80 FR 34756 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Revising the Schedule for Implementing the Exchange's Recently Approved Rule To Provide a Price Protection for Market Maker Quotes Pursuant to Rule 6.61
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 80, Issue 116 (June 17, 2015)
Federal Register Volume 80, Issue 116 (June 17, 2015)
| Page Range | 34756-34758 | |
| FR Document | 2015-14830 |
[Federal Register Volume 80, Number 116 (Wednesday, June 17, 2015)] [Notices] [Pages 34756-34758] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-14830] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-75156; File No. SR-NYSEArca-2015-45] Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Revising the Schedule for Implementing the Exchange's Recently Approved Rule To Provide a Price Protection for Market Maker Quotes Pursuant to Rule 6.61 June 11, 2015. Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of 1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given that, on June 5, 2015, NYSE Arca, Inc. (the ``Exchange'' or ``NYSE Arca'') filed with the Securities and Exchange Commission (the ``Commission'') the proposed rule change as described in Items I and II below, which Items have been prepared by the self-regulatory organization. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78s(b)(1). \2\ 15 U.S.C. 78a. \3\ 17 CFR 240.19b-4. --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of the Substance of the Proposed Rule Change The Exchange proposes to revise the schedule for implementing the Exchange's recently approved rule to provide a price protection for Market Maker quotes pursuant to Rule 6.61. The text of the proposed rule change is available on the Exchange's Web site at www.nyse.com, at the principal office of the Exchange, and at the Commission's Public Reference Room. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the self-regulatory organization included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of those 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 parts of such statements. [[Page 34757]] A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The Exchange is proposing to revise the schedule for implementing the Exchange's recently approved rule to provide a price protection risk mechanism for Market Maker quotes pursuant to Rule 6.61.\4\ --------------------------------------------------------------------------- \4\ See Securities Exchange Act Release No. 74441 (March 4, 2015), 80 FR 12664 (March 10, 2015) (SR-NYSEArca-2014-150) (Approval Order); see also Securities Exchange Act Release No. 74018 (January 8, 2015), 80 FR 1982 (January 14, 2015) (SR-NYSEArca-2014-150) (Notice). --------------------------------------------------------------------------- Rule 6.61 provides two layers of price protection to incoming Market Maker quotes, rejecting those Market Maker quotes that exceed certain parameters, as a risk mitigation tool. The first layer of price protection, set forth in Rule 6.61(a)(1), assesses incoming sell quotes against the NBB and incoming buy quotes against the NBO (the ``NBBO Price Reasonability Check''). Specifically, per Rule 6.61(a)(1), provided that an NBBO is available, a Market Maker quote would be rejected if it is priced a specified dollar amount or percentage through the contra-side NBBO. The second layer of price protection assesses the price of call or put bids against a specified benchmark (the ``Underlying Stock Price/ Strike Price Check''), per Rule 6.61(a)(2) and (3). This second layer of protection applies to bids in call options or put options when (1) there is no NBBO available, for example, during pre-opening or prior to conducting a re-opening after a trading halt, or (2) if the NBBO is so wide as to not reflect an appropriate price for the respective options series. Rule 6.61(b) operates as an additional safeguard and risk control feature. In particular, when a Market Maker quote is rejected pursuant to Rule 6.61(a), the Exchange will also cancel any resting same-side quote(s) in the affected series, if rejected pursuant to (a)(1); or the Exchange will also cancel any resting same-side quote(s) in the affected class(es), if rejected pursuant to (a)(2) or (a)(3) of the Rule. When the Exchange proposed Rule 6.61, it stated that it would announce via Trader Update the implementation date of the Rule.\5\ Because of the differing technology associated with the two layers of price protection, the Exchange now proposes a two-stage implementation of the Rule. Specifically, the Exchange proposes to implement Rule 6.61(a)(1) and Rule 6.61(b) as it relates to quotes that have been rejected pursuant to the NBBO Price Reasonability Check first. The Exchange believes that because the NBBO Price Reasonability Check is an approved rule of the Exchange, implementing it as soon as practicable would enable Market Makers and investors alike to benefit from the protections that would be afforded by the NBBO Price Reasonability Check.\6\ The Exchange would announce the implementation date by Trader Update to be published no later than five (5) days after the Commission's publication of this filing. --------------------------------------------------------------------------- \5\ See Notice, id., 80 FR at 1985. \6\ The Exchange notes that to the extent that Rule 6.61(b) references Rule 6.61(a)(2) and (3), that language would be without force until the implementation of the latter sections of the Rule. --------------------------------------------------------------------------- The Exchange further proposes a separate, later implementation date for Rule 6.61(a)(2) and (3) (the Underlying Stock Price/Strike Price Check) and Rule 6.61(b) as it relates to the Underlying Stock Price/ Strike Price Check. This two-stage implementation would provide the Exchange additional time to implement the technology related to the Underlying Stock Price/Strike Price Check. The Exchange proposes to add Commentary .01 to the rule, directing OTP Holders and OTP Firms to consult Trader Updates for additional information regarding the implementation schedule for paragraphs (a)(2) and (a)(3) of the Rule, with final implementation of such paragraphs to be completed by no later than March 4, 2016. As noted above, the Exchange proposes to announce the implementation date via Trader Update and would indicate those symbols for which the Underlying Stock Price/Strike Price Check will be unavailable, as the Exchange anticipates that this functionality would be implemented on an iterative basis depending on the symbol. Further, the Exchange will issue subsequent Trader Updates whenever there is a change to the list of symbols for which the Underlying Stock Price/Strike Price Check is unavailable. The Exchange is proposing this rule change to provide transparency regarding the implementation schedule regarding the two layers of price protection for Marker Maker quotes pursuant to Rule 6.61. 2. Statutory Basis The proposed rule change is consistent with Section 6(b) of the Act,\7\ in general, and furthers the objectives of Section 6(b)(5),\8\ in particular, in that it is designed to promote just and equitable principles of trade, 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. --------------------------------------------------------------------------- \7\ 15 U.S.C. 78f(b). \8\ 15 U.S.C. 78f(b)(5). --------------------------------------------------------------------------- The Exchange believes that providing an iterative implementation schedule for the approved price protection features set forth in Rule 6.61 is consistent with the Act because it would enable Market Makers and the public to immediately benefit from the approved NBBO Reasonability Check while allowing the Exchange additional time to implement the technology associated with the Underlying Stock Price/ Strike Price Check when there is no reliable NBBO available. Specifically, the proposed iterative implementation schedule for Rule 6.61 would assist with the maintenance of a fair and orderly market and protect investors and the public interest because it would enable the Exchange to implement the NBBO Reasonability Check immediately, thereby helping to mitigate the risks associated with the entry of quotes that are priced a specified dollar amount or percentage through the prevailing contra-side market, which the Exchange believes is evidence of error. The Exchange further believes that announcing the implementation dates of the new risk mitigation tools via Trader Updates would remove impediments to and perfects the mechanism of a free and open market because they would provide notice of when each of the approved risk control features is being implemented, and for which symbols. B. Self-Regulatory Organization's Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. The proposed rule change is not designed to address any competitive issues, but rather, to propose an iterative implementation schedule for an approved rule of the Exchange. Therefore, the Exchange does not believe that the proposed rule change will impose any burden on competition, but rather, would enable Market Makers, the public, and investors to immediately benefit from the additional price protection offered by the NBBO Reasonability Check and delay the implementation of the Underlying Stock Price/Strike Price Check pending finalization of the technology associated with that feature. [[Page 34758]] C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others No written comments were solicited or received with respect to the proposed rule change. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the proposed rule change does not (i) significantly affect the protection of investors or the public interest; (ii) impose any significant burden on competition; and (iii) become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate if consistent with the protection of investors and the public interest, the proposed rule change has become effective pursuant to Section 19(b)(3)(A) of the Act \9\ and Rule 19b- 4(f)(6)(iii) thereunder.\10\ --------------------------------------------------------------------------- \9\ 15 U.S.C. 78s(b)(3)(A). \10\ 17 CFR 240.19b-4(f)(6)(iii). As required under Rule 19b- 4(f)(6)(iii), the Exchange provided the Commission with written notice of its intent to file the proposed rule change, along with a brief description and the text of the proposed rule change, at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission. --------------------------------------------------------------------------- The Exchange has asked the Commission to waive the 30-day operative delay so that the proposal may become operative immediately upon filing. The Exchange stated that waiver of this requirement would enable the Exchange to implement immediately the approved price protection risk mechanisms for which the associated Exchange technology is currently available or is in the process of becoming finalized, consistent with the proposed implementation schedule. The Commission believes the waiver of the operative delay is consistent with the protection of investors and the public interest. Therefore, the Commission hereby waives the operative delay and designates the proposal operative upon filing.\11\ --------------------------------------------------------------------------- \11\ For purposes only of waiving the 30-day operative delay, the Commission has also considered the proposed rule's impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f). --------------------------------------------------------------------------- At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission shall institute proceedings to determine whether the proposed rule should be approved or disapproved. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic CommentsUse the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or Send an email to rule-comments@sec.gov. Please include File Number SR-NYSEArca-2015-45 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-NYSEArca-2015-45. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street, NE., Washington, DC 20549 on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of such filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-NYSEArca-2015-45, and should be submitted on or before July 8, 2015. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\12\ --------------------------------------------------------------------------- \12\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Robert W. Errett, Deputy Secretary. [FR Doc. 2015-14830 Filed 6-16-15; 8:45 am] BILLING CODE 8011-01-P
![34756 Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Notices
route to Nasdaq for a similar rate as Electronic Comments SECURITIES AND EXCHANGE
entering orders in certain symbols on COMMISSION
Nasdaq directly. The Exchange believes • Use the Commission’s Internet
that its proposal would not burden comment form (http://www.sec.gov/
[Release No. 34–75156; File No. SR–
intramarket competition because the rules/sro.shtml); or
NYSEArca–2015–45]
proposed rate would apply uniformly to • Send an email to rule-comments@
all Members. sec.gov. Please include File Number SR– Self-Regulatory Organizations; NYSE
BATS Connect EDGA–2015–24 on the subject line. Arca, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Paper Comments
The Exchange believes the proposed Rule Change Revising the Schedule for
fees for BATS Connect will not result in • Send paper comments in triplicate Implementing the Exchange’s Recently
any burden on competition. The to Brent J. Fields, Secretary, Securities Approved Rule To Provide a Price
proposed rule change is designed to and Exchange Commission, 100 F Street Protection for Market Maker Quotes
provide subscribers with an alternative NE., Washington, DC 20549–1090. Pursuant to Rule 6.61
means to access other market centers on
the Exchange’s network if they choose All submissions should refer to File June 11, 2015.
or in the event of a market disruption Number SR–EDGA–2015–24. This file Pursuant to Section 19(b)(1) 1 of the
where other alternative connection number should be included on the Securities Exchange Act of 1934 (the
methods become unavailable. BATS subject line if email is used. To help the ‘‘Act’’) 2 and Rule 19b–4 thereunder,3
Connect is not the exclusive method to Commission process and review your notice is hereby given that, on June 5,
connect to these market centers and comments more efficiently, please use 2015, NYSE Arca, Inc. (the ‘‘Exchange’’
subscribers may utilize alternative only one method. The Commission will or ‘‘NYSE Arca’’) filed with the
methods to connect to the product if post all comments on the Commission’s
they believe the Exchange’s proposed Securities and Exchange Commission
Internet Web site (http://www.sec.gov/ (the ‘‘Commission’’) the proposed rule
pricing is unreasonable or otherwise. rules/sro.shtml). Copies of the
Therefore, the Exchange does not change as described in Items I and II
submission, all subsequent below, which Items have been prepared
believe the proposed rule change will amendments, all written statements
have any effect on competition. by the self-regulatory organization. The
with respect to the proposed rule Commission is publishing this notice to
(C) Self-Regulatory Organization’s change that are filed with the solicit comments on the proposed rule
Statement on Comments on the Commission, and all written change from interested persons.
Proposed Rule Change Received From communications relating to the
Members, Participants or Others proposed rule change between the I. Self-Regulatory Organization’s
Commission and any person, other than Statement of the Terms of the Substance
The Exchange has not solicited, and those that may be withheld from the of the Proposed Rule Change
does not intend to solicit, comments on public in accordance with the
this proposed rule change. The provisions of 5 U.S.C. 552, will be The Exchange proposes to revise the
Exchange has not received any available for Web site viewing and schedule for implementing the
unsolicited written comments from printing in the Commission’s Public Exchange’s recently approved rule to
Members or other interested parties. provide a price protection for Market
Reference Room, 100 F Street NE.,
Washington, DC 20549, on official Maker quotes pursuant to Rule 6.61. The
III. Date of Effectiveness of the
business days between the hours of text of the proposed rule change is
Proposed Rule Change and Timing for
Commission Action 10:00 a.m. and 3:00 p.m. Copies of the available on the Exchange’s Web site at
filing will also be available for www.nyse.com, at the principal office of
The foregoing rule change has become inspection and copying at the principal the Exchange, and at the Commission’s
effective pursuant to Section 19(b)(3)(A) office of the Exchange. All comments Public Reference Room.
of the Act 20 and paragraph (f) of Rule
received will be posted without change; II. Self-Regulatory Organization’s
19b–4 thereunder.21 At any time within
the Commission does not edit personal Statement of the Purpose of, and
60 days of the filing of the proposed rule
identifying information from Statutory Basis for, the Proposed Rule
change, the Commission summarily may
temporarily suspend such rule change if submissions. You should submit only Change
it appears to the Commission that such information that you wish to make
available publicly. All submissions In its filing with the Commission, the
action is necessary or appropriate in the
should refer to File Number SR–EDGA– self-regulatory organization included
public interest, for the protection of
2015–24 and should be submitted on or statements concerning the purpose of,
investors, or otherwise in furtherance of
before July 8, 2015. and basis for, the proposed rule change
the purposes of the Act.
and discussed any comments it received
For the Commission, by the Division of
IV. Solicitation of Comments on the proposed rule change. The text
Trading and Markets, pursuant to delegated
authority.22
of those statements may be examined at
Interested persons are invited to the places specified in Item IV below.
submit written data, views, and Robert W. Errett,
asabaliauskas on DSK5VPTVN1PROD with NOTICES
The Exchange has prepared summaries,
arguments concerning the foregoing, Deputy Secretary. set forth in sections A, B, and C below,
including whether the proposed rule [FR Doc. 2015–14821 Filed 6–16–15; 8:45 am] of the most significant parts of such
change is consistent with the Act.
Comments may be submitted by any of
BILLING CODE 8011–01–P statements.
the following methods:
1 15 U.S.C. 78s(b)(1).
20 15 2 15 U.S.C. 78a.
U.S.C. 78s(b)(3)(A).
21 17 CFR 240.19b–4(f). 22 17 CFR 200.30–3(a)(12). 3 17 CFR 240.19b–4.
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![34758 Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Notices
C. Self-Regulatory Organization’s to determine whether the proposed rule For the Commission, by the Division of
Statement on Comments on the should be approved or disapproved. Trading and Markets, pursuant to delegated
Proposed Rule Change Received From authority.12
Members, Participants, or Others IV. Solicitation of Comments Robert W. Errett,
No written comments were solicited Deputy Secretary.
Interested persons are invited to
or received with respect to the proposed [FR Doc. 2015–14830 Filed 6–16–15; 8:45 am]
submit written data, views, and
rule change. arguments concerning the foregoing, BILLING CODE 8011–01–P
III. Date of Effectiveness of the including whether the proposed rule
Proposed Rule Change and Timing for change is consistent with the Act. SECURITIES AND EXCHANGE
Commission Action Comments may be submitted by any of COMMISSION
the following methods:
Because the proposed rule change [Release No. 34–75145; File No. SR–BX–
does not (i) significantly affect the Electronic Comments 2015–033]
protection of investors or the public
interest; (ii) impose any significant • Use the Commission’s Internet Self-Regulatory Organizations;
burden on competition; and (iii) become comment form (http://www.sec.gov/ NASDAQ OMX BX, Inc.; Notice of Filing
operative for 30 days from the date on rules/sro.shtml); or and Immediate Effectiveness of a
which it was filed, or such shorter time • Send an email to rule-comments@ Proposed Rule Change To Amend the
as the Commission may designate if sec.gov. Please include File Number SR– Fee Schedule Under Exchange Rule
consistent with the protection of NYSEArca–2015–45 on the subject line. 7018 With Respect to Transactions in
investors and the public interest, the Securities Priced at $1 or More per
proposed rule change has become Paper Comments Share and the Exchange’s Retail Price
effective pursuant to Section 19(b)(3)(A) Improvement Program
of the Act 9 and Rule 19b–4(f)(6)(iii) • Send paper comments in triplicate
thereunder.10 to Secretary, Securities and Exchange June 11, 2015.
The Exchange has asked the Commission, 100 F Street NE., Pursuant to Section 19(b)(1) of the
Commission to waive the 30-day Washington, DC 20549–1090. Securities Exchange Act of 1934
operative delay so that the proposal may All submissions should refer to File (‘‘Act’’),1 and Rule 19b–4 thereunder,2
become operative immediately upon Number SR–NYSEArca–2015–45. This notice is hereby given that on June 1,
filing. The Exchange stated that waiver file number should be included on the 2015, NASDAQ OMX BX, Inc. (‘‘BX’’ or
of this requirement would enable the ‘‘Exchange’’) filed with the Securities
subject line if email is used. To help the
Exchange to implement immediately the and Exchange Commission (‘‘SEC’’ or
Commission process and review your
approved price protection risk ‘‘Commission’’) the proposed rule
comments more efficiently, please use change as described in Items I, II, and
mechanisms for which the associated
Exchange technology is currently only one method. The Commission will III below, which Items have been
available or is in the process of post all comments on the Commission’s prepared by the Exchange. The
becoming finalized, consistent with the Internet Web site (http://www.sec.gov/ Commission is publishing this notice to
proposed implementation schedule. The rules/sro.shtml). Copies of the solicit comments on the proposed rule
Commission believes the waiver of the submission, all subsequent change from interested persons.
operative delay is consistent with the amendments, all written statements
with respect to the proposed rule I. Self-Regulatory Organization’s
protection of investors and the public
change that are filed with the Statement of the Terms of Substance of
interest. Therefore, the Commission
Commission, and all written the Proposed Rule Change
hereby waives the operative delay and
designates the proposal operative upon communications relating to the The Exchange proposes to amend BX
filing.11 proposed rule change between the Rule 7018 with respect to transactions
At any time within 60 days of the Commission and any person, other than in securities priced at $1 or more per
filing of the proposed rule change, the those that may be withheld from the share and the Exchange’s Retail Price
Commission summarily may public in accordance with the Improvement Program.
temporarily suspend such rule change if provisions of 5 U.S.C. 552, will be The text of the proposed rule change
it appears to the Commission that such available for Web site viewing and is also available on the Exchange’s Web
action is necessary or appropriate in the printing in the Commission’s Public site at http://
public interest, for the protection of nasdaqomxbx.cchwallstreet.com, at the
Reference Room, 100 F Street, NE.,
investors, or otherwise in furtherance of principal office of the Exchange, and at
Washington, DC 20549 on official
the purposes of the Act. If the the Commission’s Public Reference
business days between the hours of
Commission takes such action, the Room.
10:00 a.m. and 3:00 p.m. Copies of such
Commission shall institute proceedings II. Self-Regulatory Organization’s
filing also will be available for
9 15 inspection and copying at the principal Statement of the Purpose of, and
U.S.C. 78s(b)(3)(A).
10 17 CFR 240.19b–4(f)(6)(iii). As required under office of the Exchange. All comments Statutory Basis for, the Proposed Rule
Rule 19b–4(f)(6)(iii), the Exchange provided the received will be posted without change; Change
Commission with written notice of its intent to file
asabaliauskas on DSK5VPTVN1PROD with NOTICES
the Commission does not edit personal In its filing with the Commission, the
the proposed rule change, along with a brief
description and the text of the proposed rule identifying information from Exchange included statements
change, at least five business days prior to the date submissions. You should submit only concerning the purpose of and basis for
of filing of the proposed rule change, or such information that you wish to make the proposed rule change and discussed
shorter time as designated by the Commission.
11 For purposes only of waiving the 30-day
available publicly. All submissions any comments it received on the
operative delay, the Commission has also should refer to File Number SR–
12 17 CFR 200.30–3(a)(12).
considered the proposed rule’s impact on NYSEArca-2015–45, and should be
1 15 U.S.C. 78s(b)(1).
efficiency, competition, and capital formation. See submitted on or before July 8, 2015.
15 U.S.C. 78c(f). 2 17 CFR 240.19b–4.
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Document Created: 2015-12-15 14:23:06
Document Modified: 2015-12-15 14:23:06
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 80 FR 34756 |
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