80 FR 37338 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending Commentary .02 to NYSE Amex Options Rule 960NY in Order To Extend the Penny Pilot in Options Classes in Certain Issues Through June 30, 2016
SECURITIES AND EXCHANGE COMMISSION Federal Register Volume 80, Issue 125 (June 30, 2015)
Federal Register Volume 80, Issue 125 (June 30, 2015)
| Page Range | 37338-37340 | |
| FR Document | 2015-15978 |
[Federal Register Volume 80, Number 125 (Tuesday, June 30, 2015)] [Notices] [Pages 37338-37340] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-15978] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-75281; File No. SR-NYSEMKT-2015-43] Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending Commentary .02 to NYSE Amex Options Rule 960NY in Order To Extend the Penny Pilot in Options Classes in Certain Issues Through June 30, 2016 June 24, 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 15, 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. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78s(b)(1). \2\ 15 U.S.C. 78a. \3\ 17 CFR 240.19b-4. --------------------------------------------------------------------------- I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to amend Commentary .02 to NYSE Amex Options Rule 960NY in order to extend the Penny Pilot in options classes in certain issues (``Pilot Program'') previously [[Page 37339]] approved by the Securities and Exchange Commission (``Commission'') through June 30, 2016. The Pilot Program is currently scheduled to expire on June 30, 2015. 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. A. Self-Regulatory Organization's Statement of the Purpose of, and the Statutory Basis for, the Proposed Rule Change 1. Purpose The Exchange hereby proposes to amend Commentary .02 to Exchange Rule 960NY to extend the time period of the Pilot Program,\4\ which is currently scheduled to expire on June 30, 2015, through June 30, 2016. The Exchange also proposes that the dates to replace issues in the Pilot Program that have been delisted be revised to the second trading day following July 1, 2015 and January 1, 2016.\5\ --------------------------------------------------------------------------- \4\ See Securities Exchange Act Release No. 73778 (December 8, 2014), 79 FR 73922 (December 12, 2014) (SR-NYSEMKT-2014-99). \5\ The month immediately preceding a replacement class's addition to the Pilot Program (i.e., June) would not be used for purposes of the analysis for determining the replacement class. Thus, a replacement class to be added on the second trading day following July 1, 2015 would be identified based on The Option Clearing Corporation's trading volume data from December 1, 2014 through May 31, 2015. The Exchange will announce the replacement issues to the Exchange's membership through a Trader Update. --------------------------------------------------------------------------- This filing does not propose any substantive changes to the Pilot Program: all classes currently participating 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 increase in quote traffic. 2. Statutory Basis The proposed rule change is consistent with section 6(b) \6\ of the Securities Exchange Act of 1934 (the ``Act''), in general, and furthers the objectives of section 6(b)(5),\7\ in particular, in that it is designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in facilitating transactions in securities, and to remove impediments to and perfect the mechanisms of a free and open market and a national market system. --------------------------------------------------------------------------- \6\ 15 U.S.C. 78f(b). \7\ 15 U.S.C. 78f(b)(5). --------------------------------------------------------------------------- In particular, the proposed rule change, which extends the Penny Pilot Program for one year, allows the Exchange to continue to participate in a program that has been viewed as beneficial to traders, investors and public customers and viewed as successful by the other options exchanges participating in it. Accordingly, the Exchange believes that the proposal is consistent with the Act because it will allow the Exchange to extend the Pilot Program prior to its expiration on June 30, 2015. The Exchange notes that this proposal does not propose any new policies or provisions that are unique or unproven, but instead relates to the continuation of an existing program that operates on a pilot basis. The Exchange believes that the Pilot Program promotes just and equitable principles of trade by enabling public customers and other market participants to express their true prices to buy and sell options to the benefit of all market participants. The proposal to extend the Pilot Program is designed to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in facilitating transactions in securities, and to remove impediments to and perfect the mechanisms of a free and open market and a national market system, by allowing the Exchange and the Commission additional time to analyze the impact of the Pilot Program while also allowing the Exchange to continue to compete for order flow with other exchanges in option issues trading as part of the Pilot Program. 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. Specifically, the Exchange believes that, by extending the expiration of the Pilot Program, the proposed rule change will allow for further analysis of the Pilot Program and a determination of how the Program should be structured in the future. In doing so, the proposed rule change will also serve to promote regulatory clarity and consistency, thereby reducing burdens on the marketplace and facilitating investor protection. The Pilot Program is an industry-wide initiative supported by all other option exchanges. The Exchange believes that extending the Pilot Program will allow for continued competition between NYSE Amex Options market participants 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 Program. 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 The Exchange has filed the proposed rule change pursuant to section 19(b)(3)(A)(iii) of the Act \8\ and Rule 19b-4(f)(6) thereunder.\9\ 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. --------------------------------------------------------------------------- \8\ 15 U.S.C. 78s(b)(3)(A)(iii). \9\ 17 CFR 240.19b-4(f)(6). --------------------------------------------------------------------------- A proposed rule change filed under Rule 19b-4(f)(6) \10\ normally does not become operative prior to 30 days after the date of the filing.\11\ However, [[Page 37340]] pursuant to Rule 19b-4(f)(6)(iii),\12\ 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.\13\ Accordingly, the Commission designates the proposed rule change as operative upon filing with the Commission.\14\ --------------------------------------------------------------------------- \10\ 17 CFR 240.19b-4(f)(6). \11\ 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. \12\ 17 CFR 240.19b-4(f)(6)(iii). \13\ See Securities Exchange Act Release No. 61061 (November 24, 2009), 74 FR 62857 (December 1, 2009) (SR-NYSEArca-2009-44). See also supra note 4. \14\ 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) \15\ of the Act to determine whether the proposed rule change should be approved or disapproved. --------------------------------------------------------------------------- \15\ 15 U.S.C. 78s(b)(2)(B). --------------------------------------------------------------------------- IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic CommentsUse the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or Send an email to [email protected]. Please include File Number SR-NYSEMKT-2015-43 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-2015-43. 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 Section, 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 NYSE's principal office and on its Internet Web site at www.nyse.com. 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-2015-43 and should be submitted on or before July 21, 2015. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\16\ --------------------------------------------------------------------------- \16\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Robert W. Errett, Deputy Secretary. [FR Doc. 2015-15978 Filed 6-29-15; 8:45 am] BILLING CODE 8011-01-P
![37338 Federal Register / Vol. 80, No. 125 / Tuesday, June 30, 2015 / Notices
C. Self-Regulatory Organization’s Commission designates the proposed printing in the Commission’s Public
Statement on Comments on the rule change as operative upon filing Reference Room, 100 F Street, NE.,
Proposed Rule Change Received From with the Commission.16 Washington, DC 20549–1090 on official
Members, Participants, or Others At any time within 60 days of the business days between the hours of
The Exchange neither solicited nor filing of such proposed rule change, the 10:00 a.m. and 3:00 p.m. Copies of the
received comments on the proposed Commission summarily may filing also will be available for
rule change. temporarily suspend such rule change if inspection and copying at the principal
it appears to the Commission that such office of the Exchange. All comments
III. Date of Effectiveness of the action is necessary or appropriate in the received will be posted without change;
Proposed Rule Change and Timing for public interest, for the protection of the Commission does not edit personal
Commission Action investors, or otherwise in furtherance of identifying information from
The Exchange has filed the proposed the purposes of the Act. If the submissions. You should submit only
rule change pursuant to Section Commission takes such action, the information that you wish to make
19(b)(3)(A)(iii) of the Act 10 and Rule Commission shall institute proceedings available publicly. All submissions
19b–4(f)(6) thereunder.11 Because the under Section 19(b)(2)(B) 17 of the Act to should refer to File Number SR–CBOE–
proposed rule change does not: (i) determine whether the proposed rule 2015–060 and should be submitted on
Significantly affect the protection of change should be approved or or before July 21, 2015.
investors or the public interest; (ii) disapproved. For the Commission, by the Division of
impose any significant burden on IV. Solicitation of Comments Trading and Markets, pursuant to delegated
competition; and (iii) become operative authority.18
prior to 30 days from the date on which Interested persons are invited to Robert W. Errett,
it was filed, or such shorter time as the submit written data, views, and
Deputy Secretary.
Commission may designate, if arguments concerning the foregoing,
[FR Doc. 2015–15983 Filed 6–29–15; 8:45 am]
consistent with the protection of including whether the proposed rule
change is consistent with the Act. BILLING CODE 8011–01–P
investors and the public interest, the
proposed rule change has become Comments may be submitted by any of
effective pursuant to Section 19(b)(3)(A) the following methods:
SECURITIES AND EXCHANGE
of the Act and Rule 19b–4(f)(6)(iii) Electronic Comments COMMISSION
thereunder. • Use the Commission’s Internet
A proposed rule change filed under [Release No. 34–75281; File No. SR–
comment form (http://www.sec.gov/ NYSEMKT–2015–43]
Rule 19b–4(f)(6) 12 normally does not
rules/sro.shtml); or
become operative prior to 30 days after • Send an email to rule-comments@ Self-Regulatory Organizations; NYSE
the date of the filing.13 However, MKT LLC; Notice of Filing and
sec.gov. Please include File Number SR–
pursuant to Rule 19b–4(f)(6)(iii),14 the Immediate Effectiveness of Proposed
CBOE–2015–060 on the subject line.
Commission may designate a shorter Rule Change Amending Commentary
time if such action is consistent with the Paper Comments .02 to NYSE Amex Options Rule 960NY
protection of investors and the public • Send paper comments in triplicate in Order To Extend the Penny Pilot in
interest. The Exchange has asked the to Secretary, Securities and Exchange Options Classes in Certain Issues
Commission to waive the 30-day Commission, 100 F Street, NE., Through June 30, 2016
operative delay so that the proposal may Washington, DC 20549–1090.
become operative immediately upon All submissions should refer to File June 24, 2015.
filing. The Commission believes that Number SR–CBOE–2015–060. This file Pursuant to section 19(b)(1) 1 of the
waiving the 30-day operative delay is number should be included on the Securities Exchange Act of 1934 (the
consistent with the protection of subject line if email is used. To help the ‘‘Act’’) 2 and Rule 19b–4 thereunder,3
investors and the public interest Commission process and review your notice is hereby given that on June 15,
because doing so will allow the Pilot comments more efficiently, please use 2015, NYSE MKT LLC (the ‘‘Exchange’’
Program to continue without only one method. The Commission will or ‘‘NYSE MKT’’) filed with the
interruption in a manner that is post all comments on the Commission’s Securities and Exchange Commission
consistent with the Commission’s prior Internet Web site (http://www.sec.gov/ (the ‘‘Commission’’) the proposed rule
approval of the extension and expansion rules/sro.shtml). Copies of the change as described in Items I and II
of the Pilot Program and will allow the submission, all subsequent below, which Items have been prepared
Exchange and the Commission amendments, all written statements by the self-regulatory organization. The
additional time to analyze the impact of with respect to the proposed rule Commission is publishing this notice to
the Pilot Program.15 Accordingly, the change that are filed with the solicit comments on the proposed rule
Commission, and all written change from interested persons.
10 15 U.S.C. 78s(b)(3)(A)(iii).
11 17 CFR 240.19b–4(f)(6).
communications relating to the I. Self-Regulatory Organization’s
12 17 CFR 240.19b–4(f)(6). proposed rule change between the Statement of the Terms of Substance of
13 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– Commission and any person, other than the Proposed Rule Change
4(f)(6)(iii) requires the Exchange to give the those that may be withheld from the The Exchange proposes to amend
Commission written notice of the Exchange’s intent public in accordance with the
asabaliauskas on DSK5VPTVN1PROD with NOTICES
to file the proposed rule change along with a brief Commentary .02 to NYSE Amex Options
description and the text of the proposed rule
provisions of 5 U.S.C. 552, will be Rule 960NY in order to extend the
change, at least five business days prior to the date available for Web site viewing and Penny Pilot in options classes in certain
of filing of the proposed rule change, or such
shorter time as designated by the Commission. The 16 For purposes only of waiving the operative
issues (‘‘Pilot Program’’) previously
Exchange has satisfied this pre-filing requirement. delay for this proposal, the Commission has
14 17 CFR 240.19b–4(f)(6)(iii). 18 17 CFR 200.30–3(a)(12).
considered the proposed rule’s impact on
1 15 U.S.C. 78s(b)(1).
15 See Securities Exchange Act Release No. 61061 efficiency, competition, and capital formation. See
(November 24, 2009), 74 FR 62857 (December 1, 15 U.S.C. 78c(f). 2 15 U.S.C. 78a.
2009) (SR–NYSEArca–2009–44). 17 15 U.S.C. 78s(b)(2)(B). 3 17 CFR 240.19b–4.
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![37340 Federal Register / Vol. 80, No. 125 / Tuesday, June 30, 2015 / Notices
pursuant to Rule 19b–4(f)(6)(iii),12 the Paper Comments SECURITIES AND EXCHANGE
Commission may designate a shorter COMMISSION
time if such action is consistent with the • Send paper comments in triplicate
protection of investors and the public to Secretary, Securities and Exchange
[Release No. 34–75282; File No. SR–
interest. The Exchange has asked the Commission, 100 F Street NE.,
NYSEArca–2015–52]
Commission to waive the 30-day Washington, DC 20549–1090.
operative delay so that the proposal may All submissions should refer to File Self-Regulatory Organizations; NYSE
become operative immediately upon Number SR–NYSEMKT–2015–43. This Arca, Inc.; Notice of Filing and
filing. The Commission believes that file number should be included on the Immediate Effectiveness of Proposed
waiving the 30-day operative delay is Rule Change Amending NYSE Arca
subject line if email is used. To help the
consistent with the protection of Equities Rules 7.25 and 8.800 in Order
Commission process and review your
investors and the public interest To Allow An Issuer to Elect for its
because doing so will allow the Pilot comments more efficiently, please use
only one method. The Commission will Exchange Traded Product to
Program to continue without
post all comments on the Commission’s Participate in the Crowd Participant
interruption in a manner that is
consistent with the Commission’s prior Internet Web site (http://www.sec.gov/ Program or the ETP Incentive Program
approval of the extension and expansion rules/sro.shtml). Copies of the Monthly Rather than Quarterly and To
of the Pilot Program and will allow the submission, all subsequent Extend the Effectiveness of the Crowd
Exchange and the Commission amendments, all written statements Participant Program until June 23,
additional time to analyze the impact of with respect to the proposed rule 2016
the Pilot Program.13 Accordingly, the change that are filed with the
June 24, 2015.
Commission designates the proposed Commission, and all written
rule change as operative upon filing communications relating to the Pursuant to Section 19(b)(1) 1 of the
with the Commission.14 proposed rule change between the Securities Exchange Act of 1934 (the
At any time within 60 days of the Commission and any person, other than ‘‘Act’’) 2 and Rule 19b–4 thereunder,3
filing of such proposed rule change, the those that may be withheld from the notice is hereby given that, on June 18,
Commission summarily may public in accordance with the 2015, NYSE Arca, Inc. (the ‘‘Exchange’’
temporarily suspend such rule change if provisions of 5 U.S.C. 552, will be or ‘‘NYSE Arca’’) filed with the
it appears to the Commission that such available for Web site viewing and Securities and Exchange Commission
action is necessary or appropriate in the printing in the Commission’s Public (the ‘‘Commission’’) the proposed rule
public interest, for the protection of Reference Section, 100 F Street NE., change as described in Items I and II
investors, or otherwise in furtherance of Washington, DC 20549–1090 on official below, which Items have been prepared
the purposes of the Act. If the business days between the hours of by the self-regulatory organization. The
Commission takes such action, the 10:00 a.m. and 3:00 p.m. Copies of the Commission is publishing this notice to
Commission shall institute proceedings filing will also be available for solicit comments on the proposed rule
under section 19(b)(2)(B) 15 of the Act to inspection and copying at the NYSE’s change from interested persons.
determine whether the proposed rule
principal office and on its Internet Web I. Self-Regulatory Organization’s
change should be approved or
site at www.nyse.com. All comments Statement of the Terms of the Substance
disapproved.
received will be posted without change; of the Proposed Rule Change
IV. Solicitation of Comments the Commission does not edit personal
Interested persons are invited to identifying information from The Exchange proposes to amend
submit written data, views, and submissions. You should submit only NYSE Arca Equities Rule 7.25 (‘‘Rule
arguments concerning the foregoing, information that you wish to make 7.25’’) and NYSE Arca Equities Rule
including whether the proposed rule available publicly. All submissions 8.800 (‘‘Rule 8.800) in order to (1) allow
change is consistent with the Act. should refer to File Number SR– an issuer to elect for its Exchange
Comments may be submitted by any of NYSEMKT–2015–43 and should be Traded Product (‘‘ETP’’) listed on the
the following methods: submitted on or before July 21, 2015. Exchange to participate in the Crowd
For the Commission, by the Division of Participant (‘‘CP’’) program (the ‘‘CP
Electronic Comments
Trading and Markets, pursuant to delegated Program’’) or the ETP Incentive Program
• Use the Commission’s Internet authority.16 (the ‘‘ETP Incentive Program’’),
comment form (http://www.sec.gov/ Robert W. Errett, respectively, at the time of listing or
rules/sro.shtml); or thereafter at the beginning of each
Deputy Secretary.
• Send an email to rule-comments@ month, rather than just at the beginning
[FR Doc. 2015–15978 Filed 6–29–15; 8:45 am]
sec.gov. Please include File Number SR– of each quarter; and (2) extend the
NYSEMKT–2015–43 on the subject line. BILLING CODE 8011–01–P
effectiveness of the CP Program for an
additional one-year pilot period, ending
shorter time as designated by the Commission. The June 23, 2016. The text of the proposed
Exchange has satisfied this pre-filing requirement.
12 17 CFR 240.19b–4(f)(6)(iii).
rule change is available on the
asabaliauskas on DSK5VPTVN1PROD with NOTICES
13 See Securities Exchange Act Release No. 61061 Exchange’s Web site at www.nyse.com,
(November 24, 2009), 74 FR 62857 (December 1, at the principal office of the Exchange,
2009) (SR–NYSEArca–2009–44). See also supra and at the Commission’s Public
note 4.
14 For purposes only of waiving the operative
Reference Room.
delay for this proposal, the Commission has
considered the proposed rule’s impact on
1 15 U.S.C.78s(b)(1).
efficiency, competition, and capital formation. See
2 15 U.S. C. 78a.
15 U.S.C. 78c(f).
15 15 U.S.C. 78s(b)(2)(B). 16 17 CFR 200.30–3(a)(12). 3 17 CFR 240.19b–4.
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Document Created: 2018-02-22 11:17:00
Document Modified: 2018-02-22 11:17:00
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 80 FR 37338 |
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