80_FR_38609 80 FR 38481 - Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; 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 38481 - Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; 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 128 (July 6, 2015)

Page Range38481-38483
FR Document2015-16416

Federal Register, Volume 80 Issue 128 (Monday, July 6, 2015)
[Federal Register Volume 80, Number 128 (Monday, July 6, 2015)]
[Notices]
[Pages 38481-38483]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-16416]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75326; File No. SR-BX-2015-037]


Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; 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 29, 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 19, 2015, NASDAQ OMX BX, Inc. (``Exchange'' or ``BX'') 
filed with the Securities and Exchange Commission (``SEC'' or 
``Commission'') the proposed rule change as described in Items I and 
II, below, which Items have been prepared by the Exchange. The 
Commission is publishing this notice to solicit comments on the 
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    BX is filing with the Commission a proposal to amend Chapter VI, 
Section 5 (Minimum Increments) to extend through June 30, 2016 or the 
date of permanent approval, if earlier, the Penny Pilot Program in 
options classes in certain issues (``Penny Pilot'' or ``Pilot''), and 
to change the date when delisted classes may be replaced in the Penny 
Pilot.\3\
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    \3\ The Penny Pilot was established in June 2012 and extended in 
2014. See Securities Exchange Act Release Nos. 67256 (June 26, 
2012), 77 FR 39277 (July 2, 2012) (SR-BX-2012-030) (order approving 
BX option rules and establishing Penny Pilot); and 73689 (November 
25, 2014), 79 FR 71488 (December 2, 2014) (SR-BX-2014-057) (notice 
of filing and immediate effectiveness extending the Penny Pilot 
through June 30, 2015).
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    The text of the amended Exchange rule is set forth immediately 
below.
    Proposed new language is in italics and proposed deleted language 
is [bracketed].

NASDAQ OMX BX Rules

Options Rules

* * * * *

Chapter VI Trading Systems

* * * * *

Sec. 5 Minimum Increments

    (a) The Board may establish minimum quoting increments for options 
contracts traded on BX Options. 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 also available on the 
Exchange's Web site at http://nasdaqomxbx.cchwallstreet.com, at the 
principal office of the Exchange, and at the Commission's Public 
Reference Room.

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

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

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.

[[Page 38482]]

    The Exchange proposes to extend the time period of the Penny Pilot 
through June 30, 2016 or the date of permanent approval, if earlier, 
and to provide a revised date for adding replacement issues to the 
Penny Pilot. The Exchange proposes that any Penny Pilot Program issues 
that have been delisted may be replaced on the second trading day 
following July 1, 2015 and January 1, 2016. The replacement issues will 
be selected based on trading activity in the previous six months.\4\
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    \4\ The replacement issues will be announced to the Exchange's 
membership via an Options Trader Alert (OTA) posted on the 
Exchange's Web site. The Exchange proposes in its Penny Pilot rule 
that replacement issues will be selected based on trading activity 
in the previous six months. The replacement issues would be 
identified based on The Options Clearing Corporation's trading 
volume data. For example, for the July replacement, trading volume 
from December 1, 2014 through May 30, 2015 would be analyzed. The 
month immediately preceding the replacement issues' addition to the 
Pilot Program (i.e., June) would not be used for purposes of the 
six-month analysis.
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    This filing does not propose any substantive changes to the Penny 
Pilot Program; all classes currently participating in the Penny Pilot 
will remain the same and all minimum increments will remain unchanged. 
The Exchange believes the benefits to public customers and other market 
participants who will be able to express their true prices to buy and 
sell options have been demonstrated to outweigh the potential increase 
in quote traffic.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section 
6(b) of the Act,\5\ in general, and furthers the objectives of Section 
6(b)(5) of the Act,\6\ in particular, in that it is designed to prevent 
fraudulent and manipulative acts and practices, to promote just and 
equitable principles of trade, to foster cooperation and coordination 
with persons engaged in facilitating transactions in securities, and to 
remove impediments to and perfect the mechanism of a free and open 
market and a national market system and, in general, to protect 
investors and the public interest.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

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

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

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

    No written comments were either solicited or received.

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

    The Exchange has filed the proposed rule change pursuant to Section 
19(b)(3)(A)(iii) of the Act \7\ and Rule 19b-4(f)(6).\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) \9\ of the Act and subparagraph (f)(6) of Rule 
19b-4 thereunder.\10\
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    \7\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \8\ 17 CFR 240.19b-4(f)(6).
    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6).
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    A proposed rule change filed under Rule 19b-4(f)(6) \11\ normally 
does not become operative prior to 30 days after the date of the 
filing.\12\ However, pursuant to Rule 19b-4(f)(6)(iii),\13\ 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.\14\
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    \11\ 17 CFR 240.19b-4(f)(6).
    \12\ 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.
    \13\ 17 CFR 240.19b-4(f)(6)(iii).
    \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).
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    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend such rule 
change if it appears to the Commission that such action is: (i) 
necessary or appropriate in the public interest; (ii) for the 
protection of investors; or (iii) 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) of the 
Act \15\ to determine whether the proposed rule should be approved or 
disapproved.
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    \15\ 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:

[[Page 38483]]

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-BX-2015-037 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-BX-2015-037. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549-1090 on official business days between the hours 
of 10:00 a.m. and 3:00 p.m. Copies of the filing will also be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-BX-2015-037 and should be 
submitted on or before July 27, 2015.


    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-16416 Filed 7-2-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                                                 Federal Register / Vol. 80, No. 128 / Monday, July 6, 2015 / Notices                                                38481

                                             information unless it displays a                            I. Self-Regulatory Organization’s                         listed options classes that are not yet
                                             currently valid control number.                             Statement of the Terms of Substance of                    included in the pilot, based on trading
                                               Written comments are invited on: (a)                      the Proposed Rule Change                                  activity in the previous six months. The
                                             Whether the proposed collection of                             BX is filing with the Commission a                     replacement issues may be added to the
                                             information is necessary for the proper                     proposal to amend Chapter VI, Section                     pilot on the second trading day
                                             performance of the functions of the                         5 (Minimum Increments) to extend                          following July 1, 2015 and January 1,
                                             agency, including whether the                               through June 30, 2016 or the date of                      [2015]2016.
                                             information will have practical utility;                    permanent approval, if earlier, the                          (4) No Change.
                                             (b) the accuracy of the agency’s estimate                   Penny Pilot Program in options classes                       (b) No Change.
                                             of the burden of the collection of                          in certain issues (‘‘Penny Pilot’’ or                     *      *     *    *     *
                                             information; (c) ways to enhance the                        ‘‘Pilot’’), and to change the date when                      The text of the proposed rule change
                                             quality, utility, and clarity of the                        delisted classes may be replaced in the                   is also available on the Exchange’s Web
                                             information collected; and (d) ways to                      Penny Pilot.3                                             site at http://
                                             minimize the burden of the collection of                       The text of the amended Exchange                       nasdaqomxbx.cchwallstreet.com, at the
                                             information on respondents, including                       rule is set forth immediately below.                      principal office of the Exchange, and at
                                             through the use of automated collection                        Proposed new language is in italics                    the Commission’s Public Reference
                                             techniques or other forms of information                    and proposed deleted language is                          Room.
                                             technology. Consideration will be given                     [bracketed].
                                             to comments and suggestions submitted                                                                                 II. Self-Regulatory Organization’s
                                             in writing within 60 days of this                           NASDAQ OMX BX Rules                                       Statement of the Purpose of, and
                                             publication.                                                Options Rules                                             Statutory Basis for, the Proposed Rule
                                               Please direct your written comments                       *      *         *       *       *                        Change
                                             to Pamela Dyson, Director/Chief
                                             Information Officer, Securities and                         Chapter VI Trading Systems                                  In its filing with the Commission, the
                                             Exchange Commission, C/O Remi                                                                                         Exchange included statements
                                                                                                         *      *         *       *       *                        concerning the purpose of and basis for
                                             Pavlik-Simon, 100 F Street NE.,
                                             Washington, DC 20549; or send an email                      Sec. 5 Minimum Increments                                 the proposed rule change and discussed
                                             to: PRA_Mailbox@sec.gov.                                                                                              any comments it received on the
                                                                                                            (a) The Board may establish minimum
                                                                                                                                                                   proposed rule change. The text of these
                                               Dated: June 29, 2015.                                     quoting increments for options contracts
                                                                                                                                                                   statements may be examined at the
                                             Robert W. Errett,                                           traded on BX Options. Such minimum
                                                                                                                                                                   places specified in Item IV below. The
                                                                                                         increments established by the Board
                                             Deputy Secretary.                                                                                                     Exchange has prepared summaries, set
                                                                                                         will be designated as a stated policy,
                                             [FR Doc. 2015–16408 Filed 7–2–15; 8:45 am]                                                                            forth in sections A, B, and C below, of
                                                                                                         practice, or interpretation with respect
                                             BILLING CODE 8011–01–P                                                                                                the most significant aspects of such
                                                                                                         to the administration of this Section
                                                                                                                                                                   statements.
                                                                                                         within the meaning of Section 19 of the
                                                                                                         Exchange Act and will be filed with the                   A. Self-Regulatory Organization’s
                                             SECURITIES AND EXCHANGE
                                                                                                         SEC as a rule change for effectiveness                    Statement of the Purpose of, and
                                             COMMISSION
                                                                                                         upon filing. Until such time as the                       Statutory Basis for, the Proposed Rule
                                                                                                         Board makes a change in the                               Change
                                             [Release No. 34–75326; File No. SR–BX–                      increments, the following principles
                                             2015–037]                                                                                                             1. Purpose
                                                                                                         shall apply:
                                                                                                            (1)–(2) No Change.                                        The purpose of this filing is to amend
                                             Self-Regulatory Organizations;                                 (3) For a pilot period scheduled to
                                             NASDAQ OMX BX, Inc.; Notice of Filing                                                                                 Chapter VI, Section 5 to extend the
                                                                                                         expire on June 30, [2015]2016 or the                      Penny Pilot through June 30, 2016 or the
                                             and Immediate Effectiveness of a                            date of permanent approval, if earlier, if
                                             Proposed Rule Change Relating to                                                                                      date of permanent approval, if earlier,
                                                                                                         the options series is trading pursuant to                 and to change the date when delisted
                                             Extension of the Exchange’s Penny                           the Penny Pilot program one (1) cent if
                                             Pilot Program and Replacement of                                                                                      classes may be replaced in the Penny
                                                                                                         the options series is trading at less than                Pilot. The Exchange believes that
                                             Penny Pilot Issues That Have Been                           $3.00, five (5) cents if the options series
                                             Delisted                                                                                                              extending the Penny Pilot will allow for
                                                                                                         is trading at $3.00 or higher, unless for                 further analysis of the Penny Pilot and
                                             June 29, 2015.                                              QQQQs, SPY and IWM where the                              a determination of how the program
                                                Pursuant to Section 19(b)(1) of the                      minimum quoting increment will be one                     should be structured in the future.
                                             Securities Exchange Act of 1934                             cent for all series regardless of price. A                   Under the Penny Pilot, the minimum
                                             (‘‘Act’’),1 and Rule 19b–4 2 thereunder,                    list of such options shall be                             price variation for all participating
                                             notice is hereby given that on June 19,                     communicated to membership via an                         options classes, except for the Nasdaq-
                                             2015, NASDAQ OMX BX, Inc.                                   Options Trader Alert (‘‘OTA’’) posted on                  100 Index Tracking Stock (‘‘QQQQ’’),
                                             (‘‘Exchange’’ or ‘‘BX’’) filed with the                     the Exchange’s Web site.                                  the SPDR S&P 500 Exchange Traded
                                             Securities and Exchange Commission                             The Exchange may replace any pilot                     Fund (‘‘SPY’’) and the iShares Russell
                                             (‘‘SEC’’ or ‘‘Commission’’) the proposed                    issues that have been delisted with the                   2000 Index Fund (‘‘IWM’’), is $0.01 for
                                             rule change as described in Items I and                     next most actively traded multiply                        all quotations in options series that are
                                             II, below, which Items have been                                                                                      quoted at less than $3 per contract and
Lhorne on DSK7TPTVN1PROD with NOTICES




                                                                                                            3 The Penny Pilot was established in June 2012
                                             prepared by the Exchange. The                               and extended in 2014. See Securities Exchange Act
                                                                                                                                                                   $0.05 for all quotations in options series
                                             Commission is publishing this notice to                     Release Nos. 67256 (June 26, 2012), 77 FR 39277           that are quoted at $3 per contract or
                                             solicit comments on the proposed rule                       (July 2, 2012) (SR–BX–2012–030) (order approving          greater. QQQQ, SPY and IWM are
                                             change from interested persons.                             BX option rules and establishing Penny Pilot); and        quoted in $0.01 increments for all
                                                                                                         73689 (November 25, 2014), 79 FR 71488
                                                                                                         (December 2, 2014) (SR–BX–2014–057) (notice of
                                                                                                                                                                   options series. The Penny Pilot is
                                               1 15   U.S.C. 78s(b)(1).                                  filing and immediate effectiveness extending the          currently scheduled to expire on June
                                               2 17   CFR 240.19b–4.                                     Penny Pilot through June 30, 2015).                       30, 2015.


                                        VerDate Sep<11>2014      14:37 Jul 02, 2015   Jkt 235001   PO 00000   Frm 00055       Fmt 4703   Sfmt 4703   E:\FR\FM\06JYN1.SGM   06JYN1


                                             38482                            Federal Register / Vol. 80, No. 128 / Monday, July 6, 2015 / Notices

                                                The Exchange proposes to extend the                   for the benefit of all market participants.                  A proposed rule change filed under
                                             time period of the Penny Pilot through                   This is consistent with the Act.                          Rule 19b–4(f)(6) 11 normally does not
                                             June 30, 2016 or the date of permanent                                                                             become operative prior to 30 days after
                                                                                                      B. Self-Regulatory Organization’s
                                             approval, if earlier, and to provide a                                                                             the date of the filing.12 However,
                                                                                                      Statement on Burden on Competition
                                             revised date for adding replacement                                                                                pursuant to Rule 19b–4(f)(6)(iii),13 the
                                             issues to the Penny Pilot. The Exchange                    The Exchange does not believe that                      Commission may designate a shorter
                                             proposes that any Penny Pilot Program                    the proposed rule change will impose                      time if such action is consistent with the
                                             issues that have been delisted may be                    any burden on competition not                             protection of investors and the public
                                             replaced on the second trading day                       necessary or appropriate in furtherance                   interest. The Exchange has asked the
                                             following July 1, 2015 and January 1,                    of the purposes of the Act. To the                        Commission to waive the 30-day
                                             2016. The replacement issues will be                     contrary, this proposal is pro-                           operative delay so that the proposal may
                                             selected based on trading activity in the                competitive because it allows Penny                       become operative immediately upon
                                             previous six months.4                                    Pilot issues to continue trading on the                   filing. The Commission believes that
                                                This filing does not propose any                      Exchange. Moreover, the Exchange                          waiving the 30-day operative delay is
                                             substantive changes to the Penny Pilot                   believes that the proposed rule change                    consistent with the protection of
                                             Program; all classes currently                           will allow for further analysis of the                    investors and the public interest
                                             participating in the Penny Pilot will                    Pilot and a determination of how the                      because doing so will allow the Pilot
                                             remain the same and all minimum                          Pilot should be structured in the future;                 Program to continue without
                                             increments will remain unchanged. The                    and will serve to promote regulatory                      interruption in a manner that is
                                             Exchange believes the benefits to public                 clarity and consistency, thereby
                                             customers and other market participants                                                                            consistent with the Commission’s prior
                                                                                                      reducing burdens on the marketplace
                                             who will be able to express their true                                                                             approval of the extension and expansion
                                                                                                      and facilitating investor protection. The
                                             prices to buy and sell options have been                                                                           of the Pilot Program and will allow the
                                                                                                      Pilot is an industry-wide initiative
                                             demonstrated to outweigh the potential                                                                             Exchange and the Commission
                                                                                                      supported by all other option
                                             increase in quote traffic.                                                                                         additional time to analyze the impact of
                                                                                                      exchanges. The Exchange believes that
                                                                                                      extending the Pilot will allow for                        the Pilot Program. Accordingly, the
                                             2. Statutory Basis                                                                                                 Commission designates the proposed
                                                                                                      continued competition between market
                                                The Exchange believes that its                        participants on the Exchange trading                      rule change as operative upon filing
                                             proposal is consistent with Section 6(b)                 similar products as their counterparts                    with the Commission.14
                                             of the Act,5 in general, and furthers the                on other exchanges, while at the same                        At any time within 60 days of the
                                             objectives of Section 6(b)(5) of the Act,6               time allowing the Exchange to continue                    filing of the proposed rule change, the
                                             in particular, in that it is designed to                 to compete for order flow with other                      Commission summarily may
                                             prevent fraudulent and manipulative                      exchanges in option issues trading as                     temporarily suspend such rule change if
                                             acts and practices, to promote just and                  part of the Pilot.                                        it appears to the Commission that such
                                             equitable principles of trade, to foster                                                                           action is: (i) necessary or appropriate in
                                             cooperation and coordination with                        C. Self-Regulatory Organization’s
                                                                                                      Statement on Comments on the                              the public interest; (ii) for the protection
                                             persons engaged in facilitating                                                                                    of investors; or (iii) otherwise in
                                             transactions in securities, and to remove                Proposed Rule Change Received From
                                                                                                      Members, Participants, or Others                          furtherance of the purposes of the Act.
                                             impediments to and perfect the
                                                                                                                                                                If the Commission takes such action, the
                                             mechanism of a free and open market                        No written comments were either                         Commission shall institute proceedings
                                             and a national market system and, in                     solicited or received.                                    under Section 19(b)(2)(B) of the Act 15 to
                                             general, to protect investors and the
                                             public interest.                                         III. Date of Effectiveness of the                         determine whether the proposed rule
                                                In particular, the proposed rule                      Proposed Rule Change and Timing for                       should be approved or disapproved.
                                             change, which extends the Penny Pilot                    Commission Action                                         IV. Solicitation of Comments
                                             for an additional twelve months through
                                                                                                         The Exchange has filed the proposed                      Interested persons are invited to
                                             June 30, 2016 or the date of permanent
                                                                                                      rule change pursuant to Section                           submit written data, views, and
                                             approval, if earlier, and changes the date
                                                                                                      19(b)(3)(A)(iii) of the Act 7 and Rule                    arguments concerning the foregoing,
                                             for replacing Penny Pilot issues that
                                                                                                      19b–4(f)(6).8 Because the proposed rule                   including whether the proposed rule
                                             were delisted to the second trading day
                                                                                                      change does not: (i) Significantly affect
                                             following July 1, 2015 and January 1,                                                                              change is consistent with the Act.
                                                                                                      the protection of investors or the public
                                             2016, will enable public customers and                                                                             Comments may be submitted by any of
                                                                                                      interest; (ii) impose any significant
                                             other market participants to express                                                                               the following methods:
                                                                                                      burden on competition; and (iii) become
                                             their true prices to buy and sell options
                                                                                                      operative prior to 30 days from the date                    11 17  CFR 240.19b–4(f)(6).
                                                                                                      on which it was filed, or such shorter                      12 17
                                               4 The  replacement issues will be announced to                                                                            CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                             the Exchange’s membership via an Options Trader
                                                                                                      time as the Commission may designate,                     4(f)(6)(iii) requires the Exchange to give the
                                             Alert (OTA) posted on the Exchange’s Web site. The       if consistent with the protection of                      Commission written notice of the Exchange’s intent
                                             Exchange proposes in its Penny Pilot rule that           investors and the public interest, the                    to file the proposed rule change along with a brief
                                             replacement issues will be selected based on             proposed rule change has become                           description and the text of the proposed rule
                                             trading activity in the previous six months. The                                                                   change, at least five business days prior to the date
                                             replacement issues would be identified based on
                                                                                                      effective pursuant to Section                             of filing of the proposed rule change, or such
                                             The Options Clearing Corporation’s trading volume        19(b)(3)(A) 9 of the Act and                              shorter time as designated by the Commission. The
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                                             data. For example, for the July replacement, trading     subparagraph (f)(6) of Rule 19b–4                         Exchange has satisfied this pre-filing requirement.
                                             volume from December 1, 2014 through May 30,             thereunder.10                                                13 17 CFR 240.19b–4(f)(6)(iii).

                                             2015 would be analyzed. The month immediately                                                                         14 For purposes only of waiving the operative
                                             preceding the replacement issues’ addition to the                                                                  delay for this proposal, the Commission has
                                                                                                           7 15 U.S.C. 78s(b)(3)(A)(iii).
                                             Pilot Program (i.e., June) would not be used for                                                                   considered the proposed rule’s impact on
                                             purposes of the six-month analysis.                           8 17 CFR 240.19b–4(f)(6).                            efficiency, competition, and capital formation. See
                                                5 15 U.S.C. 78f(b).                                        9 15 U.S.C. 78s(b)(3)(A).                            15 U.S.C. 78c(f).
                                                6 15 U.S.C. 78f(b)(5).                                     10 17 CFR 240.19b–4(f)(6).                              15 15 U.S.C. 78s(b)(2)(B).




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                                                                                Federal Register / Vol. 80, No. 128 / Monday, July 6, 2015 / Notices                                                      38483

                                             Electronic Comments                                        SECURITIES AND EXCHANGE                                  resources and operational capability as
                                                                                                        COMMISSION                                               considerations in its periodic evaluation
                                               • Use the Commission’s Internet                                                                                   of Market Maker performance, which
                                             comment form (http://www.sec.gov/                          [Release No. 34–75323; File No. SR–                      factors currently are considered when a
                                             rules/sro.shtml); or                                       NYSEArca–2015–17]                                        Market Maker applies for an
                                               • Send an email to rule-comments@                        Self-Regulatory Organizations; NYSE
                                                                                                                                                                 appointment.
                                             sec.gov. Please include File Number SR–                    Arca, Inc.; Order Approving Proposed                     A. Background
                                             BX–2015–037 on the subject line.                           Rule Change Amending Rule 6.35 to                           Currently, a registered Market Maker
                                             Paper Comments                                             Modify the Appointment Process                           may seek an appointment in one or
                                                                                                        Utilized by the Exchange                                 more option classes pursuant to Rule
                                               • Send paper comments in triplicate                                                                               6.35. Specifically, Rule 6.35(a) provides
                                                                                                        June 29, 2015.
                                             to Secretary, Securities and Exchange                                                                               that ‘‘[o]n a form or forms prescribed by
                                             Commission, 100 F Street NE.,                              I. Introduction                                          the Exchange, a Market Maker must
                                             Washington, DC 20549–1090.                                    On March 20, 2015, NYSE Arca, Inc.                    apply for an appointment in one or
                                                                                                        (the ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed                more classes of option contracts.’’ 7 In
                                             All submissions should refer to File
                                                                                                        with the Securities and Exchange                         addition to having the authority to
                                             Number SR–BX–2015–037. This file
                                                                                                        Commission (‘‘Commission’’), pursuant                    appoint one Lead Market Maker
                                             number should be included on the                                                                                    (‘‘LMM’’) per option class,8 Rule 6.35(b)
                                             subject line if email is used. To help the                 to section 19(b)(1) of the Securities
                                                                                                        Exchange Act of 1934 (‘‘Act’’) 1 and Rule                provides that ‘‘[t]he Exchange may
                                             Commission process and review your                                                                                  appoint an unlimited number of Market
                                             comments more efficiently, please use                      19b–4 thereunder,2 a proposed rule
                                                                                                        change to modify the Market Maker                        Makers in each class unless the number
                                             only one method. The Commission will                                                                                of Market Makers appointed to a
                                                                                                        appointment and withdrawal process
                                             post all comments on the Commission’s                                                                               particular option class should be
                                                                                                        used by the Exchange. The proposed
                                             Internet Web site (http://www.sec.gov/                     rule change was published for comment                    limited’’ based on the Exchange’s
                                             rules/sro.shtml). Copies of the                            in the Federal Register on April 8,                      judgment.9 Further, current Rule 6.35(c)
                                             submission, all subsequent                                 2015.3 On May 21, 2015, pursuant to                      provides that ‘‘Market Makers may
                                             amendments, all written statements                         section 19(b)(2) of the Act,4 the                        select from among any option issues
                                             with respect to the proposed rule                          Commission designated a longer period                    traded on the Exchange for inclusion in
                                             change that are filed with the                             within which to approve the proposed                     their appointment, subject to the
                                             Commission, and all written                                rule change, disapprove the proposed                     approval of the Exchange.’’ 10 In
                                             communications relating to the                             rule change, or institute proceedings to                 considering the approval of the
                                             proposed rule change between the                           determine whether to approve or                          appointment of a Market Maker in each
                                             Commission and any person, other than                      disapprove the proposed rule change.5                    security, ‘‘the Exchange will consider
                                             those that may be withheld from the                        The Commission received no comment                       the Market Maker’s preference; the
                                             public in accordance with the                              letters on the proposed rule change.                     financial resources available to the
                                                                                                        This order approves the proposed rule                    Market Maker; the Market Maker’s
                                             provisions of 5 U.S.C. 552, will be
                                                                                                        change.                                                  experience, expertise and past
                                             available for Web site viewing and
                                                                                                                                                                 performance in making markets,
                                             printing in the Commission’s Public                        II. Description of the Proposed Rule                     including the Market Maker’s
                                             Reference Room, 100 F Street NE.,                          Change                                                   performance in other securities; the
                                             Washington, DC 20549–1090 on official                                                                               Market Maker’s operational capability;
                                             business days between the hours of                           The Exchange proposes to amend
                                                                                                        Rule 6.35 to modify the options Market                   and the maintenance and enhancement
                                             10:00 a.m. and 3:00 p.m. Copies of the                                                                              of competition among Market Makers in
                                             filing will also be available for                          Maker appointment and withdrawal
                                                                                                        process used by the Exchange. Under                      each security in which they are
                                             inspection and copying at the principal                                                                             appointed.’’ 11 Current Rule 6.35 also
                                                                                                        the proposal, once an option trading
                                             office of the Exchange. All comments                                                                                sets forth the number of OTPs that the
                                                                                                        permit (‘‘OTP’’) holder has been
                                             received will be posted without change;                    approved as a Market Maker under                         Market Maker must have in order to
                                             the Commission does not edit personal                      Exchange Rule 6.33,6 the Market Maker                    have a specified number of option
                                             identifying information from                               would, subject to certain conditions, be                 issues included in the Market Maker’s
                                             submissions. You should submit only                        permitted to register rather than apply                  appointment.12
                                             information that you wish to make                          for an appointment in one or more                           Under current Rule 6.35, ‘‘Market
                                             available publicly. All submissions                        option classes, and would be permitted                   Makers may change the option issues in
                                             should refer to File Number SR–BX–                         to select or withdraw option issues                      their appointment, subject to the
                                             2015–037 and should be submitted on                        included in its appointment using an                     approval of the Exchange,’’ provided
                                             or before July 27, 2015.                                   Exchange-approved electronic interface.                  such requests are ‘‘made in a form and
                                                                                                        The Exchange also proposes to include                      7 See Notice, supra note 3, at 18909.
                                                                                                        a Market Maker’s available financial                       8 See Rule 6.82(a)(1) (defining ‘‘LMM’’). Any OTP
                                               For the Commission, by the Division of
                                             Trading and Markets, pursuant to delegated                                                                          Holder or OTP Firm registered as a Market Maker
                                                                                                             1 15
                                                                                                               U.S.C. 78s(b)(1).                                 with the Exchange is eligible to be qualified as an
                                             authority.16                                                    2 17
                                                                                                               CFR 240.19b–4.                                    LMM. Id. The Exchange is not proposing to change
                                             Robert W. Errett,                                            3 See Securities Exchange Act Release No. 74635        Rule 6.82.
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                                                                                                        (April 2, 2015), 80 FR 18909 (‘‘Notice’’).                 9 See Notice, supra note 3, at 18909.
                                             Deputy Secretary.                                            4 15 U.S.C. 78s(b)(2).                                   10 See id.
                                             [FR Doc. 2015–16416 Filed 7–2–15; 8:45 am]                   5 See Securities Exchange Act Release No. 75032,         11 See id.

                                             BILLING CODE 8011–01–P                                     80 FR 30511 (May 28, 2015).                                12 See id. For example, 1 OTP affords a Market
                                                                                                          6 See Rule 6.33 (‘‘Registration of Market Makers’’).   Maker up to 100 option issues included in their
                                                                                                        See also Rule 6.32(a) (defining ‘‘Market Maker’’).       appointment, whereas 4 OTPS would enable a
                                                                                                        The Exchange is not proposing any changes to Rule        Market Maker to have all option issues traded on
                                               16 17   CFR 200.30–3(a)(12).                             6.33.                                                    the Exchange included in their appointment. See id.



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Document Created: 2015-12-15 13:17:56
Document Modified: 2015-12-15 13:17:56
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 38481 

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