80_FR_37458 80 FR 37333 - Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to Extension of the Exchange's Penny Pilot Program and Replacement of Penny Pilot Issues That Have Been Delisted

80 FR 37333 - Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to Extension of the Exchange's Penny Pilot Program and Replacement of Penny Pilot Issues That Have Been Delisted

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 125 (June 30, 2015)

Page Range37333-37335
FR Document2015-15982

Federal Register, Volume 80 Issue 125 (Tuesday, June 30, 2015)
[Federal Register Volume 80, Number 125 (Tuesday, June 30, 2015)]
[Notices]
[Pages 37333-37335]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-15982]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75286; File No. SR-Phlx-2015-54]


Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change Relating 
to Extension of the Exchange's Penny Pilot Program and Replacement of 
Penny Pilot Issues That Have Been Delisted

June 24, 2015.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 19b-4 \2\ thereunder, notice is hereby given 
that on June 18, 2015, NASDAQ OMX PHLX LLC (``Phlx'' or ``Exchange'') 
filed with the Securities and Exchange Commission (``SEC'' or 
``Commission'') the proposed rule change as described in Items I and II 
below, which Items have been prepared by the Exchange. The Commission 
is publishing this notice to solicit comments on the proposed rule 
change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange is filing with the Commission a proposal to amend Phlx 
Rule 1034 (Minimum Increments) to extend through June 30, 2016 or the 
date of permanent approval, if earlier, the Penny Pilot Program in 
options classes in certain issues (``Penny Pilot'' or ``Pilot''), and 
to change the date when delisted classes may be replaced in the Penny 
Pilot.\3\
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    \3\ The Penny Pilot was established in January 2007 and was last 
extended in 2014. See Securities Exchange Act Release Nos. 55153 
(January 23, 2007), 72 FR 4553 (January 31, 2007)(SR-Phlx-2006-
74)(notice of filing and approval order establishing Penny Pilot); 
and 73688 (November 25, 2014), 79 FR 71484 (December 2, 2014)(SR-
Phlx-2014-77)(notice of filing and immediate effectiveness extending 
the Penny Pilot through June 30, 2015).
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    The text of the amended Exchange rule is set forth immediately 
below.
    Proposed new language is in italics and proposed deleted language 
is [bracketed].

NASDAQ OMX PHLX Rules

Options Rules

* * * * *

Rule 1034. Minimum Increments

    (a) Except as provided in sub-paragraphs (i)(B) and (iii) below, 
all options on stocks, index options, and Exchange Traded Fund Shares 
quoting in decimals at $3.00 or higher shall have a minimum increment 
of $.10, and all options on stocks and index options quoting in 
decimals under $3.00 shall have a minimum increment of $.05.
    (i)(A) No Change.
    (B) For a pilot period scheduled to expire June 30, [2015]2016 or 
the date of permanent approval, if earlier (the ``pilot''), certain 
options shall be quoted and traded on the Exchange in minimum 
increments of $0.01 for all series in such options with a price of less 
than $3.00, and in minimum increments of $0.05 for all series in such 
options with a price of $3.00 or higher, except that options overlying 
the PowerShares QQQ Trust (``QQQQ'')[supreg], SPDR S&P 500 Exchange 
Traded Funds (``SPY''), and iShares Russell 2000 Index Funds (``IWM'') 
shall be quoted and traded in minimum increments of $0.01 for all 
series regardless of the price. A list of such options shall be 
communicated to membership via an Options Trader Alert (``OTA'') posted 
on the Exchange's Web site.
    The Exchange may replace any pilot issues that have been delisted 
with the next most actively traded multiply listed options classes that 
are not yet included in the pilot, based on trading activity in the 
previous six months. The replacement issues may be added to the pilot 
on the second trading day following July 1, 2015 and January 1, 
[2015]2016.
    (C) No Change.
    (ii)-(v) No Change.
* * * * *
    The text of the proposed rule change is available on the Exchange's 
Web site at http://nasdaqomxphlx.cchwallstreet.com, at the principal 
office of the Exchange, and at the Commission's Public Reference Room.

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

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

[[Page 37334]]

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

1. Purpose
    The purpose of this filing is to amend Phlx Rule 1034 to extend the 
Penny Pilot through June 30, 2016 or the date of permanent approval, if 
earlier, and to change the date when delisted classes may be replaced 
in the Penny Pilot. The Exchange believes that extending the Penny 
Pilot will allow for further analysis of the Penny Pilot and a 
determination of how the program should be structured in the future.
    Under the Penny Pilot, the minimum price variation for all 
participating options classes, except for the Nasdaq-100 Index Tracking 
Stock (``QQQQ''), the SPDR S&P 500 Exchange Traded Fund (``SPY'') and 
the iShares Russell 2000 Index Fund (``IWM''), is $0.01 for all 
quotations in options series that are quoted at less than $3 per 
contract and $0.05 for all quotations in options series that are quoted 
at $3 per contract or greater. QQQQ, SPY and IWM are quoted in $0.01 
increments for all options series. The Penny Pilot is currently 
scheduled to expire on June 30, 2015.
    The Exchange proposes to extend the time period of the Penny Pilot 
through June 30, 2016 or the date of permanent approval, if earlier, 
and to provide a revised date for adding replacement issues to the 
Penny Pilot. The Exchange proposes that any Penny Pilot Program issues 
that have been delisted may be replaced on the second trading day 
following July 1, 2015 and January 1, 2016. The replacement issues will 
be selected based on trading activity in the previous six months.\4\
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    \4\ The replacement issues will be announced to the Exchange's 
membership via an Options Trader Alert (OTA) posted on the 
Exchange's Web site. The Exchange proposes in its Penny Pilot rule 
that replacement issues will be selected based on trading activity 
in the previous six months. The replacement issues would be 
identified based on The Options Clearing Corporation's trading 
volume data. For example, for the July replacement, trading volume 
from December 1, 2014 through May 30, 2015 would be analyzed. The 
month immediately preceding the replacement issues' addition to the 
Pilot Program (i.e., June) would not be used for purposes of the 
six-month analysis.
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    This filing does not propose any substantive changes to the Penny 
Pilot Program; all classes currently participating in the Penny Pilot 
will remain the same and all minimum increments will remain unchanged. 
The Exchange believes the benefits to public customers and other market 
participants who will be able to express their true prices to buy and 
sell options have been demonstrated to outweigh the potential increase 
in quote traffic.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with section 
6(b) of the Act,\5\ in general, and furthers the objectives of section 
6(b)(5) of the Act,\6\ in particular, in that it is designed to prevent 
fraudulent and manipulative acts and practices, to promote just and 
equitable principles of trade, to foster cooperation and coordination 
with persons engaged in facilitating transactions in securities, and to 
remove impediments to and perfect the mechanism of a free and open 
market and a national market system and, in general, to protect 
investors and the public interest.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
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    In particular, the proposed rule change, which extends the Penny 
Pilot for an additional twelve months through June 30, 2016 or the date 
of permanent approval, if earlier, and changes the date for replacing 
Penny Pilot issues that were delisted to the second trading day 
following July 1, 2015 and January 1, 2016, will enable public 
customers and other market participants to express their true prices to 
buy and sell options for the benefit of all market participants. This 
is consistent with the Act.

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

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition not necessary or appropriate in 
furtherance of the purposes of the Act. To the contrary, this proposal 
is pro-competitive because it allows Penny Pilot issues to continue 
trading on the Exchange. Moreover, the Exchange believes that the 
proposed rule change will allow for further analysis of the Pilot and a 
determination of how the Pilot should be structured in the future; and 
will serve to promote regulatory clarity and consistency, thereby 
reducing burdens on the marketplace and facilitating investor 
protection. The Pilot is an industry-wide initiative supported by all 
other option exchanges. The Exchange believes that extending the Pilot 
will allow for continued competition between market participants on the 
Exchange trading similar products as their counterparts on other 
exchanges, while at the same time allowing the Exchange to continue to 
compete for order flow with other exchanges in option issues trading as 
part of the Pilot.

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

    No written comments were either solicited or received.

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

    The Exchange has filed the proposed rule change pursuant to section 
19(b)(3)(A)(iii) of the Act \7\ and Rule 19b-4(f)(6) thereunder.\8\ 
Because the proposed rule change does not: (i) Significantly affect the 
protection of investors or the public interest; (ii) impose any 
significant burden on competition; and (iii) become operative prior to 
30 days from the date on which it was filed, or such shorter time as 
the Commission may designate, 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 and Rule 19b-
4(f)(6)(iii) thereunder.
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    \7\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \8\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \9\ normally 
does not become operative prior to 30 days after the date of the 
filing.\10\ However, pursuant to Rule 19b-4(f)(6)(iii),\11\ the 
Commission may designate a shorter time if such action is consistent 
with the protection of investors and the public interest. The Exchange 
has asked the Commission to waive the 30-day operative delay so that 
the proposal may become operative immediately upon filing. The 
Commission believes that waiving the 30-day operative delay is 
consistent with the protection of investors and the public interest 
because doing so will allow the Pilot Program to continue without 
interruption in a manner that is consistent with the Commission's prior 
approval of the extension and expansion of the Pilot Program and will 
allow the Exchange and the Commission additional time to analyze the 
impact of the Pilot Program. Accordingly, the Commission designates the 
proposed

[[Page 37335]]

rule change as operative upon filing with the Commission.\12\
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    \9\ 17 CFR 240.19b-4(f)(6).
    \10\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) 
requires the Exchange to give the Commission written notice of the 
Exchange's 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 satisfied this pre-filing requirement.
    \11\ 17 CFR 240.19b-4(f)(6)(iii).
    \12\ For purposes only of waiving the operative delay for this 
proposal, the Commission has 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 such 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 under 
section 19(b)(2)(B) \13\ of the Act to determine whether the proposed 
rule change should be approved or disapproved.
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    \13\ 15 U.S.C. 78s(b)(2)(B).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-Phlx-2015-54 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Phlx-2015-54. 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 20549-1090 on official business days between the hours 
of 10:00 a.m. and 3:00 p.m. Copies of the filing will also be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-Phlx-2015-54 and should be 
submitted on or before July 21, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-15982 Filed 6-29-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                     Federal Register / Vol. 80, No. 125 / Tuesday, June 30, 2015 / Notices                                              37333

                                                    Electronic Comments                                       SECURITIES AND EXCHANGE                                 in decimals at $3.00 or higher shall have
                                                                                                              COMMISSION                                              a minimum increment of $.10, and all
                                                      • Use the Commission’s Internet                                                                                 options on stocks and index options
                                                    comment form (http://www.sec.gov/                         [Release No. 34–75286; File No. SR–Phlx–
                                                                                                              2015–54]                                                quoting in decimals under $3.00 shall
                                                    rules/sro.shtml); or                                                                                              have a minimum increment of $.05.
                                                      • Send an email to rule-comments@                       Self-Regulatory Organizations;                             (i)(A) No Change.
                                                    sec.gov. Please include File Number SR–                   NASDAQ OMX PHLX LLC; Notice of
                                                    NYSEArca–2015–51 on the subject line.                     Filing and Immediate Effectiveness of                      (B) For a pilot period scheduled to
                                                                                                              a Proposed Rule Change Relating to                      expire June 30, [2015]2016 or the date
                                                    Paper Comments                                            Extension of the Exchange’s Penny                       of permanent approval, if earlier (the
                                                                                                              Pilot Program and Replacement of                        ‘‘pilot’’), certain options shall be quoted
                                                      • Send paper comments in triplicate
                                                                                                              Penny Pilot Issues That Have Been                       and traded on the Exchange in
                                                    to Secretary, Securities and Exchange
                                                                                                              Delisted                                                minimum increments of $0.01 for all
                                                    Commission, 100 F Street, NE.,
                                                                                                                                                                      series in such options with a price of
                                                    Washington, DC 20549–1090.                                June 24, 2015.                                          less than $3.00, and in minimum
                                                    All submissions should refer to File                         Pursuant to section 19(b)(1) of the                  increments of $0.05 for all series in such
                                                                                                              Securities Exchange Act of 1934                         options with a price of $3.00 or higher,
                                                    Number SR–NYSEArca–2015–51. This
                                                                                                              (‘‘Act’’),1 and Rule 19b–4 2 thereunder,
                                                    file number should be included on the                                                                             except that options overlying the
                                                                                                              notice is hereby given that on June 18,
                                                    subject line if email is used. To help the                                                                        PowerShares QQQ Trust (‘‘QQQQ’’)®,
                                                                                                              2015, NASDAQ OMX PHLX LLC
                                                    Commission process and review your                        (‘‘Phlx’’ or ‘‘Exchange’’) filed with the               SPDR S&P 500 Exchange Traded Funds
                                                    comments more efficiently, please use                     Securities and Exchange Commission                      (‘‘SPY’’), and iShares Russell 2000 Index
                                                    only one method. The Commission will                      (‘‘SEC’’ or ‘‘Commission’’) the proposed                Funds (‘‘IWM’’) shall be quoted and
                                                    post all comments on the Commission’s                     rule change as described in Items I and                 traded in minimum increments of $0.01
                                                    Internet Web site (http://www.sec.gov/                    II below, which Items have been                         for all series regardless of the price. A
                                                    rules/sro.shtml). Copies of the                           prepared by the Exchange. The                           list of such options shall be
                                                    submission, all subsequent                                Commission is publishing this notice to                 communicated to membership via an
                                                    amendments, all written statements                        solicit comments on the proposed rule                   Options Trader Alert (‘‘OTA’’) posted on
                                                    with respect to the proposed rule                         change from interested persons.                         the Exchange’s Web site.
                                                    change that are filed with the                            I. Self-Regulatory Organization’s                          The Exchange may replace any pilot
                                                    Commission, and all written                               Statement of the Terms of Substance of                  issues that have been delisted with the
                                                    communications relating to the                            the Proposed Rule Change                                next most actively traded multiply
                                                    proposed rule change between the                                                                                  listed options classes that are not yet
                                                                                                                 The Exchange is filing with the
                                                    Commission and any person, other than                                                                             included in the pilot, based on trading
                                                                                                              Commission a proposal to amend Phlx
                                                    those that may be withheld from the                                                                               activity in the previous six months. The
                                                                                                              Rule 1034 (Minimum Increments) to
                                                    public in accordance with the                                                                                     replacement issues may be added to the
                                                                                                              extend through June 30, 2016 or the date
                                                    provisions of 5 U.S.C. 552, will be                       of permanent approval, if earlier, the                  pilot on the second trading day
                                                    available for Web site viewing and                        Penny Pilot Program in options classes                  following July 1, 2015 and January 1,
                                                    printing in the Commission’s Public                       in certain issues (‘‘Penny Pilot’’ or                   [2015]2016.
                                                    Reference Section, 100 F Street NE.,                      ‘‘Pilot’’), and to change the date when                    (C) No Change.
                                                    Washington, DC 20549–1090 on official                     delisted classes may be replaced in the                    (ii)–(v) No Change.
                                                    business days between the hours of                        Penny Pilot.3
                                                    10:00 a.m. and 3:00 p.m. Copies of the                       The text of the amended Exchange                     *      *      *     *    *
                                                    filing will also be available for                         rule is set forth immediately below.                       The text of the proposed rule change
                                                    inspection and copying at the NYSE’s                         Proposed new language is in italics                  is available on the Exchange’s Web site
                                                    principal office and on its Internet Web                  and proposed deleted language is                        at http://
                                                    site at www.nyse.com. All comments                        [bracketed].                                            nasdaqomxphlx.cchwallstreet.com, at
                                                    received will be posted without change;                   NASDAQ OMX PHLX Rules                                   the principal office of the Exchange, and
                                                    the Commission does not edit personal                                                                             at the Commission’s Public Reference
                                                    identifying information from                              Options Rules                                           Room.
                                                    submissions. You should submit only                       *          *   *       *      *
                                                                                                                                                                      II. Self-Regulatory Organization’s
                                                    information that you wish to make                         Rule 1034. Minimum Increments                           Statement of the Purpose of, and
                                                    available publicly. All submissions
                                                                                                                (a) Except as provided in sub-                        Statutory Basis for, the Proposed Rule
                                                    should refer to File Number SR–
                                                                                                              paragraphs (i)(B) and (iii) below, all                  Change
                                                    NYSEArca–2015–51 and should be
                                                                                                              options on stocks, index options, and
                                                    submitted on or before July 21,2015.                                                                                In its filing with the Commission, the
                                                                                                              Exchange Traded Fund Shares quoting
                                                      For the Commission, by the Division of                                                                          Exchange included statements
                                                    Trading and Markets, pursuant to delegated                    1 15
                                                                                                                     U.S.C. 78s(b)(1).                                concerning the purpose of and basis for
                                                    authority.16                                                  2 17
                                                                                                                     CFR 240.19b–4.                                   the proposed rule change and discussed
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    Robert W. Errett,
                                                                                                                 3 The Penny Pilot was established in January 2007    any comments it received on the
                                                                                                              and was last extended in 2014. See Securities           proposed rule change. The text of these
                                                    Deputy Secretary.                                         Exchange Act Release Nos. 55153 (January 23,
                                                                                                              2007), 72 FR 4553 (January 31, 2007)(SR–Phlx–
                                                                                                                                                                      statements may be examined at the
                                                    [FR Doc. 2015–15977 Filed 6–29–15; 8:45 am]
                                                                                                              2006–74)(notice of filing and approval order            places specified in Item IV below. The
                                                    BILLING CODE 8011–01–P
                                                                                                              establishing Penny Pilot); and 73688 (November 25,      Exchange has prepared summaries, set
                                                                                                              2014), 79 FR 71484 (December 2, 2014)(SR–Phlx–          forth in sections A, B, and C below, of
                                                                                                              2014–77)(notice of filing and immediate
                                                                                                              effectiveness extending the Penny Pilot through         the most significant aspects of such
                                                      16 17   CFR 200.30–3(a)(12).                            June 30, 2015).                                         statements.


                                               VerDate Sep<11>2014     17:34 Jun 29, 2015   Jkt 235001   PO 00000    Frm 00115   Fmt 4703   Sfmt 4703   E:\FR\FM\30JNN1.SGM   30JNN1


                                                    37334                          Federal Register / Vol. 80, No. 125 / Tuesday, June 30, 2015 / Notices

                                                    A. Self-Regulatory Organization’s                       demonstrated to outweigh the potential                   C. Self-Regulatory Organization’s
                                                    Statement of the Purpose of, and                        increase in quote traffic.                               Statement on Comments on the
                                                    Statutory Basis for, the Proposed Rule                                                                           Proposed Rule Change Received from
                                                                                                            2. Statutory Basis
                                                    Change                                                                                                           Members, Participants, or Others
                                                                                                               The Exchange believes that its
                                                    1. Purpose                                                                                                         No written comments were either
                                                                                                            proposal is consistent with section 6(b)
                                                       The purpose of this filing is to amend               of the Act,5 in general, and furthers the                solicited or received.
                                                    Phlx Rule 1034 to extend the Penny                      objectives of section 6(b)(5) of the Act,6               III. Date of Effectiveness of the
                                                    Pilot through June 30, 2016 or the date                 in particular, in that it is designed to                 Proposed Rule Change and Timing for
                                                    of permanent approval, if earlier, and to               prevent fraudulent and manipulative                      Commission Action
                                                    change the date when delisted classes                   acts and practices, to promote just and
                                                    may be replaced in the Penny Pilot. The                 equitable principles of trade, to foster                    The Exchange has filed the proposed
                                                    Exchange believes that extending the                    cooperation and coordination with                        rule change pursuant to section
                                                    Penny Pilot will allow for further                      persons engaged in facilitating                          19(b)(3)(A)(iii) of the Act 7 and Rule
                                                    analysis of the Penny Pilot and a                       transactions in securities, and to remove                19b–4(f)(6) thereunder.8 Because the
                                                    determination of how the program                        impediments to and perfect the                           proposed rule change does not: (i)
                                                    should be structured in the future.                     mechanism of a free and open market                      Significantly affect the protection of
                                                       Under the Penny Pilot, the minimum                   and a national market system and, in                     investors or the public interest; (ii)
                                                    price variation for all participating                   general, to protect investors and the                    impose any significant burden on
                                                    options classes, except for the Nasdaq-                 public interest.                                         competition; and (iii) become operative
                                                    100 Index Tracking Stock (‘‘QQQQ’’),                       In particular, the proposed rule                      prior to 30 days from the date on which
                                                    the SPDR S&P 500 Exchange Traded                        change, which extends the Penny Pilot                    it was filed, or such shorter time as the
                                                    Fund (‘‘SPY’’) and the iShares Russell                  for an additional twelve months through                  Commission may designate, if
                                                    2000 Index Fund (‘‘IWM’’), is $0.01 for                 June 30, 2016 or the date of permanent                   consistent with the protection of
                                                    all quotations in options series that are               approval, if earlier, and changes the date               investors and the public interest, the
                                                    quoted at less than $3 per contract and                 for replacing Penny Pilot issues that                    proposed rule change has become
                                                    $0.05 for all quotations in options series              were delisted to the second trading day                  effective pursuant to section 19(b)(3)(A)
                                                    that are quoted at $3 per contract or                   following July 1, 2015 and January 1,
                                                    greater. QQQQ, SPY and IWM are                                                                                   of the Act and Rule 19b–4(f)(6)(iii)
                                                                                                            2016, will enable public customers and                   thereunder.
                                                    quoted in $0.01 increments for all                      other market participants to express
                                                    options series. The Penny Pilot is                      their true prices to buy and sell options                   A proposed rule change filed under
                                                    currently scheduled to expire on June                   for the benefit of all market participants.              Rule 19b–4(f)(6) 9 normally does not
                                                    30, 2015.                                               This is consistent with the Act.                         become operative prior to 30 days after
                                                       The Exchange proposes to extend the                                                                           the date of the filing.10 However,
                                                    time period of the Penny Pilot through                  B. Self-Regulatory Organization’s                        pursuant to Rule 19b–4(f)(6)(iii),11 the
                                                    June 30, 2016 or the date of permanent                  Statement on Burden on Competition                       Commission may designate a shorter
                                                    approval, if earlier, and to provide a                    The Exchange does not believe that                     time if such action is consistent with the
                                                    revised date for adding replacement                     the proposed rule change will impose                     protection of investors and the public
                                                    issues to the Penny Pilot. The Exchange                 any burden on competition not                            interest. The Exchange has asked the
                                                    proposes that any Penny Pilot Program                   necessary or appropriate in furtherance                  Commission to waive the 30-day
                                                    issues that have been delisted may be                   of the purposes of the Act. To the                       operative delay so that the proposal may
                                                    replaced on the second trading day                      contrary, this proposal is pro-                          become operative immediately upon
                                                    following July 1, 2015 and January 1,                   competitive because it allows Penny                      filing. The Commission believes that
                                                    2016. The replacement issues will be                    Pilot issues to continue trading on the                  waiving the 30-day operative delay is
                                                    selected based on trading activity in the               Exchange. Moreover, the Exchange                         consistent with the protection of
                                                    previous six months.4                                   believes that the proposed rule change                   investors and the public interest
                                                       This filing does not propose any                     will allow for further analysis of the                   because doing so will allow the Pilot
                                                    substantive changes to the Penny Pilot                  Pilot and a determination of how the                     Program to continue without
                                                    Program; all classes currently                          Pilot should be structured in the future;                interruption in a manner that is
                                                    participating in the Penny Pilot will                   and will serve to promote regulatory                     consistent with the Commission’s prior
                                                    remain the same and all minimum                         clarity and consistency, thereby                         approval of the extension and expansion
                                                    increments will remain unchanged. The                   reducing burdens on the marketplace                      of the Pilot Program and will allow the
                                                    Exchange believes the benefits to public                and facilitating investor protection. The                Exchange and the Commission
                                                    customers and other market participants                 Pilot is an industry-wide initiative                     additional time to analyze the impact of
                                                    who will be able to express their true                  supported by all other option                            the Pilot Program. Accordingly, the
                                                    prices to buy and sell options have been                exchanges. The Exchange believes that                    Commission designates the proposed
                                                       4 The replacement issues will be announced to
                                                                                                            extending the Pilot will allow for
                                                    the Exchange’s membership via an Options Trader
                                                                                                            continued competition between market                       7 15  U.S.C. 78s(b)(3)(A)(iii).
                                                    Alert (OTA) posted on the Exchange’s Web site. The      participants on the Exchange trading                       8 17  CFR 240.19b–4(f)(6).
                                                                                                                                                                       9 17 CFR 240.19b–4(f)(6).
                                                                                                            similar products as their counterparts
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                                                    Exchange proposes in its Penny Pilot rule that
                                                                                                                                                                       10 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                                    replacement issues will be selected based on            on other exchanges, while at the same
                                                    trading activity in the previous six months. The                                                                 4(f)(6)(iii) requires the Exchange to give the
                                                    replacement issues would be identified based on
                                                                                                            time allowing the Exchange to continue                   Commission written notice of the Exchange’s intent
                                                    The Options Clearing Corporation’s trading volume       to compete for order flow with other                     to file the proposed rule change along with a brief
                                                    data. For example, for the July replacement, trading    exchanges in option issues trading as                    description and the text of the proposed rule
                                                    volume from December 1, 2014 through May 30,            part of the Pilot.                                       change, at least five business days prior to the date
                                                    2015 would be analyzed. The month immediately                                                                    of filing of the proposed rule change, or such
                                                    preceding the replacement issues’ addition to the                                                                shorter time as designated by the Commission. The
                                                                                                              5 15   U.S.C. 78f(b).                                  Exchange has satisfied this pre-filing requirement.
                                                    Pilot Program (i.e., June) would not be used for
                                                    purposes of the six-month analysis.                       6 15   U.S.C. 78f(b)(5).                                 11 17 CFR 240.19b–4(f)(6)(iii).




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                                                                                   Federal Register / Vol. 80, No. 125 / Tuesday, June 30, 2015 / Notices                                                    37335

                                                    rule change as operative upon filing                    Reference Room, 100 F Street NE.,                      II. Self-Regulatory Organization’s
                                                    with the Commission.12                                  Washington, DC 20549–1090 on official                  Statement of the Purpose of, and
                                                       At any time within 60 days of the                    business days between the hours of                     Statutory Basis for, the Proposed Rule
                                                    filing of such proposed rule change, the                10:00 a.m. and 3:00 p.m. Copies of the                 Change
                                                    Commission summarily may                                filing will also be available for                        In its filing with the Commission, the
                                                    temporarily suspend such rule change if                 inspection and copying at the principal                Exchange included statements
                                                    it appears to the Commission that such                  office of the Exchange. All comments                   concerning the purpose of and basis for
                                                    action is necessary or appropriate in the               received will be posted without change;                the proposed rule change and discussed
                                                    public interest, for the protection of                  the Commission does not edit personal
                                                    investors, or otherwise in furtherance of                                                                      any comments it received on the
                                                                                                            identifying information from                           proposed rule change. The text of these
                                                    the purposes of the Act. If the                         submissions. You should submit only
                                                    Commission takes such action, the                                                                              statements may be examined at the
                                                                                                            information that you wish to make                      places specified in Item IV below. The
                                                    Commission shall institute proceedings                  available publicly. All submissions
                                                    under section 19(b)(2)(B) 13 of the Act to                                                                     Exchange has prepared summaries, set
                                                                                                            should refer to File Number SR–Phlx–                   forth in sections A, B, and C below, of
                                                    determine whether the proposed rule                     2015–54 and should be submitted on or
                                                    change should be approved or                                                                                   the most significant aspects of such
                                                                                                            before July 21, 2015.                                  statements.
                                                    disapproved.
                                                                                                              For the Commission, by the Division of
                                                    IV. Solicitation of Comments                            Trading and Markets, pursuant to delegated             A. Self-Regulatory Organization’s
                                                                                                            authority.14                                           Statement of the Purpose of, and the
                                                      Interested persons are invited to                                                                            Statutory Basis for, the Proposed Rule
                                                    submit written data, views, and                         Robert W. Errett,
                                                                                                            Deputy Secretary.
                                                                                                                                                                   Change
                                                    arguments concerning the foregoing,
                                                    including whether the proposed rule                     [FR Doc. 2015–15982 Filed 6–29–15; 8:45 am]            1. Purpose
                                                    change is consistent with the Act.                      BILLING CODE 8011–01–P                                   The Penny Pilot Program (the ‘‘Pilot
                                                    Comments may be submitted by any of                                                                            Program’’) is scheduled to expire on
                                                    the following methods:                                                                                         June 30, 2015. C2 proposes to extend the
                                                                                                            SECURITIES AND EXCHANGE
                                                    Electronic Comments                                                                                            Pilot Program until June 30, 2016. C2
                                                                                                            COMMISSION
                                                                                                                                                                   believes that extending the Pilot
                                                      • Use the Commission’s Internet
                                                                                                            [Release No. 34–75278; File No. SR–C2–                 Program will allow for further analysis
                                                    comment form (http://www.sec.gov/
                                                                                                            2015–015]                                              of the Pilot Program and a
                                                    rules/sro.shtml); or
                                                      • Send an email to rule-comments@                                                                            determination of how the Pilot Program
                                                                                                            Self-Regulatory Organizations; C2                      should be structured in the future.
                                                    sec.gov. Please include File Number SR–
                                                                                                            Options Exchange, Incorporated;                          During this extension of the Pilot
                                                    Phlx–2015–54 on the subject line.
                                                                                                            Notice of Filing and Immediate                         Program, C2 proposes that it may
                                                    Paper Comments                                          Effectiveness of a Proposed Rule                       replace any option class that is currently
                                                      • Send paper comments in triplicate                   Change Relating to Amending Rule 6.4                   included in the Pilot Program and that
                                                    to Secretary, Securities and Exchange                   To Extend the Penny Pilot through                      has been delisted with the next most
                                                    Commission, 100 F Street NE.,                           June 30, 2016                                          actively traded, multiply listed option
                                                    Washington, DC 20549–1090.                                                                                     class that is not yet participating in the
                                                                                                            June 24, 2015.
                                                    All submissions should refer to File                                                                           Pilot Program (‘‘replacement class’’).
                                                                                                               Pursuant to Section 19(b)(1) of the                 Any replacement class would be
                                                    Number SR-Phlx-2015–54. This file                       Securities Exchange Act of 1934 (the
                                                    number should be included on the                                                                               determined based on national average
                                                                                                            ‘‘Act’’) 1 and Rule 19b–4 thereunder,2                 daily volume in the preceding six
                                                    subject line if email is used. To help the              notice is hereby given that on June 17,
                                                    Commission process and review your                                                                             months,3 and would be added on the
                                                                                                            2015, C2 Options Exchange,                             second trading day following July 1,
                                                    comments more efficiently, please use                   Incorporated (the ‘‘Exchange’’ or ‘‘C2’’)
                                                    only one method. The Commission will                                                                           2015 and January 1, 2016. C2 will
                                                                                                            filed with the Securities and Exchange                 announce to its Trading Permit Holders
                                                    post all comments on the Commission’s                   Commission (the ‘‘Commission’’) the
                                                    Internet Web site (http://www.sec.gov/                                                                         by circular any replacement classes in
                                                                                                            proposed rule change as described in                   the Pilot Program. The Exchange notes
                                                    rules/sro.shtml). Copies of the                         Items I and II below, which Items have
                                                    submission, all subsequent                                                                                     that it intends to utilize the same
                                                                                                            been prepared by the Exchange. The                     parameters to prospective replacement
                                                    amendments, all written statements                      Commission is publishing this notice to
                                                    with respect to the proposed rule                                                                              classes as was originally approved.
                                                                                                            solicit comments on the proposed rule                    C2 is specifically authorized to act
                                                    change that are filed with the                          change from interested persons.
                                                    Commission, and all written                                                                                    jointly with the other options exchanges
                                                    communications relating to the                          I. Self-Regulatory Organization’s                      participating in the Pilot Program in
                                                    proposed rule change between the                        Statement of the Terms of Substance of                 identifying any replacement class.
                                                    Commission and any person, other than                   the Proposed Rule Change                               2. Statutory Basis
                                                    those that may be withheld from the                        The text of the proposed rule change
                                                    public in accordance with the                                                                                    The Exchange believes the proposed
                                                                                                            is available on the Exchange’s Web site                rule change is consistent with the
                                                    provisions of 5 U.S.C. 552, will be
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                                                                                                            (http://www.cboe.com/AboutCBOE/                        Securities Exchange Act of 1934 (the
                                                    available for Web site viewing and                      CBOELegalRegulatoryHome.aspx), at
                                                    printing in the Commission’s Public                     the Exchange’s Office of the Secretary,                   3 The month immediately preceding a
                                                                                                            and at the Commission’s Public                         replacement class’s addition to the Pilot Program
                                                       12 For purposes only of waiving the operative
                                                                                                            Reference Room.                                        (i.e., June) would not be used for purposes of the
                                                    delay for this proposal, the Commission has                                                                    six-month analysis. Thus, a replacement class to be
                                                    considered the proposed rule’s impact on                                                                       added on the second trading day following July 1,
                                                                                                              14 17 CFR 200.30–3(a)(12).
                                                    efficiency, competition, and capital formation. See                                                            2015 would be identified based on The Option
                                                    15 U.S.C. 78c(f).                                         1 15 U.S.C. 78s(b)(1).                               Clearing Corporation’s trading volume data from
                                                       13 15 U.S.C. 78s(b)(2)(B).                             2 17 CFR 240.19b–4.                                  December 1, 2014 through May 31, 2015.



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Document Created: 2018-02-22 11:17:29
Document Modified: 2018-02-22 11:17:29
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 37333 

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