80_FR_37472 80 FR 37347 - Self-Regulatory Organizations; The NASDAQ Stock Market 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 37347 - Self-Regulatory Organizations; The NASDAQ Stock Market 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 Range37347-37349
FR Document2015-15980

Federal Register, Volume 80 Issue 125 (Tuesday, June 30, 2015)
[Federal Register Volume 80, Number 125 (Tuesday, June 30, 2015)]
[Notices]
[Pages 37347-37349]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-15980]



[[Page 37347]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75283; File No. SR-NASDAQ-2015-063]


Self-Regulatory Organizations; The NASDAQ Stock Market 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, The NASDAQ Stock Market LLC (``NASDAQ'' or 
``Exchange'') filed with the Securities and Exchange Commission 
(``SEC'' or ``Commission'') the proposed rule change as described in 
Items I and II, which Items have been prepared by NASDAQ. 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

    NASDAQ is filing with the Commission a proposal to amend chapter 
VI, section 5 (Minimum Increments) of the rules of the NASDAQ Options 
Market (``NOM'') 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 March 2008 and was last 
extended in 2014. See Securities Exchange Act Release Nos. 57579 
(March 28, 2008), 73 FR 18587 (April 4, 2008) (SR-NASDAQ-2008-026) 
(notice of filing and immediate effectiveness establishing Penny 
Pilot); and 73686 (November 25, 2014), 79 FR 71477 (December 2, 
2014)(SR-NASDAQ-2014-115) (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 Stock Market Rules

Options Rules

* * * * *

Chapter VI Trading Systems

* * * * *

Sec. 5 Minimum Increments

    (a) The Board may establish minimum quoting increments for options 
contracts traded on NOM. Such minimum increments established by the 
Board will be designated as a stated policy, practice, or 
interpretation with respect to the administration of this Section 
within the meaning of Section 19 of the Exchange Act and will be filed 
with the SEC as a rule change for effectiveness upon filing. Until such 
time as the Board makes a change in the increments, the following 
principles shall apply:
    (1)--(2) No Change.
    (3) For a pilot period scheduled to expire on June 30, [2015]2016 
or the date of permanent approval, if earlier, if the options series is 
trading pursuant to the Penny Pilot program one (1) cent if the options 
series is trading at less than $3.00, five (5) cents if the options 
series is trading at $3.00 or higher, unless for QQQQs, SPY and IWM 
where the minimum quoting increment will be one cent for all series 
regardless of 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.
    (4) No Change.
    (b) No Change.
* * * * *
    The text of the proposed rule change is available from NASDAQ's Web 
site at http://nasdaq.cchwallstreet.com, at NASDAQ's principal office, 
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, NASDAQ 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. NASDAQ has prepared summaries, set forth in sections A, 
B, and C below, of the most significant aspects of such statements.

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

1. Purpose
    The purpose of this filing is to amend chapter VI, section 5 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

[[Page 37348]]

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.
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    \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

    Written comments were neither solicited nor 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).
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    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 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).
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    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-NASDAQ-2015-063 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-NASDAQ-2015-063. 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

[[Page 37349]]

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-NASDAQ-2015-063 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. 2015-15980 Filed 6-29-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                      Federal Register / Vol. 80, No. 125 / Tuesday, June 30, 2015 / Notices                                                   37347

                                                    SECURITIES AND EXCHANGE                                   Sec. 5    Minimum Increments                           A. Self-Regulatory Organization’s
                                                    COMMISSION                                                                                                       Statement of the Purpose of, and
                                                                                                                 (a) The Board may establish minimum                 Statutory Basis for, the Proposed Rule
                                                    [Release No. 34–75283; File No. SR–                       quoting increments for options contracts               Change
                                                    NASDAQ–2015–063]                                          traded on NOM. Such minimum
                                                                                                              increments established by the Board                    1. Purpose
                                                    Self-Regulatory Organizations; The                        will be designated as a stated policy,                    The purpose of this filing is to amend
                                                    NASDAQ Stock Market LLC; Notice of                        practice, or interpretation with respect               chapter VI, section 5 to extend the
                                                    Filing and Immediate Effectiveness of                     to the administration of this Section                  Penny Pilot through June 30, 2016 or the
                                                    a Proposed Rule Change Relating to                        within the meaning of Section 19 of the                date of permanent approval, if earlier,
                                                    Extension of the Exchange’s Penny                         Exchange Act and will be filed with the                and to change the date when delisted
                                                    Pilot Program and Replacement of                          SEC as a rule change for effectiveness                 classes may be replaced in the Penny
                                                    Penny Pilot Issues That Have Been                         upon filing. Until such time as the                    Pilot. The Exchange believes that
                                                    Delisted                                                  Board makes a change in the                            extending the Penny Pilot will allow for
                                                    June 24, 2015.                                            increments, the following principles                   further analysis of the Penny Pilot and
                                                                                                              shall apply:                                           a determination of how the program
                                                       Pursuant to section 19(b)(1) of the
                                                    Securities Exchange Act of 1934                              (1)—(2) No Change.                                  should be structured in the future.
                                                    (‘‘Act’’),1 and Rule 19b–4 2 thereunder,                     (3) For a pilot period scheduled to                    Under the Penny Pilot, the minimum
                                                    notice is hereby given that on June 18,                   expire on June 30, [2015]2016 or the                   price variation for all participating
                                                    2015, The NASDAQ Stock Market LLC                         date of permanent approval, if earlier, if             options classes, except for the Nasdaq-
                                                    (‘‘NASDAQ’’ or ‘‘Exchange’’) filed with                   the options series is trading pursuant to              100 Index Tracking Stock (‘‘QQQQ’’),
                                                    the Securities and Exchange                               the Penny Pilot program one (1) cent if                the SPDR S&P 500 Exchange Traded
                                                    Commission (‘‘SEC’’ or ‘‘Commission’’)                    the options series is trading at less than             Fund (‘‘SPY’’) and the iShares Russell
                                                    the proposed rule change as described                     $3.00, five (5) cents if the options series            2000 Index Fund (‘‘IWM’’), is $0.01 for
                                                    in Items I and II, which Items have been                  is trading at $3.00 or higher, unless for              all quotations in options series that are
                                                    prepared by NASDAQ. The Commission                        QQQQs, SPY and IWM where the                           quoted at less than $3 per contract and
                                                    is publishing this notice to solicit                      minimum quoting increment will be one                  $0.05 for all quotations in options series
                                                    comments on the proposed rule change                      cent for all series regardless of price. A             that are quoted at $3 per contract or
                                                    from interested persons.                                  list of such options shall be                          greater. QQQQ, SPY and IWM are
                                                                                                              communicated to membership via an                      quoted in $0.01 increments for all
                                                    I. Self-Regulatory Organization’s                         Options Trader Alert (‘‘OTA’’) posted on               options series. The Penny Pilot is
                                                    Statement of the Terms of Substance of                    the Exchange’s Web site.                               currently scheduled to expire on June
                                                    the Proposed Rule Change                                                                                         30, 2015.
                                                                                                                 The Exchange may replace any pilot
                                                       NASDAQ is filing with the                              issues that have been delisted with the                   The Exchange proposes to extend the
                                                    Commission a proposal to amend                            next most actively traded multiply                     time period of the Penny Pilot through
                                                    chapter VI, section 5 (Minimum                            listed options classes that are not yet                June 30, 2016 or the date of permanent
                                                    Increments) of the rules of the NASDAQ                    included in the pilot, based on trading                approval, if earlier, and to provide a
                                                    Options Market (‘‘NOM’’) to extend                        activity in the previous six months. The               revised date for adding replacement
                                                    through June 30, 2016 or the date of                      replacement issues may be added to the                 issues to the Penny Pilot. The Exchange
                                                    permanent approval, if earlier, the                       pilot on the second trading day                        proposes that any Penny Pilot Program
                                                    Penny Pilot Program in options classes                    following July 1, 2015 and January 1,                  issues that have been delisted may be
                                                    in certain issues (‘‘Penny Pilot’’ or                     [2015]2016.                                            replaced on the second trading day
                                                    ‘‘Pilot’’), and to change the date when                                                                          following July 1, 2015 and January 1,
                                                                                                                 (4) No Change.                                      2016. The replacement issues will be
                                                    delisted classes may be replaced in the
                                                    Penny Pilot.3                                                (b) No Change.                                      selected based on trading activity in the
                                                       The text of the amended Exchange                       *      *     *     *     *                             previous six months.4
                                                    rule is set forth immediately below.                         The text of the proposed rule change                  This filing does not propose any
                                                       Proposed new language is in italics                    is available from NASDAQ’s Web site at                 substantive changes to the Penny Pilot
                                                    and proposed deleted language is                          http://nasdaq.cchwallstreet.com, at                    Program; all classes currently
                                                    [bracketed].                                              NASDAQ’s principal office, and at the                  participating in the Penny Pilot will
                                                                                                              Commission’s Public Reference Room.                    remain the same and all minimum
                                                    NASDAQ Stock Market Rules                                                                                        increments will remain unchanged. The
                                                    Options Rules                                             II. Self-Regulatory Organization’s                     Exchange believes the benefits to public
                                                                                                              Statement of the Purpose of, and                       customers and other market participants
                                                    *          *   *       *      *                           Statutory Basis for, the Proposed Rule                 who will be able to express their true
                                                    Chapter VI Trading Systems                                Change                                                 prices to buy and sell options have been
                                                    *          *   *       *      *                             In its filing with the Commission,                      4 The replacement issues will be announced to
                                                                                                              NASDAQ included statements                             the Exchange’s membership via an Options Trader
                                                        1 15
                                                           U.S.C. 78s(b)(1).                                  concerning the purpose of and basis for                Alert (OTA) posted on the Exchange’s Web site. The
                                                        2 17
                                                           CFR 240.19b–4.                                     the proposed rule change and discussed
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                                                                                     Exchange proposes in its Penny Pilot rule that
                                                      3 The Penny Pilot was established in March 2008                                                                replacement issues will be selected based on
                                                                                                              any comments it received on the
                                                    and was last extended in 2014. See Securities                                                                    trading activity in the previous six months. The
                                                    Exchange Act Release Nos. 57579 (March 28, 2008),
                                                                                                              proposed rule change. The text of these                replacement issues would be identified based on
                                                    73 FR 18587 (April 4, 2008) (SR–NASDAQ–2008–              statements may be examined at the                      The Options Clearing Corporation’s trading volume
                                                    026) (notice of filing and immediate effectiveness        places specified in Item IV below.                     data. For example, for the July replacement, trading
                                                    establishing Penny Pilot); and 73686 (November 25,        NASDAQ has prepared summaries, set                     volume from December 1, 2014 through May 30,
                                                    2014), 79 FR 71477 (December 2, 2014)(SR–                                                                        2015 would be analyzed. The month immediately
                                                    NASDAQ–2014–115) (notice of filing and
                                                                                                              forth in sections A, B, and C below, of                preceding the replacement issues’ addition to the
                                                    immediate effectiveness extending the Penny Pilot         the most significant aspects of such                   Pilot Program (i.e., June) would not be used for
                                                    through June 30, 2015).                                   statements.                                            purposes of the six-month analysis.



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                                                    37348                             Federal Register / Vol. 80, No. 125 / Tuesday, June 30, 2015 / Notices

                                                    demonstrated to outweigh the potential                     C. Self-Regulatory Organization’s                       rule change as operative upon filing
                                                    increase in quote traffic.                                 Statement on Comments on the                            with the Commission.12
                                                                                                               Proposed Rule Change Received From                         At any time within 60 days of the
                                                    2. Statutory Basis                                                                                                 filing of such proposed rule change, the
                                                                                                               Members, Participants, or Others
                                                       The Exchange believes that its                                                                                  Commission summarily may
                                                    proposal is consistent with section 6(b)                     Written comments were neither                         temporarily suspend such rule change if
                                                    of the Act,5 in general, and furthers the                  solicited nor received.                                 it appears to the Commission that such
                                                    objectives of section 6(b)(5) of the Act,6                                                                         action is necessary or appropriate in the
                                                                                                               III. Date of Effectiveness of the
                                                    in particular, in that it is designed to                                                                           public interest, for the protection of
                                                                                                               Proposed Rule Change and Timing for                     investors, or otherwise in furtherance of
                                                    prevent fraudulent and manipulative                        Commission Action
                                                    acts and practices, to promote just and                                                                            the purposes of the Act. If the
                                                    equitable principles of trade, to foster                      The Exchange has filed the proposed                  Commission takes such action, the
                                                    cooperation and coordination with                          rule change pursuant to section                         Commission shall institute proceedings
                                                    persons engaged in facilitating                            19(b)(3)(A)(iii) of the Act 7 and Rule                  under section 19(b)(2)(B) 13 of the Act to
                                                    transactions in securities, and to remove                  19b–4(f)(6) thereunder.8 Because the                    determine whether the proposed rule
                                                    impediments to and perfect the                             proposed rule change does not: (i)                      change should be approved or
                                                    mechanism of a free and open market                                                                                disapproved.
                                                                                                               Significantly affect the protection of
                                                    and a national market system and, in                       investors or the public interest; (ii)                  IV. Solicitation of Comments
                                                    general, to protect investors and the                      impose any significant burden on                          Interested persons are invited to
                                                    public interest.                                           competition; and (iii) become operative                 submit written data, views, and
                                                       In particular, the proposed rule                        prior to 30 days from the date on which                 arguments concerning the foregoing,
                                                    change, which extends the Penny Pilot                      it was filed, or such shorter time as the               including whether the proposed rule
                                                    for an additional twelve months through                    Commission may designate, if                            change is consistent with the Act.
                                                    June 30, 2016 or the date of permanent                     consistent with the protection of                       Comments may be submitted by any of
                                                    approval, if earlier, and changes the date                 investors and the public interest, the                  the following methods:
                                                    for replacing Penny Pilot issues that                      proposed rule change has become
                                                    were delisted to the second trading day                    effective pursuant to section 19(b)(3)(A)               Electronic Comments
                                                    following July 1, 2015 and January 1,                      of the Act and Rule 19b–4(f)(6)(iii)                      • Use the Commission’s Internet
                                                    2016, will enable public customers and                     thereunder.                                             comment form (http://www.sec.gov/
                                                    other market participants to express                                                                               rules/sro.shtml); or
                                                    their true prices to buy and sell options                     A proposed rule change filed under                     • Send an email to rule-
                                                    for the benefit of all market participants.                Rule 19b–4(f)(6) 9 normally does not                    comments@sec.gov. Please include File
                                                    This is consistent with the Act.                           become operative prior to 30 days after                 Number SR–NASDAQ–2015–063 on the
                                                                                                               the date of the filing.10 However,                      subject line.
                                                    B. Self-Regulatory Organization’s                          pursuant to Rule 19b–4(f)(6)(iii),11 the
                                                    Statement on Burden on Competition                         Commission may designate a shorter                      Paper Comments
                                                      The Exchange does not believe that                       time if such action is consistent with the                 • Send paper comments in triplicate
                                                    the proposed rule change will impose                       protection of investors and the public                  to Secretary, Securities and Exchange
                                                    any burden on competition not                              interest. The Exchange has asked the                    Commission, 100 F Street NE.,
                                                    necessary or appropriate in furtherance                    Commission to waive the 30-day                          Washington, DC 20549–1090.
                                                    of the purposes of the Act. To the                         operative delay so that the proposal may                All submissions should refer to File
                                                    contrary, this proposal is pro-                            become operative immediately upon                       Number SR–NASDAQ–2015–063. This
                                                    competitive because it allows Penny                        filing. The Commission believes that                    file number should be included on the
                                                    Pilot issues to continue trading on the                    waiving the 30-day operative delay is                   subject line if email is used. To help the
                                                    Exchange. Moreover, the Exchange                           consistent with the protection of                       Commission process and review your
                                                    believes that the proposed rule change                     investors and the public interest                       comments more efficiently, please use
                                                    will allow for further analysis of the                     because doing so will allow the Pilot                   only one method. The Commission will
                                                    Pilot and a determination of how the                       Program to continue without                             post all comments on the Commission’s
                                                    Pilot should be structured in the future;                  interruption in a manner that is                        Internet Web site (http://www.sec.gov/
                                                    and will serve to promote regulatory                       consistent with the Commission’s prior                  rules/sro.shtml). Copies of the
                                                    clarity and consistency, thereby                           approval of the extension and expansion                 submission, all subsequent
                                                    reducing burdens on the marketplace                        of the Pilot Program and will allow the                 amendments, all written statements
                                                    and facilitating investor protection. The                  Exchange and the Commission                             with respect to the proposed rule
                                                    Pilot is an industry-wide initiative                       additional time to analyze the impact of                change that are filed with the
                                                    supported by all other option                              the Pilot Program. Accordingly, the                     Commission, and all written
                                                    exchanges. The Exchange believes that                      Commission designates the proposed                      communications relating to the
                                                    extending the Pilot will allow for                                                                                 proposed rule change between the
                                                    continued competition between market                         7 15  U.S.C. 78s(b)(3)(A)(iii).                       Commission and any person, other than
                                                    participants on the Exchange trading                         8 17  CFR 240.19b–4(f)(6).                            those that may be withheld from the
                                                                                                                 9 17 CFR 240.19b–4(f)(6).
                                                    similar products as their counterparts                                                                             public in accordance with the
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                                 10 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                                    on other exchanges, while at the same                                                                              provisions of 5 U.S.C. 552, will be
                                                                                                               4(f)(6)(iii) requires the Exchange to give the
                                                    time allowing the Exchange to continue                     Commission written notice of the Exchange’s intent      available for Web site viewing and
                                                    to compete for order flow with other                       to file the proposed rule change along with a brief
                                                    exchanges in option issues trading as                      description and the text of the proposed rule              12 For purposes only of waiving the operative

                                                    part of the Pilot.                                         change, at least five business days prior to the date   delay for this proposal, the Commission has
                                                                                                               of filing of the proposed rule change, or such          considered the proposed rule’s impact on
                                                                                                               shorter time as designated by the Commission. The       efficiency, competition, and capital formation. See
                                                      5 15   U.S.C. 78f(b).                                    Exchange has satisfied this pre-filing requirement.     15 U.S.C. 78c(f).
                                                      6 15   U.S.C. 78f(b)(5).                                   11 17 CFR 240.19b–4(f)(6)(iii).                          13 15 U.S.C. 78s(b)(2)(B).




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                                                                                     Federal Register / Vol. 80, No. 125 / Tuesday, June 30, 2015 / Notices                                               37349

                                                    printing in the Commission’s Public                         date, VNTI has failed to cure its                       II. Self-Regulatory Organization’s
                                                    Reference Room, 100 F Street NE.,                           delinquencies.                                          Statement of the Purpose of, and
                                                    Washington, DC 20549–1090 on official                          The Commission is of the opinion that                Statutory Basis for, the Proposed Rule
                                                    business days between the hours of                          the public interest and the protection of               Change
                                                    10:00 a.m. and 3:00 p.m. Copies of the                      investors require a suspension of trading                  In its filing with the Commission, the
                                                    filing will also be available for                           in the securities of the above-listed                   Exchange included statements
                                                    inspection and copying at the principal                     company. Therefore, it is ordered,                      concerning the purpose of and basis for
                                                    office of the Exchange. All comments                        pursuant to Section 12(k) of the                        the proposed rule change and discussed
                                                    received will be posted without change;                     Securities Exchange Act of 1934, that                   any comments it received on the
                                                    the Commission does not edit personal                       trading in the securities of the above-                 proposed rule change. The text of these
                                                    identifying information from                                listed company is suspended for the                     statements may be examined at the
                                                    submissions. You should submit only                         period from 9:30 a.m. EDT on June 26,                   places specified in Item IV below. The
                                                    information that you wish to make                           2015, through 11:59 p.m. EDT on July                    Exchange has prepared summaries, set
                                                    available publicly. All submissions                         10, 2015.                                               forth in sections A, B, and C below, of
                                                    should refer to File Number SR–                                By the Commission.                                   the most significant aspects of such
                                                    NASDAQ–2015–063 and should be                                                                                       statements.
                                                                                                                Jill M. Peterson,
                                                    submitted on or before July 21, 2015.
                                                                                                                Assistant Secretary.                                    A. Self-Regulatory Organization’s
                                                      For the Commission, by the Division of
                                                    Trading and Markets, pursuant to delegated
                                                                                                                [FR Doc. 2015–16146 Filed 6–26–15; 4:15 pm]             Statement of the Purpose of, and
                                                    authority.14                                                BILLING CODE 8011–01–P                                  Statutory Basis for, the Proposed Rule
                                                    Robert W. Errett,                                                                                                   Change
                                                    Deputy Secretary.
                                                                                                                SECURITIES AND EXCHANGE                                 1. Purpose
                                                    [FR Doc. 2015–15980 Filed 6–29–15; 8:45 am]                                                                            The Exchange is a participant in an
                                                                                                                COMMISSION
                                                    BILLING CODE 8011–01–P                                                                                              industry-wide pilot program that
                                                                                                                [Release No. 34–75284; File No. SR–MIAX–                provides for the quoting and trading of
                                                                                                                2015–40]
                                                                                                                                                                        certain option classes in penny
                                                    SECURITIES AND EXCHANGE                                                                                             increments (the ‘‘Penny Pilot Program’’
                                                    COMMISSION                                                  Self-Regulatory Organizations; Miami
                                                                                                                International Securities Exchange LLC;                  or ‘‘Program’’). Specifically, the Penny
                                                    [ File No. 500–1]                                           Notice of Filing and Immediate                          Pilot Program allows the quoting and
                                                                                                                Effectiveness of a Proposed Rule                        trading of certain option classes in
                                                    In the Matter of Vantone International                                                                              minimum increments of $0.01 for all
                                                                                                                Change To Amend Exchange Rule 510
                                                    Group, Inc.; Order of Suspension of                                                                                 series in such option classes with a
                                                                                                                To Extend the Penny Pilot Program
                                                    Trading                                                                                                             price of less than $3.00; and in
                                                                                                                June 24, 2015.                                          minimum increments of $0.05 for all
                                                    June 26, 2015.
                                                                                                                   Pursuant to the provisions of Section                series in such option classes with a
                                                       It appears to the Securities and
                                                                                                                19(b)(1) of the Securities Exchange Act                 price of $3.00 or higher. Options
                                                    Exchange Commission (‘‘Commission’’)
                                                                                                                of 1934 (‘‘Act’’) 1 and Rule 19b–4                      overlying the PowerShares QQQ Trust
                                                    that there is a lack of current and
                                                                                                                thereunder,2 notice is hereby given that,               (‘‘QQQQ’’)®, SPDR S&P 500 Exchange
                                                    accurate information concerning the
                                                                                                                on June 18, 2015, Miami International                   Traded Funds (‘‘SPY’’), and iShares
                                                    securities of Vantone International
                                                                                                                Securities Exchange LLC (‘‘MIAX’’ or                    Russell 2000 Index Funds (‘‘IWM’’),
                                                    Group, Inc. (‘‘VNTI 1’’) (CIK No.
                                                                                                                ‘‘Exchange’’) filed with the Securities                 however, are quoted and traded in
                                                    1101423), a revoked Nevada corporation
                                                                                                                and Exchange Commission                                 minimum increments of $0.01 for all
                                                    whose principal place of business is
                                                                                                                (‘‘Commission’’) a proposed rule change                 series regardless of the price. The Penny
                                                    listed as Shenyang, Liaoning Province,
                                                                                                                as described in Items I and II below,                   Pilot Program was initiated at the then
                                                    China because it is delinquent in its
                                                    periodic filings with the Commission,                       which Items have been prepared by the                   existing option exchanges in January
                                                    having not filed any periodic reports                       Exchange. The Commission is                             2007 and currently includes more than
                                                    since it filed a Form 10–Q for the period                   publishing this notice to solicit                       300 of the most active option classes.
                                                    ended December 31, 2011. As of June                         comments on the proposed rule change                    The Penny Pilot Program is currently
                                                    18, 2015, VNTI’s common stock was                           from interested persons.                                scheduled to expire on June 30, 2015.
                                                    quoted on OTC Link (previously ‘‘Pink                                                                               The purpose of the proposed rule
                                                                                                                I. Self-Regulatory Organization’s                       change is to extend the Penny Pilot
                                                    Sheets’’) operated by OTC Markets                           Statement of the Terms of Substance of
                                                    Group Inc. On May 7, 2015, the                                                                                      Program in its current format through
                                                                                                                the Proposed Rule Change                                June 30, 2016.
                                                    Commission’s Division of Corporation
                                                    Finance sent a delinquency letter to                           The Exchange is filing a proposal to                    In addition to the extension of the
                                                    VNTI at the address shown in its then-                      amend Rule 510, Interpretations and                     Penny Pilot Program through June 30,
                                                    most recent filing in the Commission’s                      Policies .01 to extend the pilot program                2016, the Exchange will replace any
                                                    EDGAR system requesting compliance                          for the quoting and trading of certain                  Penny Pilot issues that have been
                                                    with its periodic filing requirements,                      options in pennies (the ‘‘Penny Pilot                   delisted with the next most actively
                                                    which VNTI failed to receive because .                      Program’’).                                             traded multiply listed option classes
                                                                                                                                                                        that are not yet included in the Penny
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                                                    VNTI thus failed to maintain a valid                           The text of the proposed rule change
                                                    address on file with the Commission as                      is available on the Exchange’s Web site                 Pilot Program. The replacement issues
                                                    required by Commission rules (Rule 301                      at http://www.miaxoptions.com/filter/                   will be selected based on trading
                                                    of Regulation S–T, 17 CFR 232.301 and                       wotitle/rule_filing, at MIAX’s principal                activity in the previous six months and
                                                    Section 5.4 of EDGAR Filer Manual). To                      office, and at the Commission’s Public                  will be added to the Penny Pilot
                                                                                                                Reference Room.                                         Program on the second trading day
                                                      14 17 CFR 200.30–3(a)(12).                                                                                        following July 1, 2015 and January 1,
                                                      1 The  short form of the issuer’s name is also its          1 15   U.S.C. 78s(b)(1).                              2016. Please note, the month
                                                    ticker symbol.                                                2 17   CFR 240.19b–4.                                 immediately preceding a replacement


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Document Created: 2018-02-22 11:17:22
Document Modified: 2018-02-22 11:17:22
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 37347 

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