’s proposal is consistent              does not: (i) Significantly affect the
                                                  sufficient investor interest and demand                 with Section 6(b) of the Act 11 in                    protection of investors or the public
                                                  in the Pilot Program to warrant an                      general, and furthers the objectives of               interest; (ii) impose any significant
                                                  extension. The Exchange believes that                   Section 6(b)(5) of the Act 12 in                      burden on competition; and (iii) become
                                                  the Pilot Program has provided                          particular, in that it is designed to                 operative prior to 30 days from the date
                                                  investors with additional means of                      prevent fraudulent and manipulative                   on which it was filed, or such shorter
                                                  managing their risk exposures and                       acts and practices, to promote just and               time as the Commission may designate,
                                                  carrying out their investment objectives.               equitable principles of trade, to foster              the proposed rule change has become
                                                  Extension of the Pilot Program would                    cooperation and coordination with                     effective pursuant to Section 19(b)(3)(A)
                                                                                                          persons engaged in facilitating                       of the Act 13 and Rule 19b–4(f)(6)
                                                     5 Market index options and industry index            transactions in securities, and to remove             thereunder.14
                                                  options are broad-based index options and narrow-       impediments to and perfect the                           A proposed rule change filed under
                                                  based index options, respectively. See Rule             mechanisms of a free and open market                  Rule 19b–4(f)(6) 15 normally does not
                                                  1000A(b)(11) and (12).                                                                                        become operative prior to 30 days after
                                                     6 Subsection (a)(8)(A) also provides a third
                                                                                                          and a national market system.
                                                  alternative: (iii) 50 contracts in the case of FLEX     Specifically, the Exchange believes that              the date of the filing. However, pursuant
                                                  currency options. However, this alternative is not      the proposed extension of the Pilot                   to Rule 19b–4(f)(6)(iii),16 the
                                                  part of the Pilot Program.                              Program, which eliminates the                         Commission may designate a shorter
                                                     7 See Securities Exchange Act Release No. 73474
                                                                                                          minimum value size applicable to                      time if such action is consistent with the
                                                  (October 30, 2014), 79 FR 65742 (November 5, 2014)      opening transactions in new series of                 protection of investors and the public
                                                  (SR–Phlx–2014–69) (notice of filing and immediate
                                                  effectiveness of proposal to extend Pilot Program).     FLEX Options, would provide greater                   interest. The Exchange has asked the
                                                  The Pilot Program was instituted in 2010. See           opportunities for investors to manage                 Commission to waive the 30-day
                                                  Securities Exchange Act Release No. 62900               risk through the use of FLEX Options.                 operative delay so that the Exchange
                                                  (September 13, 2010), 75 FR 57098 (September 17,        The Exchange notes that it has not                    may continue its Pilot Program without
                                                  2010) (SR–Phlx–2010–123) (notice of filing and
                                                  immediate effectiveness of proposal to institute
                                                                                                            9 The Exchange has not experienced any adverse        13 15  U.S.C. 78s(b)(3)(A).
                                                  Pilot Program).
                                                     8 The Exchange notes that any positions              market effects with respect to the Pilot Program.       14 17  CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                                  established under this Pilot would not be impacted
                                                                                                            10 5 U.S.C. 552. The Exchange notes that it         4(f)(6) requires a self-regulatory organization to give
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                                                  by the expiration of the Pilot. For example, a 10-      expects to file a proposal for permanent approval     the Commission written notice of its intent to file
                                                  contract FLEX equity option opening position that       of the Pilot Program. With this proposal, the         the proposed rule change, along with a brief
                                                  overlies less than $1 million in the underlying         Exchange will submit a Report that is publicly        description and text of the proposed rule change,
                                                  security and expires in January 2016 could be           available. In the event the Pilot Program is not      at least five business days prior to the date of filing
                                                  established during the Pilot. If the Pilot Program      permanently approved by August 31, 2015, the          of the proposed rule change, or such shorter time
                                                  were not extended, the position would continue to       Exchange will submit an additional Report covering    as designated by the Commission. The Exchange
                                                  exist and any further trading in the series would be    the extended Pilot period.                            has satisfied this requirement.
                                                                                                            11 15 U.S.C. 78f(b).                                   15 17 CFR 240.19b–4(f)(6).
                                                  subject to the minimum value size requirements for
                                                  continued trading in that series.                         12 15 U.S.C. 78f(b)(5).                                16 17 CFR 240.19b–4(f)(6)(iii).




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                                                                                Federal Register / Vol. 80, No. 51 / Tuesday, March 17, 2015 / Notices                                                 13925

                                                  interruption. The Commission believes                   proposed rule change between the                      I. Self-Regulatory Organization’s
                                                  that waiving the 30-day operative delay                 Commission and any person, other than                 Statement of the Terms of the Substance
                                                  is consistent with the protection of                    those that may be withheld from the                   of the Proposed Rule Change
                                                  investors and the public interest.17 The                public in accordance with the                            Nasdaq proposes to provide a limited
                                                  Commission notes that waiving the 30-                   provisions of 5 U.S.C. 552, will be                   price guarantee to certain companies
                                                  day operative delay would prevent the                   available for Web site viewing and                    that switch their listing to Nasdaq from
                                                  expiration of the Pilot Program prior to                printing in the Commission’s Public                   another securities exchange. The text of
                                                  the extension of the pilot program                      Reference Room, 100 F Street NE.,                     the proposed rule change is available on
                                                  becoming operative. Therefore, the                      Washington, DC 20549, on official                     the Exchange’s Web site at http://
                                                  Commission hereby waives the 30-day                     business days between the hours of                    nasdaq.cchwallstreet.com, at the
                                                  operative delay and designates the                      10:00 a.m. and 3:00 p.m. Copies of the                principal office of the Exchange, and at
                                                  proposal operative upon filing.                         filing also will be available for                     the Commission’s Public Reference
                                                     At any time within 60 days of the                    inspection and copying at the principal               Room.
                                                  filing of the proposed rule change, the                 office of the Exchange. All comments
                                                  Commission summarily may                                                                                      II. Self-Regulatory Organization’s
                                                                                                          received will be posted without change;               Statement of the Purpose of, and
                                                  temporarily suspend such rule change if                 the Commission does not edit personal
                                                  it appears to the Commission that such                                                                        Statutory Basis for, the Proposed Rule
                                                                                                          identifying information from                          Change
                                                  action is: (i) Necessary or appropriate in
                                                                                                          submissions. You should submit only
                                                  the public interest; (ii) for the protection                                                                     In its filing with the Commission, the
                                                                                                          information that you wish to make                     Exchange included statements
                                                  of investors; or (iii) otherwise in
                                                  furtherance of the purposes of the Act.                 available publicly. All submissions                   concerning the purpose of and basis for
                                                  If the Commission takes such action, the                should refer to File Number SR–Phlx–                  the proposed rule change and discussed
                                                  Commission shall institute proceedings                  2015–22 and should be submitted on or                 any comments it received on the
                                                  to determine whether the proposed rule                  before April 7, 2015.                                 proposed rule change. The text of these
                                                  should be approved or disapproved.                        For the Commission, by the Division of              statements may be examined at the
                                                                                                          Trading and Markets, pursuant to delegated            places specified in Item IV below. The
                                                  IV. Solicitation of Comments                                                                                  Exchange has prepared summaries, set
                                                                                                          authority.18
                                                    Interested persons are invited to                     Brent J. Fields,                                      forth in sections A, B, and C below, of
                                                  submit written data, views, and                                                                               the most significant aspects of such
                                                                                                          Secretary.
                                                  arguments concerning the foregoing,                                                                           statements.
                                                                                                          [FR Doc. 2015–06011 Filed 3–16–15; 8:45 am]
                                                  including whether the proposed rule                                                                           A. Self-Regulatory Organization’s
                                                  change is consistent with the Act.                      BILLING CODE 8011–01–P
                                                                                                                                                                Statement of the Purpose of, and
                                                  Comments may be submitted by any of                                                                           Statutory Basis for, the Proposed Rule
                                                  the following methods:                                                                                        Change
                                                                                                          SECURITIES AND EXCHANGE
                                                  Electronic Comments                                     COMMISSION                                            1. Purpose
                                                    • Use the Commission’s Internet                                                                                Nasdaq recently adopted an all-
                                                  comment form (http://www.sec.gov/                       [Release No. 34–74472; File No. SR–                   inclusive annual listing fee, which
                                                  rules/sro.shtml); or                                    NASDAQ–2015–017]                                      simplifies billing and provides
                                                    • Send an email to rule-comments@                                                                           transparency and certainty to companies
                                                  sec.gov. Please include File Number SR–                 Self-Regulatory Organizations; The                    as to the annual cost of listing.3 This
                                                  Phlx–2015–22 on the subject line.                       NASDAQ Stock Market LLC; Notice of                    new fee structure was designed,
                                                                                                          Filing and Immediate Effectiveness of                 primarily, to address customer
                                                  Paper Comments
                                                                                                          Proposed Rule Change To Provide a                     complaints about the number and in
                                                    • Send paper comments in triplicate                   Limited Price Guarantee to Certain                    some cases the variable nature of certain
                                                  to Secretary, Securities and Exchange                   Companies That Switch Their Listing                   of Nasdaq’s listing fees. It also provides
                                                  Commission, 100 F Street NE.,                           to Nasdaq From Another Exchange                       benefits to Nasdaq, including
                                                  Washington, DC 20549–1090.                                                                                    eliminating the multiple invoices that
                                                  All submissions should refer to File                    March 11, 2015.
                                                                                                                                                                were sent to a company each year and
                                                  Number SR–Phlx–2015–22. This file                          Pursuant to Section 19(b)(1) of the                providing more certainty as to revenue.4
                                                  number should be included on the                        Securities Exchange Act of 1934                          While this new fee structure will
                                                  subject line if email is used. To help the              (‘‘Act’’) 1, and Rule 19b–4 thereunder,2              become operative for all listed
                                                  Commission process and review your                      notice is hereby given that, on February              companies in 2018, currently listed
                                                  comments more efficiently, please use                   25, 2015, The NASDAQ Stock Market                     companies were allowed to elect to be
                                                  only one method. The Commission will                    LLC (‘‘Nasdaq’’ or ‘‘Exchange’’) filed                subject to the all-inclusive annual
                                                  post all comments on the Commission’s                   with the Securities and Exchange                      listing fee effective January 1, 2015, and
                                                  Internet Web site (http://www.sec.gov/                  Commission (‘‘SEC’’ or ‘‘Commission’’)                were provided certain incentives to do
                                                  rules/sro.shtml). Copies of the                         the proposed rule change as described                 so.5 In addition, because they may have
                                                  submission, all subsequent                              in Items I, II, and III below, which Items            made their listing decision based on
                                                  amendments, all written statements                      have been prepared by the Exchange.                   Nasdaq’s prior fee schedule, any
                                                  with respect to the proposed rule                                                                             company that applied to list on Nasdaq
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                                                                                                          The Commission is publishing this
                                                  change that are filed with the                          notice to solicit comments on the                     prior to January 1, 2015, and lists after
                                                  Commission, and all written                             proposed rule change from interested                  that date, is also provided an
                                                  communications relating to the                          persons.                                                3 Securities Exchange Act Release No. 73647

                                                    17 Forpurposes only of waiving the 30-day                                                                   (November 19, 2014), 79 FR 70232 (November 25,
                                                                                                            18 17 CFR 200.30–3(a)(12).                          2014) (approving SR–NASDAQ–2014–087).
                                                  operative delay, the Commission has considered the
                                                                                                            1 15 U.S.C. 78s(b)(1).                                4 Id.
                                                  proposed rule’s impact on efficiency, competition,
                                                  and capital formation. See 15 U.S.C. 78c(f).              2 17 CFR 240.19b–4.                                   5 See IM–5910–1(b)(1) and IM–5920–1(b)(1).




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Document Created: 2015-12-18 12:01:32
Document Modified: 2015-12-18 12:01:32
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 13923 

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