80_FR_34886 80 FR 34770 - Self-Regulatory Organizations; NYSE MKT, LLC; 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 967.1NY

80 FR 34770 - Self-Regulatory Organizations; NYSE MKT, LLC; 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 967.1NY

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 116 (June 17, 2015)

Page Range34770-34772
FR Document2015-14825

Federal Register, Volume 80 Issue 116 (Wednesday, June 17, 2015)
[Federal Register Volume 80, Number 116 (Wednesday, June 17, 2015)]
[Notices]
[Pages 34770-34772]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-14825]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75151; File No. SR-NYSEMKT-2015-42]


Self-Regulatory Organizations; NYSE MKT, LLC; 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 
967.1NY

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 MKT LLC (the ``Exchange'' or ``NYSE 
MKT'') 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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the 
Substance of the Proposed Rule Change

    The Exchange proposes to revise the schedule for implementing the 
Exchange's recently approved rule to provide a price protection for 
Market Maker quotes pursuant to Rule 967.1NY. 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 34771]]

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 967.1NY.\4\
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    \4\ See Securities Exchange Act Release No. 74440 (March 4, 
2015), 80 FR 12687 (March 10, 2015) (SR-NYSEMKT-2014-116) (Approval 
Order); see also Securities Exchange Act Release No. 74017 (January 
8, 2015), 80 FR 1979 (January 14, 2015) (SR-NYSEMKT-2014-116) 
(Notice).
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    Rule 967.1NY 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 967.1NY(a)(1), assesses incoming sell 
quotes against the NBB and incoming buy quotes against the NBO (the 
``NBBO Price Reasonability Check''). Specifically, per Rule 
967.1NY(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 967.1NY(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 967.1NY(b) operates as an additional safeguard and risk 
control feature. In particular, when a Market Maker quote is rejected 
pursuant to Rule 967.1NY(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 967.1NY, 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 
967.1NY(a)(1) and Rule 967.1NY(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.
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    \5\ See Notice, id., 80 FR at 1981.
    \6\ The Exchange notes that to the extent that Rule 967.1NY(b) 
references Rule 967.1NY(a)(2) and (3), that language would be 
without force until the implementation of the latter sections of the 
Rule.
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    The Exchange further proposes a separate, later implementation date 
for Rule 967.1NY(a)(2) and (3) (the Underlying Stock Price/Strike Price 
Check) and Rule 967.1NY(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 ATP Holders 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 967.1NY.
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 
967.1NY 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 967.1NY 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 34772]]

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\
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    \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.
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    The Exchange has asked the Commission to waive the 30-day operative 
delay so that the proposal may become operative immediately upon 
filing. The 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 
proposed rule change to be operative upon filing.\11\
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    \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 Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to rule-comments@sec.gov. Please include 
File Number SR-NYSEMKT-2015-42 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-NYSEMKT-2015-42. 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-NYSEMKT-2015-42, 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\
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    \12\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-14825 Filed 6-16-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                    34770                        Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Notices

                                                    for trading.74 The limited self-regulatory              appropriate to confer with applicants.76                 SECURITIES AND EXCHANGE
                                                    attributes in that case stand in stark                  It certainly does not (as AMSE appears                   COMMISSION
                                                    contrast to the full scope of self-                     to believe) entitle applicants to obtain
                                                    regulatory powers sought by AMSE                        guidance from the staff so that the                      [Release No. 34–75151; File No. SR–
                                                    here.                                                   applicants can repeatedly amend their                    NYSEMKT–2015–42]
                                                    C. AMSE Is Mistaken in Its                              applications before the Commission
                                                    Interpretation of the Relevant                          issues its final order.77 In any event, as               Self-Regulatory Organizations; NYSE
                                                    Procedural Requirements Relating to Its                 noted above, Commission staff in fact                    MKT, LLC; Notice of Filing and
                                                    Exemption Application                                   consulted with AMSE and provided                         Immediate Effectiveness of Proposed
                                                                                                            views and input to AMSE about its                        Rule Change Revising the Schedule for
                                                      AMSE has labored under certain
                                                                                                            application.78                                           Implementing the Exchange’s Recently
                                                    misunderstandings of the relevant
                                                                                                                                                                     Approved Rule To Provide a Price
                                                    procedures throughout its interactions                  IV. Conclusion
                                                    with the staff on this matter. To the                                                                            Protection for Market Maker Quotes
                                                    extent that there is any ambiguity in                     The Commission has reviewed                            Pursuant to Rule 967.1NY
                                                    these procedures, we take this                          AMSE’s application for a limited
                                                                                                                                                                     June 11, 2015.
                                                    opportunity to provide clarification.                   volume exemption from registration as a
                                                    AMSE erroneously reads Rule                             national securities exchange and has                        Pursuant to Section 19(b)(1) 1 of the
                                                    202.3(b)(2) of the Commission’s                         determined, for the reasons described                    Securities Exchange Act of 1934 (the
                                                    procedural rules as establishing an                     above, to deny AMSE’s application.79                     ‘‘Act’’) 2 and Rule 19b–4 thereunder,3
                                                    enforceable right on the part of AMSE                                                                            notice is hereby given that on June 5,
                                                                                                              It is therefore ordered, pursuant to
                                                    to require the Commission’s staff to                                                                             2015, NYSE MKT LLC (the ‘‘Exchange’’
                                                                                                            Section 5 of the Act, that AMSE’s
                                                    confer with AMSE. Rule 202.3(b)(2)                                                                               or ‘‘NYSE MKT’’) filed with the
                                                                                                            application for an exemption from
                                                    provides, in relevant part:                                                                                      Securities and Exchange Commission
                                                                                                            registration as a national securities
                                                       Applications for registration as national                                                                     (the ‘‘Commission’’) the proposed rule
                                                                                                            exchange be, and hereby is, denied.
                                                    securities exchanges, or exemption from                                                                          change as described in Items I and II
                                                    registration as exchanges by reason of such               By the Commission.                                     below, which Items have been prepared
                                                    exchanges’ limited volume of transactions               Brent J. Fields,                                         by the self-regulatory organization. The
                                                    filed with the Commission are routed to the             Secretary.                                               Commission is publishing this notice to
                                                    Division of Market Regulation, which
                                                                                                            [FR Doc. 2015–14807 Filed 6–16–15; 8:45 am]              solicit comments on the proposed rule
                                                    examines these applications to determine
                                                    whether all necessary information has been              BILLING CODE 8011–01–P                                   change from interested persons.
                                                    supplied and whether all required financial                                                                      I. Self-Regulatory Organization’s
                                                    statements and other documents have been
                                                    furnished in proper form. . . . The staff
                                                                                                                                                                     Statement of the Terms of the Substance
                                                                                                              76 See,  e.g., Dichter–Mad Family Partners, LLP v.
                                                    confers with applicants and makes                                                                                of the Proposed Rule Change
                                                                                                            United States, 707 F.Supp.2d 1016, 1042–43 (C.D.
                                                    suggestions in appropriate cases for                    Cal. 2010), aff’d, 709 F.3d 749 (9th Cir. 2013)
                                                    amendments and supplemental information.                                                                           The Exchange proposes to revise the
                                                                                                            (dismissing plaintiffs’ claims upon finding, among
                                                    Where it appears appropriate in the public              other things, that even though statute mandated that
                                                                                                                                                                     schedule for implementing the
                                                    interest and where a basis therefore exists,            agency staff ‘‘shall’’ engage in certain conduct, such   Exchange’s recently approved rule to
                                                    denial proceedings may be instituted.                   language was ‘‘modified by the discretionary ‘as         provide a price protection for Market
                                                       AMSE appears to construe the second                  appropriate’’’ and thus statute conferred discretion     Maker quotes pursuant to Rule 967.1NY.
                                                                                                            upon agency officials). Cf. Nat’l Env’t. Dev. Ass’n’s    The text of the proposed rule change is
                                                    sentence in the quoted language above                   Clean Air Project v. EPA, 686 F.3d 803, 813 (D.C.
                                                    to establish a binding obligation on the                                                                         available on the Exchange’s Web site at
                                                                                                            Cir. 2012) (concluding that the statutory phrase ‘‘as
                                                    Commission staff to work with AMSE to                   appropriate’’ conferred ‘‘significant discretion’’       www.nyse.com, at the principal office of
                                                    achieve Commission approval of its                      upon the agency); Bear Valley Mut. Water Co. v.          the Exchange, and at the Commission’s
                                                    exemption application.                                  Salazar, No. 11–01263, 2012 WL 5353353 (C.D. Cal.        Public Reference Room.
                                                       But the rule contains no such                        Oct. 17, 2012) (same); City of Toledo v. Beazer
                                                                                                            Materials & Servs., Inc., No. 90–CV–7344, 1995 WL        II. Self-Regulatory Organization’s
                                                    requirement; indeed, it does not
                                                                                                            770396 (N.D. Ohio June 14, 1995) (the same phrase        Statement of the Purpose of, and
                                                    prescribe any procedure that the
                                                    Commission staff must follow when
                                                                                                            in a federal regulation indicated that the described     Statutory Basis for, the Proposed Rule
                                                                                                            activity was ‘‘not mandatory’’).                         Change
                                                    working with applicants on applications                    77 Nor does the rule contain any suggestion that,

                                                    for registration or exemption from                      absent such a conference with the staff, the               In its filing with the Commission, the
                                                    registration. To the contrary, when the                 administrative record would be fatally deficient and     self-regulatory organization included
                                                    rule refers to Commission staff                         any subsequent action by the Commission on the
                                                                                                                                                                     statements concerning the purpose of,
                                                    conferring with applicants, it is                       application would be improper.
                                                                                                               78 See supra note 6 (discussing communications        and basis for, the proposed rule change
                                                    expressly descriptive, rather than
                                                                                                            between Commission staff and AMSE regarding              and discussed any comments it received
                                                    prescriptive, as to the staff’s actions.
                                                                                                            AMSE’s application occurring between December            on the proposed rule change. The text
                                                    And, critically, it provides only that the
                                                    staff will ‘‘confer[] with applicants and
                                                                                                            2013 and March 2014).                                    of those statements may be examined at
                                                                                                               79 We note that, at times during the pendency of
                                                    make[] suggestions in appropriate                                                                                the places specified in Item IV below.
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                            its exemption application, AMSE made
                                                    cases . . . .’’ 75 The rule thus explicitly                                                                      The Exchange has prepared summaries,
                                                                                                            unsubstantiated claims of bad faith on the staff’s
                                                    leaves it to the staff to identify the                  part. We see no indication of any bad faith,
                                                                                                                                                                     set forth in sections A, B, and C below,
                                                    situations in which it would be                         however. And in any event, we have reached our           of the most significant parts of such
                                                                                                            determination to deny AMSE’s exemption                   statements.
                                                      74 See Securities Exchange Act Release No. 41199      application based on our own independent review
                                                    (March 22, 1999), 64 FR 14953 (March 29, 1999)          of the application. Accordingly, we are confident
                                                                                                                                                                      1 15 U.S.C. 78s(b)(1).
                                                    (order granting a limited volume exemption under        that AMSE has had a full and fair opportunity to
                                                                                                                                                                      2 15 U.S.C. 78a.
                                                    Section 5 of the Act to Tradepoint).                    present its application to us for consideration and
                                                      75 17 CFR 202.3(b)(2) (emphasis added).               that AMSE has suffered no prejudice.                      3 17 CFR 240.19b–4.




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                                                                                 Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Notices                                           34771

                                                    A. Self-Regulatory Organization’s                       967.1NY(b) as it relates to quotes that                impediments to and perfect the
                                                    Statement of the Purpose of, and                        have been rejected pursuant to the                     mechanism of a free and open market
                                                    Statutory Basis for, the Proposed Rule                  NBBO Price Reasonability Check first.                  and a national market system, and in
                                                    Change                                                  The Exchange believes that because the                 general, to protect investors and the
                                                                                                            NBBO Price Reasonability Check is an                   public interest.
                                                    1. Purpose
                                                                                                            approved rule of the Exchange,
                                                       The Exchange is proposing to revise                                                                           The Exchange believes that providing
                                                                                                            implementing it as soon as practicable
                                                    the schedule for implementing the                                                                              an iterative implementation schedule
                                                                                                            would enable Market Makers and
                                                    Exchange’s recently approved rule to                    investors alike to benefit from the                    for the approved price protection
                                                    provide a price protection risk                         protections that would be afforded by                  features set forth in Rule 967.1NY is
                                                    mechanism for Market Maker quotes                       the NBBO Price Reasonability Check.6                   consistent with the Act because it
                                                    pursuant to Rule 967.1NY.4                              The Exchange would announce the                        would enable Market Makers and the
                                                       Rule 967.1NY provides two layers of                  implementation date by Trader Update                   public to immediately benefit from the
                                                    price protection to incoming Market                     to be published no later than five (5)                 approved NBBO Reasonability Check
                                                    Maker quotes, rejecting those Market                    days after the Commission’s publication                while allowing the Exchange additional
                                                    Maker quotes that exceed certain                        of this filing.                                        time to implement the technology
                                                    parameters, as a risk mitigation tool.                     The Exchange further proposes a                     associated with the Underlying Stock
                                                    The first layer of price protection, set                separate, later implementation date for                Price/Strike Price Check when there is
                                                    forth in Rule 967.1NY(a)(1), assesses                   Rule 967.1NY(a)(2) and (3) (the                        no reliable NBBO available.
                                                    incoming sell quotes against the NBB                    Underlying Stock Price/Strike Price                      Specifically, the proposed iterative
                                                    and incoming buy quotes against the                     Check) and Rule 967.1NY(b) as it relates               implementation schedule for Rule
                                                    NBO (the ‘‘NBBO Price Reasonability                     to the Underlying Stock Price/Strike                   967.1NY would assist with the
                                                    Check’’). Specifically, per Rule                        Price Check. This two-stage                            maintenance of a fair and orderly
                                                    967.1NY(a)(1), provided that an NBBO                    implementation would provide the                       market and protect investors and the
                                                    is available, a Market Maker quote                      Exchange additional time to implement                  public interest because it would enable
                                                    would be rejected if it is priced a                     the technology related to the Underlying
                                                                                                                                                                   the Exchange to implement the NBBO
                                                    specified dollar amount or percentage                   Stock Price/Strike Price Check. The
                                                    through the contra-side NBBO.                                                                                  Reasonability Check immediately,
                                                                                                            Exchange proposes to add Commentary
                                                       The second layer of price protection                                                                        thereby helping to mitigate the risks
                                                                                                            .01 to the rule, directing ATP Holders to
                                                    assesses the price of call or put bids                  consult Trader Updates for additional                  associated with the entry of quotes that
                                                    against a specified benchmark (the                      information regarding the                              are priced a specified dollar amount or
                                                    ‘‘Underlying Stock Price/Strike Price                   implementation schedule for paragraphs                 percentage through the prevailing
                                                    Check’’), per Rule 967.1NY(a)(2) and (3).               (a)(2) and (a)(3) of the Rule, with final              contra-side market, which the Exchange
                                                    This second layer of protection applies                 implementation of such paragraphs to                   believes is evidence of error. The
                                                    to bids in call options or put options                  be completed by no later than March 4,                 Exchange further believes that
                                                    when (1) there is no NBBO available, for                2016. As noted above, the Exchange                     announcing the implementation dates of
                                                    example, during pre-opening or prior to                 proposes to announce the                               the new risk mitigation tools via Trader
                                                    conducting a re-opening after a trading                 implementation date via Trader Update                  Updates would remove impediments to
                                                    halt, or (2) if the NBBO is so wide as to               and would indicate those symbols for                   and perfects the mechanism of a free
                                                    not reflect an appropriate price for the                which the Underlying Stock Price/Strike                and open market because they would
                                                    respective options series.                              Price Check will be unavailable, as the                provide notice of when each of the
                                                       Rule 967.1NY(b) operates as an                       Exchange anticipates that this                         approved risk control features is being
                                                    additional safeguard and risk control                   functionality would be implemented on                  implemented, and for which symbols.
                                                    feature. In particular, when a Market                   an iterative basis depending on the
                                                    Maker quote is rejected pursuant to Rule                                                                       B. Self-Regulatory Organization’s
                                                                                                            symbol. Further, the Exchange will
                                                    967.1NY(a), the Exchange will also                      issue subsequent Trader Updates                        Statement on Burden on Competition
                                                    cancel any resting same-side quote(s) in                whenever there is a change to the list of                 The Exchange does not believe that
                                                    the affected series, if rejected pursuant               symbols for which the Underlying Stock                 the proposed rule change will impose
                                                    to (a)(1); or the Exchange will also                    Price/Strike Price Check is unavailable.               any burden on competition that is not
                                                    cancel any resting same-side quote(s) in                   The Exchange is proposing this rule
                                                                                                                                                                   necessary or appropriate in furtherance
                                                    the affected class(es), if rejected                     change to provide transparency
                                                                                                                                                                   of the purposes of the Act. The
                                                    pursuant to (a)(2) or (a)(3) of the Rule.               regarding the implementation schedule
                                                                                                                                                                   proposed rule change is not designed to
                                                       When the Exchange proposed Rule                      regarding the two layers of price
                                                                                                            protection for Marker Maker quotes                     address any competitive issues, but
                                                    967.1NY, it stated that it would
                                                    announce via Trader Update the                          pursuant to Rule 967.1NY.                              rather, to propose an iterative
                                                    implementation date of the Rule.5                                                                              implementation schedule for an
                                                                                                            2. Statutory Basis                                     approved rule of the Exchange.
                                                    Because of the differing technology
                                                    associated with the two layers of price                    The proposed rule change is                         Therefore, the Exchange does not
                                                    protection, the Exchange now proposes                   consistent with Section 6(b) of the Act,7              believe that the proposed rule change
                                                    a two-stage implementation of the Rule.                 in general, and furthers the objectives of             will impose any burden on competition,
                                                                                                            Section 6(b)(5),8 in particular, in that it            but rather, would enable Market Makers,
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                                                    Specifically, the Exchange proposes to
                                                    implement Rule 967.1NY(a)(1) and Rule                   is designed to promote just and                        the public, and investors to immediately
                                                                                                            equitable principles of trade, to remove               benefit from the additional price
                                                       4 See Securities Exchange Act Release No. 74440                                                             protection offered by the NBBO
                                                    (March 4, 2015), 80 FR 12687 (March 10, 2015) (SR–        6 The Exchange notes that to the extent that Rule
                                                                                                                                                                   Reasonability Check and delay the
                                                    NYSEMKT–2014–116) (Approval Order); see also            967.1NY(b) references Rule 967.1NY(a)(2) and (3),      implementation of the Underlying Stock
                                                    Securities Exchange Act Release No. 74017 (January      that language would be without force until the
                                                    8, 2015), 80 FR 1979 (January 14, 2015) (SR–            implementation of the latter sections of the Rule.     Price/Strike Price Check pending
                                                    NYSEMKT–2014–116) (Notice).                               7 15 U.S.C. 78f(b).                                  finalization of the technology associated
                                                       5 See Notice, id., 80 FR at 1981.                      8 15 U.S.C. 78f(b)(5).                               with that feature.


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                                                    34772                         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,
                                                                                                                                                                   Deputy Secretary.
                                                      No written comments were solicited                      Interested persons are invited to
                                                                                                                                                                   [FR Doc. 2015–14825 Filed 6–16–15; 8:45 am]
                                                    or received with respect to the proposed                submit written data, views, and
                                                    rule change.                                                                                                   BILLING CODE 8011–01–P
                                                                                                            arguments concerning the foregoing,
                                                    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                                                                            [File No. 500–1]
                                                    does not (i) significantly affect the                   Electronic Comments
                                                    protection of investors or the public                                                                          In the Matter of Joymain International
                                                    interest; (ii) impose any significant                     • Use the Commission’s Internet                      Development Group, Inc.; Order of
                                                    burden on competition; and (iii) become                 comment form (http://www.sec.gov/                      Suspension of Trading
                                                    operative for 30 days from the date on                  rules/sro.shtml); or
                                                                                                                                                                   June 15, 2015.
                                                    which it was filed, or such shorter time                  • Send an email to rule-comments@
                                                    as the Commission may designate if                                                                                It appears to the Securities and
                                                                                                            sec.gov. Please include File Number SR–                Exchange Commission (‘‘Commission’’)
                                                    consistent with the protection of                       NYSEMKT–2015–42 on the subject line.
                                                    investors and the public interest, the                                                                         that the public interest and the
                                                    proposed rule change has become                         Paper Comments                                         protection of investors require a
                                                    effective pursuant to Section 19(b)(3)(A)                                                                      suspension of trading in the securities of
                                                    of the Act 9 and Rule 19b–4(f)(6)(iii)                    • Send paper comments in triplicate                  Joymain International Development
                                                    thereunder.10                                           to Secretary, Securities and Exchange                  Group, Inc. (CIK No. 0001061169)
                                                       The Exchange has asked the                           Commission, 100 F Street NE.,                          (‘‘Joymain’’), because of recent, unusual
                                                    Commission to waive the 30-day                          Washington, DC 20549–1090.                             and unexplained market activity raising
                                                    operative delay so that the proposal may                                                                       concerns regarding the adequacy and
                                                                                                            All submissions should refer to File                   accuracy of publicly-available
                                                    become operative immediately upon
                                                                                                            Number SR–NYSEMKT–2015–42. This                        information, including information
                                                    filing. The Exchange stated that waiver
                                                    of this requirement would enable the                    file number should be included on the                  concerning Joymain’s financial
                                                    Exchange to implement immediately the                   subject line if email is used. To help the             condition and scope of operations.
                                                    approved price protection risk                          Commission process and review your                     Joymain is a Nevada corporation with a
                                                    mechanisms for which the associated                     comments more efficiently, please use                  business address in Miami, Florida, and
                                                    Exchange technology is currently                        only one method. The Commission will                   its common stock is quoted on the OTC
                                                    available or is in the process of                       post all comments on the Commission’s                  Link (previously ‘‘Pink Sheets’’)
                                                    becoming finalized, consistent with the                 Internet Web site (http://www.sec.gov/                 operated by OTC Markets Group, Inc.
                                                    proposed implementation schedule. The                   rules/sro.shtml). Copies of the                        (‘‘OTC Link’’) under the ticker symbol
                                                    Commission believes the waiver of the                   submission, all subsequent                             JIDG.
                                                    operative delay is consistent with the                  amendments, all written statements                        Therefore, it is ordered, pursuant to
                                                    protection of investors and the public                                                                         Section 12(k) of the Securities Exchange
                                                                                                            with respect to the proposed rule
                                                    interest. Therefore, the Commission                                                                            Act of 1934, that trading in the
                                                                                                            change that are filed with the
                                                    hereby waives the operative delay and                                                                          securities of Joymain is suspended for
                                                                                                            Commission, and all written                            the period from 9:30 a.m. EDT on June
                                                    designates the proposed rule change to                  communications relating to the                         15, 2015, through 11:59 p.m. EDT on
                                                    be operative upon filing.11                             proposed rule change between the
                                                       At any time within 60 days of the                                                                           June 26, 2015.
                                                                                                            Commission and any person, other than
                                                    filing of the proposed rule change, the                                                                           By the Commission.
                                                                                                            those that may be withheld from the
                                                    Commission summarily may                                public in accordance with the
                                                                                                                                                                   Jill M. Peterson,
                                                    temporarily suspend such rule change if                                                                        Assistant Secretary.
                                                                                                            provisions of 5 U.S.C. 552, will be
                                                    it appears to the Commission that such                                                                         [FR Doc. 2015–14991 Filed 6–15–15; 4:15 pm]
                                                                                                            available for Web site viewing and
                                                    action is necessary or appropriate in the                                                                      BILLING CODE 8011–01–P
                                                                                                            printing in the Commission’s Public
                                                    public interest, for the protection of
                                                    investors, or otherwise in furtherance of               Reference Room, 100 F Street NE.,
                                                    the purposes of the Act. If the                         Washington, DC 20549 on official                       SECURITIES AND EXCHANGE
                                                    Commission takes such action, the                       business days between the hours of                     COMMISSION
                                                    Commission shall institute proceedings                  10:00 a.m. and 3:00 p.m. Copies of such
                                                                                                            filing also will be available for                      [Release No. 34–75150; File No. SR–EDGX–
                                                                                                                                                                   2015–27]
                                                      9 15  U.S.C. 78s(b)(3)(A).                            inspection and copying at the principal
                                                      10 17  CFR 240.19b–4(f)(6)(iii). As required under    office of the Exchange. All comments                   Self-Regulatory Organizations; EDGX
                                                    Rule 19b–4(f)(6)(iii), the Exchange provided the        received will be posted without change;
                                                    Commission with written notice of its intent to file                                                           Exchange, Inc.; Notice of Filing and
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    the proposed rule change, along with a brief            the Commission does not edit personal                  Immediate Effectiveness of a Proposed
                                                    description and the text of the proposed rule           identifying information from                           Rule Change Related to Fees for Use
                                                    change, at least five business days prior to the date   submissions. You should submit only                    of EDGX Exchange, Inc.
                                                    of filing of the proposed rule change, or such
                                                    shorter time as designated by the Commission.
                                                                                                            information that you wish to make
                                                                                                            available publicly. All submissions                    June 11, 2015.
                                                       11 For purposes only of waiving the 30-day

                                                                                                            should refer to File Number SR–                          Pursuant to Section 19(b)(1) of the
                                                    operative delay, the Commission has also
                                                    considered the proposed rule’s impact on                                                                       Securities Exchange Act of 1934 (the
                                                                                                            NYSEMKT–2015–42, and should be
                                                    efficiency, competition, and capital formation. See
                                                    15 U.S.C. 78c(f).                                       submitted on or before July 8, 2015.                     12 17   CFR 200.30–3(a)(12).



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Document Created: 2015-12-15 14:23:20
Document Modified: 2015-12-15 14:23:20
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 34770 

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