80_FR_51047 80 FR 50885 - Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to Verifiable Disruption or Malfunction of Exchange Systems

80 FR 50885 - Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to Verifiable Disruption or Malfunction of Exchange Systems

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 162 (August 21, 2015)

Page Range50885-50887
FR Document2015-20657

Federal Register, Volume 80 Issue 162 (Friday, August 21, 2015)
[Federal Register Volume 80, Number 162 (Friday, August 21, 2015)]
[Notices]
[Pages 50885-50887]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20657]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75716; File No. SR-BX-2015-052)


Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of 
Filing and Immediate Effectiveness of a Proposed Rule Change Relating 
to Verifiable Disruption or Malfunction of Exchange Systems

August 17, 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 August 13, 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, II, 
and III, 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.
---------------------------------------------------------------------------

    \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 V, 
Section 6 (Nullification and Adjustment of Options Transactions 
including Obvious Errors) of the rules of the BX Options Market (``BX 
Options'') related to a verifiable disruption or malfunction of 
Exchange systems.
    The text of the amended Exchange rule is set forth immediately 
below.
    Proposed new language is italicized and proposed deleted language 
is [bracketed].

NASDAQ OMX BX Rules

Options Rules

* * * * *

Chapter V Regulation of Trading on BX Options

* * * * *

Sec. 6 Nullification and Adjustment of Options Transactions Including 
Obvious Errors

    The Exchange may nullify a transaction or adjust the execution 
price of a transaction in accordance with this Rule. However, the 
determination as to whether a trade was executed at an erroneous price 
may be made by mutual agreement of the affected parties to a particular 
transaction. A trade may be nullified or adjusted on the terms that all 
parties to a particular transaction agree, provided, however, that such 
agreement to nullify or adjust must be conveyed to the Exchange in a 
manner prescribed by the Exchange prior to 8:30 a.m. Eastern Time on 
the first trading day following the execution. It is considered conduct 
inconsistent with just and equitable principles of trade for any 
Participant to use the mutual adjustment process to circumvent any 
applicable Exchange rule, the Act or any of the rules and regulations 
thereunder.
    (a)-(j) No Change.
    (k) Verifiable Disruption or Malfunction of Exchange Systems. 
Parties to a trade may have a trade nullified or its price adjusted if 
it resulted from a verifiable disruption or malfunction of Exchange 
execution, dissemination, or communication systems that caused a quote/
order to trade in excess of its disseminated size (e.g. a quote/order 
that is frozen, because of an Exchange system error, and repeatedly 
traded). Parties to a trade may have a trade nullified or its price 
adjusted if it resulted from a verifiable disruption or malfunction of 
an Exchange dissemination or communication system that prevented a 
member from updating or canceling a quote/order for which the member is 
responsible where there is Exchange documentation providing that the 
member sought to update or cancel the quote/order.
    ([k]l) Appeals. A party to a transaction affected by a decision 
made under this section may appeal that decision to the Exchange Review 
Council. An appeal must be made in writing, and must be received by BX 
within thirty (30) minutes after the person making the appeal is given 
the notification of the determination being appealed. The Exchange 
Review Council may review any decision appealed, including whether a 
complaint was timely, whether an Obvious Error or Catastrophic Error 
occurred, whether the correct Theoretical Price was used, and whether 
an adjustment was made at the correct price.
* * * * *

    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

[[Page 50886]]

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 Exchange is seeking to amend its rules related to obvious 
errors. Specifically, the Exchange is seeking to amend Chapter V, 
Section 6 (Nullification and Adjustment of Options Transactions 
including Obvious Errors) of the rules of BX Options related to a 
verifiable disruption or malfunction of Exchange systems.
    Similar to NASDAQ OMX PHLX LLC (``Phlx'') Rule 1092(k), proposed BX 
Options Chapter V, Section 6(k) would indicate that parties to a trade 
may have a trade nullified or its price adjusted if it resulted from a 
verifiable disruption or malfunction of Exchange execution, 
dissemination, or communication systems that caused a quote/order to 
trade in excess of its disseminated size (e.g., a quote/order that is 
frozen, because of an Exchange system error, and repeatedly traded).\3\ 
Parties to a trade may have a trade nullified or its price adjusted if 
it resulted from a verifiable disruption or malfunction of an Exchange 
dissemination or communication system that prevented a member from 
updating or canceling a quote/order for which the member is responsible 
where there is Exchange documentation providing that the member sought 
to update or cancel the quote/order. The Exchange notes that the 
proposed BX Options Chapter V, Section 6(k) language is identical to 
that of Phlx Rule 1092(k). Per BX Options Chapter V, Section 6, 
transactions that qualify for price adjustment will be adjusted to 
Theoretical Price, as defined in paragraph (b) of Section 6.
---------------------------------------------------------------------------

    \3\ There is no reference to open outcry as BX Options is all-
electronic.
---------------------------------------------------------------------------

    The Exchange believes that it is appropriate to provide the 
flexibility and authority provided for in the proposed rule so as not 
to limit the Exchange's ability to plan for and respond to unforeseen 
systems problems or malfunctions. The proposed rule change would 
provide the Exchange with the same authority that Phlx and other 
exchanges have to nullify or adjust trades in the event of a 
``verifiable disruption or malfunction'' in the use or operation of its 
systems. \4\ For this reason, the Exchange believes that, in the 
interest of maintaining a fair and orderly market and for the 
protection of investors, authority to nullify or adjust trades in these 
circumstances, consistent with the authority on other exchanges, is 
warranted.
---------------------------------------------------------------------------

    \4\ See, e.g., Phlx Rule 1092(k), Chicago Board Options Exchange 
(``CBOE'') Rule 6.25.05, CBOE C2 (``C2'') Rule 6.15.06, and NYSE 
Arca, Inc. (``Arca'') Rule 6.89.
---------------------------------------------------------------------------

    By way of housekeeping, the Exchange proposes to renumber current 
Section 6(k) of BX Options Chapter V to Section 6(l). There are no 
other changes to Section 6(l), which deals with appeals regarding 
decisions pursuant to BX Options Chapter V, Section 6.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with 
the Act and the rules and regulations thereunder applicable to the 
Exchange and, in particular, the requirements of Section 6(b) of the 
Act.\5\ Specifically, the Exchange believes the proposed rule change is 
consistent with the Section 6(b)(5) \6\ requirements that the rules of 
an exchange be 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 regulating, 
clearing, settling, processing information with respect to, and 
facilitating transactions in securities, 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. 
Additionally, the Exchange believes the proposed rule change is 
consistent with the Section 6(b)(5) requirement that the rules of an 
exchange not be designed to permit unfair discrimination between 
customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

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

    In particular, the Exchange believes that the proposed rule change 
would remove impediments to and perfect the mechanism of a free and 
open market and national market system and promote a fair and orderly 
market because it would provide authority for the Exchange to nullify 
or adjust trades that may have resulted from a verifiable systems 
disruption or malfunction. The Exchange believes that it is appropriate 
to provide the flexibility and authority provided for in the proposed 
rule so as not to limit the Exchange's ability to plan for and respond 
to unforeseen systems problems or malfunctions that may result in harm 
to the public. Allowing for the nullification or modification of 
transactions that result from verifiable disruptions and/or 
malfunctions of the Exchange's systems will offer market participants 
on BX Options a level of relief presently not available. The Exchange 
notes that the proposed rule change is the same as the equivalent Phlx 
rule and substantially similar to the equivalent CBOE, C2, and Arca 
rules.

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, the Exchange 
believes that the proposed rule change is pro-competitive because it 
will align the BX Option rules with the rules of other markets, 
including Phlx, CBOE, C2, and Arca. By adopting the proposed rule, the 
Exchange will be in a position to treat transactions that are a result 
of a verifiable systems issue or malfunction in a manner similar to 
other exchanges.

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

    Because the foregoing proposed rule change does not: (i) 
Significantly affect the protection of investors or the public 
interest; (ii) impose any significant burden on competition; and (iii) 
become operative for 30 days from the date on which it was filed, or 
such shorter time as the Commission may designate, it has become 
effective pursuant to Section 19(b)(3)(A) \7\ of the Act and 
subparagraph (f)(6) of Rule 19b-4 thereunder.\8\
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    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 to determine whether the 
proposed rule should be approved or disapproved.

[[Page 50887]]

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to rule-comments@sec.gov. Please include 
File Number SR-BX-2015-052 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields, 
Secretary, Securities and Exchange Commission, 100 F Street NE., 
Washington, DC 20549-1090.
    All submissions should refer to File Number SR-BX-2015-052. This 
file number should be included on the subject line if email is used. To 
help the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549 on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-BX-2015-052, and should be 
submitted on or before September 11, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-20657 Filed 8-20-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                                             Federal Register / Vol. 80, No. 162 / Friday, August 21, 2015 / Notices                                                 50885

                                               professional qualification tests for its                SECURITIES AND EXCHANGE                                    agree, provided, however, that such
                                               broker-dealer members (which include                    COMMISSION                                                 agreement to nullify or adjust must be
                                               municipal securities brokers and                                                                                   conveyed to the Exchange in a manner
                                                                                                       [Release No. 34–75716; File No. SR–BX–
                                               dealers) and other securities                           2015–052)
                                                                                                                                                                  prescribed by the Exchange prior to 8:30
                                               professionals.14 These qualification tests                                                                         a.m. Eastern Time on the first trading
                                               cover a broad range of subjects on the                  Self-Regulatory Organizations;                             day following the execution. It is
                                               markets, the securities industry and its                NASDAQ OMX BX, Inc.; Notice of Filing                      considered conduct inconsistent with
                                               regulatory structure, including                         and Immediate Effectiveness of a                           just and equitable principles of trade for
                                               knowledge of FINRA rules and the rules                  Proposed Rule Change Relating to                           any Participant to use the mutual
                                               of other self-regulatory organizations,                 Verifiable Disruption or Malfunction of                    adjustment process to circumvent any
                                               such as the MSRB.15                                     Exchange Systems                                           applicable Exchange rule, the Act or any
                                                                                                                                                                  of the rules and regulations thereunder.
                                                 IT IS THEREFORE ORDERED,                              August 17, 2015.                                              (a)–(j) No Change.
                                               pursuant to Exchange Act Section                           Pursuant to Section 19(b)(1) of the                        (k) Verifiable Disruption or
                                               15B(c)(7)(A), that FINRA is designated                  Securities Exchange Act of 1934                            Malfunction of Exchange Systems.
                                               to administer professional qualification                (‘‘Act’’),1 and Rule 19b–4 2 thereunder,                   Parties to a trade may have a trade
                                               tests for associated persons of registered              notice is hereby given that on August                      nullified or its price adjusted if it
                                               municipal advisors who engage in                        13, 2015, NASDAQ OMX BX, Inc.                              resulted from a verifiable disruption or
                                               municipal advisory activities or engage                 (‘‘Exchange’’ or ‘‘BX’’) filed with the                    malfunction of Exchange execution,
                                               in the management, direction or                         Securities and Exchange Commission                         dissemination, or communication
                                               supervision of municipal advisory                       (‘‘SEC’’ or ‘‘Commission’’) the proposed                   systems that caused a quote/order to
                                               activities.                                             rule change as described in Items I, II,                   trade in excess of its disseminated size
                                                                                                       and III, below, which Items have been                      (e.g. a quote/order that is frozen,
                                                 By the Commission.                                    prepared by the Exchange. The                              because of an Exchange system error,
                                                 Dated: August 17, 2015.                               Commission is publishing this notice to                    and repeatedly traded). Parties to a
                                               Brent J. Fields,                                        solicit comments on the proposed rule                      trade may have a trade nullified or its
                                               Secretary.                                              change from interested persons.                            price adjusted if it resulted from a
                                               [FR Doc. 2015–20652 Filed 8–20–15; 8:45 am]             I. Self-Regulatory Organization’s                          verifiable disruption or malfunction of
                                               BILLING CODE 8011–01–P                                  Statement of the Terms of Substance of                     an Exchange dissemination or
                                                                                                       the Proposed Rule Change                                   communication system that prevented a
                                                  14 See id. These professional qualification tests
                                                                                                                                                                  member from updating or canceling a
                                                                                                          BX is filing with the Commission a                      quote/order for which the member is
                                               are Series 3 (National Commodities Futures Exam);
                                                                                                       proposal to amend Chapter V, Section 6                     responsible where there is Exchange
                                               Series 4 (Registered Options Principal); Series 6
                                               (Investment Company and Variable Contracts
                                                                                                       (Nullification and Adjustment of                           documentation providing that the
                                               Products Representative); Series 7 (General             Options Transactions including Obvious                     member sought to update or cancel the
                                               Securities Representative Examination); Series 9        Errors) of the rules of the BX Options                     quote/order.
                                               and 10 (General Securities Sales Supervisor); Series    Market (‘‘BX Options’’) related to a                          ([k]l) Appeals. A party to a transaction
                                               11 (Assistant Representative—Order Processing           verifiable disruption or malfunction of
                                               Exam); Series 14 (Compliance Official Exam); Series                                                                affected by a decision made under this
                                                                                                       Exchange systems.                                          section may appeal that decision to the
                                               16 (Supervisory Analysts Exam); Series 17 (United
                                                                                                          The text of the amended Exchange                        Exchange Review Council. An appeal
                                               Kingdom Securities Representative); Series 22
                                               (Direct Participation Representative); Series 23        rule is set forth immediately below.                       must be made in writing, and must be
                                               (General Securities Principal Exam—Sales                   Proposed new language is italicized
                                                                                                                                                                  received by BX within thirty (30)
                                               Supervisor Module); Series 24 (General Securities       and proposed deleted language is
                                                                                                                                                                  minutes after the person making the
                                               Principal); Series 26 (Investment Company and           [bracketed].
                                               Variable Contracts Products Principal); Series 27                                                                  appeal is given the notification of the
                                               (Financial and Operations Principal Exam); Series       NASDAQ OMX BX Rules                                        determination being appealed. The
                                               28 (Introducing Broker-Dealer Financial and             Options Rules                                              Exchange Review Council may review
                                               Operations Principal Exam); Series 30 (NFA Branch                                                                  any decision appealed, including
                                               Managers Exam); Series 31 (Futures Managed Funds        *          *       *      *       *                        whether a complaint was timely,
                                               Exam); Series 32 (Limited Futures Exam—
                                                                                                       Chapter V Regulation of Trading on                         whether an Obvious Error or
                                               Regulations); Series 34 (Retail Off-Exchange Forex
                                               Exam); Series 37 (Canada Securities Representative      BX Options                                                 Catastrophic Error occurred, whether
                                               Exam); Series 38 (Canada Securities Representative                                                                 the correct Theoretical Price was used,
                                               Exam); Series 39 (Direct Participation Programs
                                                                                                       *          *       *      *       *                        and whether an adjustment was made at
                                               Principal Exam); Series 42 (Registered Options          Sec. 6 Nullification and Adjustment of                     the correct price.
                                               Representative); Series 55 (Equity Trader Exam);
                                                                                                       Options Transactions Including                             *      *     *     *    *
                                               Series 56 (Proprietary Trader Examination); Series
                                               62 (Corporate Securities Representative Exam);          Obvious Errors                                                The text of the proposed rule change
                                               Series 63 (Uniform Securities State Law                    The Exchange may nullify a                              is also available on the Exchange’s Web
                                               Examination); Series 65 (NASAA Investment               transaction or adjust the execution price                  site at http://
                                               Advisors Law Examination); Series 66 (NASAA
                                               Uniform Combined State Law Examination); Series
                                                                                                       of a transaction in accordance with this                   nasdaqomxbx.cchwallstreet.com, at the
                                               72 (Government Securities Representative Exam);         Rule. However, the determination as to                     principal office of the Exchange, and at
                                               Series 79 (Investment Banking Representative            whether a trade was executed at an                         the Commission’s Public Reference
                                               Exam); Series 82 (Private Securities Offerings          erroneous price may be made by mutual                      Room.
rmajette on DSK7SPTVN1PROD with NOTICES




                                               Representative Exam); Series 86 and 87 (Research        agreement of the affected parties to a
                                               Analyst Exam); Series 91 (FDIC Safety and                                                                          II. Self-Regulatory Organization’s
                                                                                                       particular transaction. A trade may be
                                               Soundness Technical Evaluation); Series 92 (FDIC                                                                   Statement of the Purpose of, and
                                                                                                       nullified or adjusted on the terms that
                                               Compliance Technical Evaluation); Series 93 (FDIC                                                                  Statutory Basis for, the Proposed Rule
                                               Division of Resolutions and Receiverships               all parties to a particular transaction
                                                                                                                                                                  Change
                                               Technical Evaluation); and Series 99 (Operations
                                               Professional Exam).                                         1 15   U.S.C. 78s(b)(1).                                 In its filing with the Commission, the
                                                  15 Id.                                                   2 17   CFR 240.19b–4.                                  Exchange included statements


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                                               50886                         Federal Register / Vol. 80, No. 162 / Friday, August 21, 2015 / Notices

                                               concerning the purpose of and basis for                 trades in the event of a ‘‘verifiable                   may result in harm to the public.
                                               the proposed rule change and discussed                  disruption or malfunction’’ in the use or               Allowing for the nullification or
                                               any comments it received on the                         operation of its systems. 4 For this                    modification of transactions that result
                                               proposed rule change. The text of these                 reason, the Exchange believes that, in                  from verifiable disruptions and/or
                                               statements may be examined at the                       the interest of maintaining a fair and                  malfunctions of the Exchange’s systems
                                               places specified in Item IV below. The                  orderly market and for the protection of                will offer market participants on BX
                                               Exchange has prepared summaries, set                    investors, authority to nullify or adjust               Options a level of relief presently not
                                               forth in sections A, B, and C below, of                 trades in these circumstances,                          available. The Exchange notes that the
                                               the most significant aspects of such                    consistent with the authority on other                  proposed rule change is the same as the
                                               statements.                                             exchanges, is warranted.                                equivalent Phlx rule and substantially
                                                                                                          By way of housekeeping, the                          similar to the equivalent CBOE, C2, and
                                               A. Self-Regulatory Organization’s                       Exchange proposes to renumber current
                                               Statement of the Purpose of, and                                                                                Arca rules.
                                                                                                       Section 6(k) of BX Options Chapter V to
                                               Statutory Basis for, the Proposed Rule                  Section 6(l). There are no other changes                B. Self-Regulatory Organization’s
                                               Change                                                  to Section 6(l), which deals with                       Statement on Burden on Competition
                                               1. Purpose                                              appeals regarding decisions pursuant to                    The Exchange does not believe that
                                                  The Exchange is seeking to amend its                 BX Options Chapter V, Section 6.                        the proposed rule change will impose
                                               rules related to obvious errors.                        2. Statutory Basis                                      any burden on competition not
                                               Specifically, the Exchange is seeking to                                                                        necessary or appropriate in furtherance
                                                                                                          The Exchange believes the proposed                   of the purposes of the Act. To the
                                               amend Chapter V, Section 6                              rule change is consistent with the Act
                                               (Nullification and Adjustment of                                                                                contrary, the Exchange believes that the
                                                                                                       and the rules and regulations                           proposed rule change is pro-competitive
                                               Options Transactions including Obvious                  thereunder applicable to the Exchange
                                               Errors) of the rules of BX Options                                                                              because it will align the BX Option rules
                                                                                                       and, in particular, the requirements of                 with the rules of other markets,
                                               related to a verifiable disruption or                   Section 6(b) of the Act.5 Specifically,
                                               malfunction of Exchange systems.                                                                                including Phlx, CBOE, C2, and Arca. By
                                                                                                       the Exchange believes the proposed rule                 adopting the proposed rule, the
                                                  Similar to NASDAQ OMX PHLX LLC
                                                                                                       change is consistent with the Section                   Exchange will be in a position to treat
                                               (‘‘Phlx’’) Rule 1092(k), proposed BX
                                                                                                       6(b)(5) 6 requirements that the rules of                transactions that are a result of a
                                               Options Chapter V, Section 6(k) would
                                                                                                       an exchange be designed to prevent                      verifiable systems issue or malfunction
                                               indicate that parties to a trade may have
                                                                                                       fraudulent and manipulative acts and                    in a manner similar to other exchanges.
                                               a trade nullified or its price adjusted if
                                                                                                       practices, to promote just and equitable
                                               it resulted from a verifiable disruption                                                                        C. Self-Regulatory Organization’s
                                                                                                       principles of trade, to foster cooperation
                                               or malfunction of Exchange execution,                                                                           Statement on Comments on the
                                                                                                       and coordination with persons engaged
                                               dissemination, or communication                                                                                 Proposed Rule Change Received From
                                                                                                       in regulating, clearing, settling,
                                               systems that caused a quote/order to                                                                            Members, Participants, or Others
                                                                                                       processing information with respect to,
                                               trade in excess of its disseminated size
                                                                                                       and facilitating transactions in                          No written comments were either
                                               (e.g., a quote/order that is frozen,
                                                                                                       securities, to remove impediments to                    solicited or received.
                                               because of an Exchange system error,
                                                                                                       and perfect the mechanism of a free and
                                               and repeatedly traded).3 Parties to a                                                                           III. Date of Effectiveness of the
                                                                                                       open market and a national market
                                               trade may have a trade nullified or its                                                                         Proposed Rule Change and Timing for
                                                                                                       system, and, in general, to protect
                                               price adjusted if it resulted from a                                                                            Commission Action
                                                                                                       investors and the public interest.
                                               verifiable disruption or malfunction of
                                                                                                       Additionally, the Exchange believes the                    Because the foregoing proposed rule
                                               an Exchange dissemination or
                                                                                                       proposed rule change is consistent with                 change does not: (i) Significantly affect
                                               communication system that prevented a
                                                                                                       the Section 6(b)(5) requirement that the                the protection of investors or the public
                                               member from updating or canceling a
                                                                                                       rules of an exchange not be designed to                 interest; (ii) impose any significant
                                               quote/order for which the member is
                                                                                                       permit unfair discrimination between                    burden on competition; and (iii) become
                                               responsible where there is Exchange
                                                                                                       customers, issuers, brokers, or dealers.                operative for 30 days from the date on
                                               documentation providing that the                           In particular, the Exchange believes
                                               member sought to update or cancel the                                                                           which it was filed, or such shorter time
                                                                                                       that the proposed rule change would                     as the Commission may designate, it has
                                               quote/order. The Exchange notes that                    remove impediments to and perfect the
                                               the proposed BX Options Chapter V,                                                                              become effective pursuant to Section
                                                                                                       mechanism of a free and open market                     19(b)(3)(A) 7 of the Act and
                                               Section 6(k) language is identical to that              and national market system and
                                               of Phlx Rule 1092(k). Per BX Options                                                                            subparagraph (f)(6) of Rule 19b–4
                                                                                                       promote a fair and orderly market                       thereunder.8
                                               Chapter V, Section 6, transactions that                 because it would provide authority for
                                               qualify for price adjustment will be                                                                               At any time within 60 days of the
                                                                                                       the Exchange to nullify or adjust trades                filing of the proposed rule change, the
                                               adjusted to Theoretical Price, as defined               that may have resulted from a verifiable
                                               in paragraph (b) of Section 6.                                                                                  Commission summarily may
                                                                                                       systems disruption or malfunction. The                  temporarily suspend such rule change if
                                                  The Exchange believes that it is
                                                                                                       Exchange believes that it is appropriate                it appears to the Commission that such
                                               appropriate to provide the flexibility
                                                                                                       to provide the flexibility and authority                action is: (i) Necessary or appropriate in
                                               and authority provided for in the
                                                                                                       provided for in the proposed rule so as                 the public interest; (ii) for the protection
                                               proposed rule so as not to limit the
                                                                                                       not to limit the Exchange’s ability to                  of investors; or (iii) otherwise in
                                               Exchange’s ability to plan for and
                                                                                                       plan for and respond to unforeseen                      furtherance of the purposes of the Act.
                                               respond to unforeseen systems problems
rmajette on DSK7SPTVN1PROD with NOTICES




                                                                                                       systems problems or malfunctions that                   If the Commission takes such action, the
                                               or malfunctions. The proposed rule
                                               change would provide the Exchange                                                                               Commission shall institute proceedings
                                                                                                          4 See, e.g., Phlx Rule 1092(k), Chicago Board
                                               with the same authority that Phlx and                                                                           to determine whether the proposed rule
                                                                                                       Options Exchange (‘‘CBOE’’) Rule 6.25.05, CBOE C2
                                               other exchanges have to nullify or adjust               (‘‘C2’’) Rule 6.15.06, and NYSE Arca, Inc. (‘‘Arca’’)   should be approved or disapproved.
                                                                                                       Rule 6.89.
                                                3 There is no reference to open outcry as BX              5 15 U.S.C. 78f(b).                                   7 15   U.S.C. 78s(b)(3)(A).
                                               Options is all-electronic.                                 6 15 U.S.C. 78f(b)(5).                                8 17   CFR 240.19b–4(f)(6).



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                                                                               Federal Register / Vol. 80, No. 162 / Friday, August 21, 2015 / Notices                                             50887

                                               IV. Solicitation of Comments                                For the Commission, by the Division of              applicants with a copy of the request,
                                                                                                         Trading and Markets, pursuant to delegated            personally or by mail. Hearing requests
                                                 Interested persons are invited to                       authority.9                                           should be received by the Commission
                                               submit written data, views, and                           Robert W. Errett,                                     by 5:30 p.m. on September 11, 2015,
                                               arguments concerning the foregoing,                       Deputy Secretary.                                     and should be accompanied by proof of
                                               including whether the proposed rule                       [FR Doc. 2015–20657 Filed 8–20–15; 8:45 am]           service on applicants, in the form of an
                                               change is consistent with the Act.                        BILLING CODE 8011–01–P                                affidavit or, for lawyers, a certificate of
                                               Comments may be submitted by any of                                                                             service. Pursuant to rule 0–5 under the
                                               the following methods:                                                                                          Act, hearing requests should state the
                                                                                                         SECURITIES AND EXCHANGE                               nature of the writer’s interest, any facts
                                               Electronic Comments                                       COMMISSION                                            bearing upon the desirability of a
                                                 • Use the Commission’s Internet                         [Investment Company Act Release No.                   hearing on the matter, the reason for the
                                               comment form (http://www.sec.gov/                         31764; File No. 812–14424]                            request, and the issues contested.
                                               rules/sro.shtml); or                                                                                            Persons who wish to be notified of a
                                                                                                         Amplify Investments LLC and Amplify                   hearing may request notification by
                                                 • Send an email to rule-comments@                       ETF Trust; Notice of Application                      writing to the Commission’s Secretary.
                                               sec.gov. Please include File Number SR–                                                                         ADDRESSES: Secretary, Securities and
                                               BX–2015–052 on the subject line.                          August 17, 2015.
                                                                                                                                                               Exchange Commission, 100 F Street NE.,
                                                                                                         AGENCY:    Securities and Exchange
                                               Paper Comments                                                                                                  Washington, DC 20549–1090;
                                                                                                         Commission (‘‘Commission’’).
                                                                                                                                                               Applicants, 3250 Lacey Road, Suite 130,
                                                  • Send paper comments in triplicate                    ACTION: Notice of an application for an               Downers Grove, IL 60515, Attn:
                                               to Brent J. Fields, Secretary, Securities                 order under section 6(c) of the                       Christian Magoon.
                                               and Exchange Commission, 100 F Street                     Investment Company Act of 1940 (the
                                                                                                                                                               FOR FURTHER INFORMATION CONTACT:
                                               NE., Washington, DC 20549–1090.                           ‘‘Act’’) for an exemption from sections
                                                                                                                                                               Christine Y. Greenlees, Senior Counsel
                                                                                                         2(a)(32), 5(a)(1), 22(d), and 22(e) of the
                                                  All submissions should refer to File                                                                         at (202) 551–6879, or David P. Bartels,
                                                                                                         Act and rule 22c–1 under the Act, under
                                               Number SR–BX–2015–052. This file                                                                                Branch Chief, at (202) 551–6821
                                                                                                         sections 6(c) and 17(b) of the Act for an
                                               number should be included on the                                                                                (Division of Investment Management,
                                                                                                         exemption from sections 17(a)(1) and
                                               subject line if email is used. To help the                                                                      Chief Counsel’s Office).
                                                                                                         17(a)(2) of the Act, and under section
                                               Commission process and review your                        12(d)(1)(J) for an exemption from                     SUPPLEMENTARY INFORMATION: The
                                               comments more efficiently, please use                     sections 12(d)(1)(A) and 12(d)(1)(B) of               following is a summary of the
                                               only one method. The Commission will                      the Act.                                              application. The complete application
                                               post all comments on the Commission’s                                                                           may be obtained via the Commission’s
                                               Internet Web site (http://www.sec.gov/                       Summary of Application: Applicants                 Web site by searching for the file
                                               rules/sro.shtml). Copies of the                           request an order that would permit (a)                number, or for an applicant using the
                                               submission, all subsequent                                series of certain open-end management                 Company name box, at http://
                                                                                                         investment companies to issue shares                  www.sec.gov/search/search.htm or by
                                               amendments, all written statements
                                                                                                         (‘‘Shares’’) redeemable in large                      calling (202) 551–8090.
                                               with respect to the proposed rule
                                                                                                         aggregations only (‘‘Creation Units’’); (b)
                                               change that are filed with the                                                                                  Applicants’ Representations
                                                                                                         secondary market transactions in Shares
                                               Commission, and all written                               to occur at negotiated market prices                     1. The Trust is a business trust
                                               communications relating to the                            rather than at net asset value (‘‘NAV’’);             organized under the laws of the
                                               proposed rule change between the                          (c) certain series to pay redemption                  Commonwealth of Massachusetts and is,
                                               Commission and any person, other than                     proceeds, under certain circumstances,                or will be prior to the commencement
                                               those that may be withheld from the                       more than seven days after the tender of              of operation of the Initial Fund (defined
                                               public in accordance with the                             Shares for redemption; (d) certain                    below), registered under the Act as an
                                               provisions of 5 U.S.C. 552, will be                       affiliated persons of the series to deposit           open-end management investment
                                               available for Web site viewing and                        securities into, and receive securities               company with multiple series.
                                               printing in the Commission’s Public                       from, the series in connection with the                  2. The Initial Adviser is registered as
                                               Reference Room, 100 F Street NE.,                         purchase and redemption of Creation                   an investment adviser under the
                                               Washington, DC 20549 on official                          Units; and (e) certain registered                     Investment Advisers Act of 1940 (the
                                               business days between the hours of                        management investment companies and                   ‘‘Advisers Act’’) and will be the
                                               10:00 a.m. and 3:00 p.m. Copies of such                   unit investment trusts outside of the                 investment adviser to the Funds
                                               filing also will be available for                         same group of investment companies as                 (defined below). Any other Adviser
                                               inspection and copying at the principal                   the Underlying Funds (defined below)                  (defined below) will also be registered
                                               office of the Exchange. All comments                      to acquire shares of the Underlying                   as an investment adviser under the
                                               received will be posted without change;                   Funds.                                                Advisers Act. The Adviser may enter
                                                                                                            Applicants: Amplify ETF Trust (the                 into sub-advisory agreements with one
                                               the Commission does not edit personal
                                                                                                         ‘‘Trust’’) and Amplify Investments LLC                or more investment advisers to act as
                                               identifying information from
                                                                                                         (the ‘‘Initial Adviser’’).                            sub-advisers to particular Funds (each,
                                               submissions. You should submit only                                                                             a ‘‘Sub-Adviser’’). Any Sub-Adviser will
                                                                                                            Filing Dates: The application was
                                               information that you wish to make                         filed on February 20, 2015, and                       either be registered under the Advisers
rmajette on DSK7SPTVN1PROD with NOTICES




                                               available publicly. All submissions                       amended on June 30, 2015.                             Act or will not be required to register
                                               should refer to File Number SR–BX–                           Hearing or Notification of Hearing: An             thereunder.
                                               2015–052, and should be submitted on                      order granting the requested relief will                 3. The Trust will enter into a
                                               or before September 11, 2015.                             be issued unless the Commission orders                distribution agreement with one or more
                                                                                                         a hearing. Interested persons may                     distributors (each, a ‘‘Distributor’’). Each
                                                                                                         request a hearing by writing to the                   Distributor will be a broker-dealer
                                                 9 17   CFR 200.30–3(a)(12).                             Commission’s Secretary and serving                    (‘‘Broker’’) registered under the


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Document Created: 2018-02-23 11:00:46
Document Modified: 2018-02-23 11:00:46
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 50885 

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