80_FR_53778 80 FR 53606 - Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Regarding FLEX No Minimum Value Pilot

80 FR 53606 - Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Regarding FLEX No Minimum Value Pilot

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 172 (September 4, 2015)

Page Range53606-53608
FR Document2015-21956

Federal Register, Volume 80 Issue 172 (Friday, September 4, 2015)
[Federal Register Volume 80, Number 172 (Friday, September 4, 2015)]
[Notices]
[Pages 53606-53608]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-21956]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75794; File No. SR-Phlx-2015-74]


Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of 
Filing and Immediate Effectiveness of Proposed Rule Change Regarding 
FLEX No Minimum Value Pilot

August 31, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on August 21, 2015, NASDAQ OMX PHLX LLC (``Phlx'' or ``Exchange'') 
filed with the Securities and Exchange Commission (``SEC'' or 
``Commission'') the proposed rule change as described in Items I and II 
below, which Items have been prepared by the Exchange. The Commission 
is publishing this notice to solicit comments on the proposed rule 
change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the 
Substance of the Proposed Rule Change

    The Exchange is filing with the Commission a proposal to amend Phlx 
Rule 1079 (FLEX Index, Equity and Currency Options) to extend a pilot 
program that eliminates minimum value sizes for opening transactions in 
new series of FLEX index options and FLEX equity options (together 
known as ``FLEX Options'').\3\
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    \3\ In addition to FLEX Options, FLEX currency options are also 
traded on the Exchange. These flexible index, equity, and currency 
options provide investors the ability to customize basic option 
features including size, expiration date, exercise style, and 
certain exercise prices; and may have expiration dates within five 
years. See Rule 1079. FLEX currency options traded on the Exchange 
are also known as FLEX FX Options. The pilot program discussed 
herein does not encompass FLEX currency options.
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    The text of the amended Exchange rule is set forth immediately 
below.
    Additions are in italics and deletions are [bracketed].

Rules of the Exchange

Options Rules

* * * * *

Rule 1079. FLEX Index, Equity and Currency Options

    A Requesting Member shall obtain quotes and execute trades in 
certain non-listed FLEX options at the specialist post of the non-FLEX 
option on the Exchange. The term ``FLEX option'' means a FLEX option 
contract that is traded subject to this Rule. Although FLEX options are 
generally subject to the Rules in this section, to the extent that the 
provisions of this Rule are inconsistent with other applicable Exchange 
Rules, this Rule takes precedence with respect to FLEX options.
    (a)-(f) No Change.

   Commentary: ------------

    .01 Notwithstanding subparagraphs (a)(8)(A)(i) and (a)(8)(A)(ii) 
above, for a pilot period ending the earlier of [August]January 31, 
[2015]2016, or the date on which the pilot is approved on a permanent 
basis, there shall be no minimum value size requirements for FLEX 
options.
* * * * *
    The text of the proposed rule change is available on the Exchange's 
Web site at http://nasdaqomxphlx.cchwallstreet.com, at the principal 
office of the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The purpose of this proposed rule change is to amend Phlx Rule 1079 
(FLEX Index, Equity and Currency Options) to extend a pilot program 
that eliminates minimum value sizes for opening transactions in new 
series of FLEX Options (the ``Pilot Program'' or ``Pilot'').\4\
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    \4\ The Exchange is also filing a separate proposal to 
permanently approve the Pilot Program. See footnote 10.
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    Rule 1079 deals with the process of listing and trading FLEX 
equity, index, and currency options on the Exchange. Rule 1079(a)(8)(A) 
currently sets the minimum opening transaction value size in the case 
of a FLEX Option in a newly established (opening) series if there is no 
open interest in the particular series when a Request-for-Quote 
(``RFQ'') is submitted (except as provided in Commentary .01 to Rule 
1079): (i) $10 million underlying equivalent value, respecting FLEX 
market index options, and $5 million underlying equivalent value 
respecting FLEX industry index options; \5\ (ii) the lesser of 250 
contracts or the number of contracts overlying $1 million in the 
underlying securities, with respect to

[[Page 53607]]

FLEX equity options (together the ``minimum value size'').\6\
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    \5\ Market index options and industry index options are broad-
based index options and narrow-based index options, respectively. 
See Rule 1000A(b)(11) and (12).
    \6\ Subsection (a)(8)(A) also provides a third alternative: 
(iii) 50 Contracts in the case of FLEX currency options. However, 
this alternative is not part of the Pilot Program.
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    Presently, Commentary .01 to Rule 1079 states that by virtue of the 
Pilot Program ending August 31, 2015, or the date on which the pilot is 
approved on a permanent basis, there shall be no minimum value size 
requirements for FLEX Options as noted in subsections (a)(8)(A)(i) and 
(a)(8)(A)(ii) of Rule 1079.\7\
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    \7\ See Securities Exchange Act Release No. 74481 (March 11, 
2015), 80 FR 13923 (March 17, 2015) (SR-Phlx-2015-22) (notice of 
filing and immediate effectiveness of proposal to extend Pilot 
Program). The Pilot Program was instituted in 2010. See Securities 
Exchange Act Release No. 62900 (September 13, 2010), 75 FR 57098 
(September 17, 2010) (SR-Phlx-2010-123) (notice of filing and 
immediate effectiveness of proposal to institute Pilot Program).
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    The Exchange now proposes to extend the Pilot Program for a pilot 
period ending the earlier of January 31, 2016, or the date on which the 
Pilot is approved on a permanent basis.\8\
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    \8\ The Exchange notes that any positions established under this 
Pilot would not be impacted by the expiration of the Pilot. For 
example, a 10 contract FLEX equity option opening position that 
overlies less than $1 million in the underlying security and expires 
in January 2016 could be established during the Pilot. If the Pilot 
Program were not extended, the position would continue to exist and 
any further trading in the series would be subject to the minimum 
value size requirements for continued trading in that series.
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    The Exchange believes that there is sufficient investor interest 
and demand in the Pilot Program to warrant an extension. The Exchange 
believes that the Pilot Program has provided investors with additional 
means of managing their risk exposures and carrying out their 
investment objectives. Extension of the Pilot Program would continue to 
provide greater opportunities for traders and investors to manage risk 
through the use of FLEX Options, including investors that may otherwise 
trade in the unregulated over the counter (``OTC'') market where 
similar size restrictions do not apply.\9\
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    \9\ The Exchange has not experienced any adverse market effects 
with respect to the Pilot Program.
---------------------------------------------------------------------------

    In support of the proposed extension of the Pilot Program, the 
Exchange has under separate cover submitted to the Commission a Pilot 
Program Report (``Report'') that provides an analysis of the Pilot 
Program covering the period during which the Pilot has been in effect. 
This Report includes: (i) Data and analysis on the open interest and 
trading volume in (a) FLEX equity options that have an opening 
transaction with a minimum size of 0 to 249 contracts and less than $1 
million in underlying value; (b) FLEX index options that have an 
opening transaction with a minimum opening size of less than $10 
million in underlying equivalent value; and (ii) analysis of the types 
of investors that initiated opening FLEX Options transactions (i.e., 
institutional, high net worth, or retail). The Report has been 
submitted to the Commission and the Exchange has requested confidential 
treatment under the Freedom of Information Act.\10\
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    \10\ 5 U.S.C. 552. The Exchange notes that it expects to file a 
proposal for permanent approval of the Pilot Program. With this 
proposal, the Exchange will submit a Report that is publicly 
available. In the event the Pilot Program is not permanently 
approved by January 31, 2016, the Exchange will submit an additional 
Report covering the extended Pilot period.
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2. Statutory Basis
    The Exchange's proposal is consistent with Section 6(b) of the Act 
\11\ in general, and furthers the objectives of Section 6(b)(5) of the 
Act \12\ in particular, in that it is designed to prevent fraudulent 
and manipulative acts and practices, to promote just and equitable 
principles of trade, to foster cooperation and coordination with 
persons engaged in facilitating transactions in securities, and to 
remove impediments to and perfect the mechanisms of a free and open 
market and a national market system. Specifically, the Exchange 
believes that the proposed extension of the Pilot Program, which 
eliminates the minimum value size applicable to opening transactions in 
new series of FLEX Options, would provide greater opportunities for 
investors to manage risk through the use of FLEX Options. The Exchange 
notes that it has not experienced any adverse market effects with 
respect to the Pilot Program.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(5).
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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 proposal 
would give traders and investors the opportunity to more effectively 
tailor their trading, investing and hedging through FLEX options traded 
on the Exchange. Prior to the Pilot, options that represented opening 
transactions in new series that could not meet a minimum value size 
could not trade via FLEX on the Exchange, but rather had to trade OTC. 
Extension of the Pilot enables such options to continue to trade on the 
Exchange.

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) of the Act and Rule 19b-
4(f)(6) thereunder.\13\
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    \13\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) 
requires a self-regulatory organization to give the Commission 
written notice of its intent to file the proposed rule change, along 
with a brief description and 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 requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) \14\ normally 
does not become operative prior to 30 days after the date of the 
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\15\ 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 Exchange 
may seamlessly continue its Pilot Program without interruption. The 
Commission believes that waiving the 30-day operative delay is 
consistent with the protection of investors and the public 
interest.\16\ The Commission notes that waiving the 30-day operative 
delay would prevent the expiration of the Pilot Program on August 31, 
2015, prior to the extension of the pilot program becoming operative. 
Therefore, the Commission hereby waives the 30-day operative delay and 
designates the proposal operative upon filing.
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    \14\ 17 CFR 240.19b-4(f)(6).
    \15\ 17 CFR 240.19b-4(f)(6)(iii).
    \16\ For purposes only of waiving the 30-day operative delay, 
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 necessary or 
appropriate in the public interest, for the protection of investors, or 
otherwise in furtherance of the purposes of the Act. If the

[[Page 53608]]

Commission takes such action, the Commission shall institute 
proceedings to determine whether the proposed rule should be approved 
or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-Phlx-2015-74 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Phlx-2015-74. 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-Phlx-2015-74, and should be 
submitted on or before September 25, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-21956 Filed 9-3-15; 8:45 am]
BILLING CODE 8011-01-P



                                                  53606                          Federal Register / Vol. 80, No. 172 / Friday, September 4, 2015 / Notices

                                                  and Exchange Commission, 100 F Street                   notice is hereby given that on August                  minimum value size requirements for
                                                  NE., Washington, DC 20549–1090.                         21, 2015, NASDAQ OMX PHLX LLC                          FLEX options.
                                                     All submissions should refer to File                 (‘‘Phlx’’ or ‘‘Exchange’’) filed with the              *     *     *     *     *
                                                  Number SR–ISE–2015–26. This file                        Securities and Exchange Commission                        The text of the proposed rule change
                                                  number should be included on the                        (‘‘SEC’’ or ‘‘Commission’’) the proposed               is available on the Exchange’s Web site
                                                  subject line if email is used. To help the              rule change as described in Items I and                at http://
                                                  Commission process and review your                      II below, which Items have been                        nasdaqomxphlx.cchwallstreet.com, at
                                                  comments more efficiently, please use                   prepared by the Exchange. The                          the principal office of the Exchange, and
                                                  only one method. The Commission will                    Commission is publishing this notice to                at the Commission’s Public Reference
                                                  post all comments on the Commission’s                   solicit comments on the proposed rule                  Room.
                                                  Internet Web site (http://www.sec.gov/                  change from interested persons.
                                                  rules/sro.shtml). Copies of the                                                                                II. Self-Regulatory Organization’s
                                                  submission, all subsequent                              I. Self-Regulatory Organization’s                      Statement of the Purpose of, and
                                                  amendments, all written statements                      Statement of the Terms of the Substance                Statutory Basis for, the Proposed Rule
                                                  with respect to the proposed rule                       of the Proposed Rule Change                            Change
                                                  change that are filed with the                             The Exchange is filing with the
                                                  Commission, and all written                                                                                      In its filing with the Commission, the
                                                                                                          Commission a proposal to amend Phlx
                                                  communications relating to the                                                                                 Exchange included statements
                                                                                                          Rule 1079 (FLEX Index, Equity and
                                                  proposed rule change between the                                                                               concerning the purpose of and basis for
                                                                                                          Currency Options) to extend a pilot
                                                  Commission and any person, other than                                                                          the proposed rule change and discussed
                                                                                                          program that eliminates minimum value
                                                  those that may be withheld from the                                                                            any comments it received on the
                                                                                                          sizes for opening transactions in new
                                                  public in accordance with the                                                                                  proposed rule change. The text of these
                                                                                                          series of FLEX index options and FLEX
                                                  provisions of 5 U.S.C. 552, will be                                                                            statements may be examined at the
                                                                                                          equity options (together known as
                                                  available for Web site viewing and                                                                             places specified in Item IV below. The
                                                                                                          ‘‘FLEX Options’’).3
                                                  printing in the Commission’s Public                                                                            Exchange has prepared summaries, set
                                                                                                             The text of the amended Exchange                    forth in sections A, B, and C below, of
                                                  Reference Room, 100 F Street NE.,                       rule is set forth immediately below.
                                                  Washington, DC 20549, on official                                                                              the most significant aspects of such
                                                                                                             Additions are in italics and deletions              statements.
                                                  business days between the hours of
                                                                                                          are [bracketed].
                                                  10:00 a.m. and 3:00 p.m. Copies of the                                                                         A. Self-Regulatory Organization’s
                                                  filing will also be available for                       Rules of the Exchange                                  Statement of the Purpose of, and
                                                  inspection and copying at the principal                 Options Rules                                          Statutory Basis for, the Proposed Rule
                                                  office of the Exchange. All comments                                                                           Change
                                                  received will be posted without change;                 *      *      *      *       *
                                                  the Commission does not edit personal                                                                          1. Purpose
                                                                                                          Rule 1079. FLEX Index, Equity and
                                                  identifying information from                            Currency Options                                          The purpose of this proposed rule
                                                  submissions. You should submit only                                                                            change is to amend Phlx Rule 1079
                                                  information that you wish to make                          A Requesting Member shall obtain
                                                                                                          quotes and execute trades in certain                   (FLEX Index, Equity and Currency
                                                  available publicly. All submissions
                                                                                                          non-listed FLEX options at the specialist              Options) to extend a pilot program that
                                                  should refer to File Number SR–ISE–
                                                                                                          post of the non-FLEX option on the                     eliminates minimum value sizes for
                                                  2015–26 and should be submitted on or
                                                                                                          Exchange. The term ‘‘FLEX option’’                     opening transactions in new series of
                                                  before September 25,2015.
                                                                                                          means a FLEX option contract that is                   FLEX Options (the ‘‘Pilot Program’’ or
                                                    For the Commission, by the Division of                                                                       ‘‘Pilot’’).4
                                                  Trading and Markets, pursuant to delegated              traded subject to this Rule. Although
                                                  authority.22                                            FLEX options are generally subject to                     Rule 1079 deals with the process of
                                                                                                          the Rules in this section, to the extent               listing and trading FLEX equity, index,
                                                  Robert W. Errett,
                                                                                                          that the provisions of this Rule are                   and currency options on the Exchange.
                                                  Deputy Secretary.
                                                                                                          inconsistent with other applicable                     Rule 1079(a)(8)(A) currently sets the
                                                  [FR Doc. 2015–21958 Filed 9–3–15; 8:45 am]                                                                     minimum opening transaction value
                                                                                                          Exchange Rules, this Rule takes
                                                  BILLING CODE 8011–01–P                                                                                         size in the case of a FLEX Option in a
                                                                                                          precedence with respect to FLEX
                                                                                                          options.                                               newly established (opening) series if
                                                                                                             (a)–(f) No Change.                                  there is no open interest in the
                                                  SECURITIES AND EXCHANGE                                                                                        particular series when a Request-for-
                                                  COMMISSION                                              • • • Commentary: ——————                               Quote (‘‘RFQ’’) is submitted (except as
                                                  [Release No. 34–75794; File No. SR–Phlx–                   .01 Notwithstanding subparagraphs                   provided in Commentary .01 to Rule
                                                  2015–74]                                                (a)(8)(A)(i) and (a)(8)(A)(ii) above, for a            1079): (i) $10 million underlying
                                                                                                          pilot period ending the earlier of                     equivalent value, respecting FLEX
                                                  Self-Regulatory Organizations;                          [August]January 31, [2015]2016, or the                 market index options, and $5 million
                                                  NASDAQ OMX PHLX LLC; Notice of                          date on which the pilot is approved on                 underlying equivalent value respecting
                                                  Filing and Immediate Effectiveness of                   a permanent basis, there shall be no                   FLEX industry index options; 5 (ii) the
                                                  Proposed Rule Change Regarding                                                                                 lesser of 250 contracts or the number of
                                                  FLEX No Minimum Value Pilot                                3 In addition to FLEX Options, FLEX currency        contracts overlying $1 million in the
                                                                                                          options are also traded on the Exchange. These
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  August 31, 2015.                                                                                               underlying securities, with respect to
                                                                                                          flexible index, equity, and currency options provide
                                                     Pursuant to Section 19(b)(1) of the                  investors the ability to customize basic option
                                                                                                                                                                   4 The Exchange is also filing a separate proposal
                                                  Securities Exchange Act of 1934                         features including size, expiration date, exercise
                                                                                                          style, and certain exercise prices; and may have       to permanently approve the Pilot Program. See
                                                  (‘‘Act’’),1 and Rule 19b–4 thereunder,2                                                                        footnote 10.
                                                                                                          expiration dates within five years. See Rule 1079.
                                                                                                          FLEX currency options traded on the Exchange are         5 Market index options and industry index
                                                    22 17 CFR 200.30–3(a)(12).                            also known as FLEX FX Options. The pilot program       options are broad-based index options and narrow-
                                                    1 15 U.S.C. 78s(b)(1).                                discussed herein does not encompass FLEX               based index options, respectively. See Rule
                                                    2 17 CFR 240.19b–4.                                   currency options.                                      1000A(b)(11) and (12).



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                                                                               Federal Register / Vol. 80, No. 172 / Friday, September 4, 2015 / Notices                                                     53607

                                                  FLEX equity options (together the                       options that have an opening                          C. Self-Regulatory Organization’s
                                                  ‘‘minimum value size’’).6                               transaction with a minimum opening                    Statement on Comments on the
                                                     Presently, Commentary .01 to Rule                    size of less than $10 million in                      Proposed Rule Change Received From
                                                  1079 states that by virtue of the Pilot                 underlying equivalent value; and (ii)                 Members, Participants, or Others
                                                  Program ending August 31, 2015, or the                  analysis of the types of investors that                 No written comments were either
                                                  date on which the pilot is approved on                  initiated opening FLEX Options                        solicited or received.
                                                  a permanent basis, there shall be no                    transactions (i.e., institutional, high net
                                                  minimum value size requirements for                     worth, or retail). The Report has been                III. Date of Effectiveness of the
                                                  FLEX Options as noted in subsections                    submitted to the Commission and the                   Proposed Rule Change and Timing for
                                                  (a)(8)(A)(i) and (a)(8)(A)(ii) of Rule                  Exchange has requested confidential                   Commission Action
                                                  1079.7                                                  treatment under the Freedom of                           Because the foregoing proposed rule
                                                     The Exchange now proposes to extend                  Information Act.10                                    change does not: (i) significantly affect
                                                  the Pilot Program for a pilot period                                                                          the protection of investors or the public
                                                  ending the earlier of January 31, 2016,                 2. Statutory Basis
                                                                                                                                                                interest; (ii) impose any significant
                                                  or the date on which the Pilot is                          The Exchange’s proposal is consistent              burden on competition; and (iii) become
                                                  approved on a permanent basis.8                         with Section 6(b) of the Act 11 in                    operative for 30 days from the date on
                                                     The Exchange believes that there is                  general, and furthers the objectives of               which it was filed, or such shorter time
                                                  sufficient investor interest and demand                 Section 6(b)(5) of the Act 12 in                      as the Commission may designate, it has
                                                  in the Pilot Program to warrant an                      particular, in that it is designed to                 become effective pursuant to Section
                                                  extension. The Exchange believes that                   prevent fraudulent and manipulative                   19(b)(3)(A) of the Act and Rule 19b–
                                                  the Pilot Program has provided                          acts and practices, to promote just and               4(f)(6) thereunder.13
                                                  investors with additional means of                      equitable principles of trade, to foster                 A proposed rule change filed under
                                                  managing their risk exposures and                       cooperation and coordination with                     Rule 19b–4(f)(6) 14 normally does not
                                                  carrying out their investment objectives.               persons engaged in facilitating                       become operative prior to 30 days after
                                                  Extension of the Pilot Program would                    transactions in securities, and to remove             the date of the filing. However, pursuant
                                                  continue to provide greater                             impediments to and perfect the                        to Rule 19b–4(f)(6)(iii),15 the
                                                  opportunities for traders and investors                 mechanisms of a free and open market                  Commission may designate a shorter
                                                  to manage risk through the use of FLEX                  and a national market system.                         time if such action is consistent with the
                                                  Options, including investors that may                   Specifically, the Exchange believes that              protection of investors and the public
                                                  otherwise trade in the unregulated over                 the proposed extension of the Pilot                   interest. The Exchange has asked the
                                                  the counter (‘‘OTC’’) market where                      Program, which eliminates the                         Commission to waive the 30-day
                                                  similar size restrictions do not apply.9                minimum value size applicable to                      operative delay so that the Exchange
                                                     In support of the proposed extension                 opening transactions in new series of                 may seamlessly continue its Pilot
                                                  of the Pilot Program, the Exchange has                  FLEX Options, would provide greater                   Program without interruption. The
                                                  under separate cover submitted to the                   opportunities for investors to manage                 Commission believes that waiving the
                                                  Commission a Pilot Program Report                       risk through the use of FLEX Options.                 30-day operative delay is consistent
                                                  (‘‘Report’’) that provides an analysis of               The Exchange notes that it has not                    with the protection of investors and the
                                                  the Pilot Program covering the period                   experienced any adverse market effects                public interest.16 The Commission notes
                                                  during which the Pilot has been in                      with respect to the Pilot Program.                    that waiving the 30-day operative delay
                                                  effect. This Report includes: (i) Data and
                                                                                                          B. Self-Regulatory Organization’s                     would prevent the expiration of the
                                                  analysis on the open interest and
                                                                                                          Statement on Burden on Competition                    Pilot Program on August 31, 2015, prior
                                                  trading volume in (a) FLEX equity
                                                                                                             The Exchange does not believe that                 to the extension of the pilot program
                                                  options that have an opening
                                                                                                          the proposed rule change will impose                  becoming operative. Therefore, the
                                                  transaction with a minimum size of 0 to
                                                                                                          any burden on competition not                         Commission hereby waives the 30-day
                                                  249 contracts and less than $1 million
                                                  in underlying value; (b) FLEX index                     necessary or appropriate in furtherance               operative delay and designates the
                                                                                                          of the purposes of the Act. To the                    proposal operative upon filing.
                                                     6 Subsection (a)(8)(A) also provides a third         contrary, the proposal would give                        At any time within 60 days of the
                                                  alternative: (iii) 50 Contracts in the case of FLEX     traders and investors the opportunity to              filing of the proposed rule change, the
                                                  currency options. However, this alternative is not
                                                                                                          more effectively tailor their trading,                Commission summarily may
                                                  part of the Pilot Program.                                                                                    temporarily suspend such rule change if
                                                     7 See Securities Exchange Act Release No. 74481      investing and hedging through FLEX
                                                                                                          options traded on the Exchange. Prior to              it appears to the Commission that such
                                                  (March 11, 2015), 80 FR 13923 (March 17, 2015)
                                                  (SR–Phlx–2015–22) (notice of filing and immediate       the Pilot, options that represented                   action is necessary or appropriate in the
                                                  effectiveness of proposal to extend Pilot Program).     opening transactions in new series that               public interest, for the protection of
                                                  The Pilot Program was instituted in 2010. See
                                                                                                          could not meet a minimum value size                   investors, or otherwise in furtherance of
                                                  Securities Exchange Act Release No. 62900                                                                     the purposes of the Act. If the
                                                  (September 13, 2010), 75 FR 57098 (September 17,        could not trade via FLEX on the
                                                  2010) (SR–Phlx–2010–123) (notice of filing and          Exchange, but rather had to trade OTC.                   13 17 CFR 240.19b–4(f)(6). In addition, Rule 19b–
                                                  immediate effectiveness of proposal to institute        Extension of the Pilot enables such
                                                  Pilot Program).                                                                                               4(f)(6)(iii) requires a self-regulatory organization to
                                                     8 The Exchange notes that any positions
                                                                                                          options to continue to trade on the                   give the Commission written notice of its intent to
                                                  established under this Pilot would not be impacted      Exchange.                                             file the proposed rule change, along with a brief
                                                  by the expiration of the Pilot. For example, a 10                                                             description and text of the proposed rule change,
                                                  contract FLEX equity option opening position that         10 5 U.S.C. 552. The Exchange notes that it         at least five business days prior to the date of filing
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                                                  overlies less than $1 million in the underlying         expects to file a proposal for permanent approval     of the proposed rule change, or such shorter time
                                                  security and expires in January 2016 could be           of the Pilot Program. With this proposal, the         as designated by the Commission. The Exchange
                                                  established during the Pilot. If the Pilot Program      Exchange will submit a Report that is publicly        has satisfied this requirement.
                                                                                                                                                                   14 17 CFR 240.19b–4(f)(6).
                                                  were not extended, the position would continue to       available. In the event the Pilot Program is not
                                                  exist and any further trading in the series would be    permanently approved by January 31, 2016, the            15 17 CFR 240.19b–4(f)(6)(iii).

                                                  subject to the minimum value size requirements for      Exchange will submit an additional Report covering       16 For purposes only of waiving the 30-day
                                                  continued trading in that series.                       the extended Pilot period.                            operative delay, the Commission has considered the
                                                     9 The Exchange has not experienced any adverse         11 15 U.S.C. 78f(b).
                                                                                                                                                                proposed rule’s impact on efficiency, competition,
                                                  market effects with respect to the Pilot Program.         12 15 U.S.C. 78f(b)(5).                             and capital formation. See 15 U.S.C. 78c(f).



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                                                  53608                       Federal Register / Vol. 80, No. 172 / Friday, September 4, 2015 / Notices

                                                  Commission takes such action, the                         For the Commission, by the Division of               collection(s) to the OMB Desk Officer
                                                  Commission shall institute proceedings                  Trading and Markets, pursuant to delegated             and SSA Reports Clearance Officer at
                                                  to determine whether the proposed rule                  authority.17                                           the following addresses or fax numbers.
                                                  should be approved or disapproved.                      Robert W. Errett,                                         (OMB), Office of Management and
                                                                                                          Deputy Secretary.                                      Budget, Attn: Desk Officer for SSA, Fax:
                                                  IV. Solicitation of Comments                                                                                   202–395–6974, Email address: OIRA_
                                                                                                          [FR Doc. 2015–21956 Filed 9–3–15; 8:45 am]
                                                    Interested persons are invited to                     BILLING CODE 8011–01–P                                 Submission@omb.eop.gov.
                                                  submit written data, views, and                                                                                   (SSA), Social Security
                                                  arguments concerning the foregoing,                                                                            Administration, OLCA, Attn: Reports
                                                  including whether the proposed rule                                                                            Clearance Director, 3100 West High
                                                                                                          SMALL BUSINESS ADMINISTRATION
                                                  change is consistent with the Act.                                                                             Rise, 6401 Security Blvd., Baltimore,
                                                  Comments may be submitted by any of                     Surrender of License of Small                          MD 21235, Fax: 410–966–2830, Email
                                                  the following methods:                                  Business Investment Company                            address: OR.Reports.Clearance@ssa.gov.
                                                                                                                                                                 Or you may submit your comments
                                                  Electronic Comments                                        Pursuant to the authority granted to                online through www.regulations.gov,
                                                                                                          the United States Small Business                       referencing Docket ID Number [SSA–
                                                    • Use the Commission’s Internet                       Administration under the Small                         2015–0052].
                                                  comment form (http://www.sec.gov/                       Business Investment Act of 1958, as                       I. The information collections below
                                                  rules/sro.shtml); or                                    amended, under Section 309 of the Act                  are pending at SSA. SSA will submit
                                                    • Send an email to rule-                              and Section 107.1900 of the Small                      them to OMB within 60 days from the
                                                  comments@sec.gov. Please include File                   Business Administration Rules and                      date of this notice. To be sure we
                                                  Number SR–Phlx–2015–74 on the                           Regulations (13 CFR 107.1900) to                       consider your comments, we must
                                                  subject line.                                           function as a small business investment                receive them no later than November 3,
                                                  Paper Comments                                          company under the Small Business                       2015. Individuals can obtain copies of
                                                                                                          Investment Company License No. 05/                     the collection instruments by writing to
                                                    • Send paper comments in triplicate                   05–0248 issued to Banc of America                      the above email address.
                                                  to Secretary, Securities and Exchange                   Capital Investors SBIC II, LP said license                1. The Ticket to Work and Self-
                                                  Commission, 100 F Street NE.,                           is hereby declared null and void.                      Sufficiency Program—20 CFR 411—
                                                  Washington, DC 20549–1090.                                                                                     0960–0644. SSA’s Ticket to Work (TTW)
                                                                                                          United States Small Business
                                                                                                          Administration.
                                                                                                                                                                 Program transitions Social Security
                                                  All submissions should refer to File                                                                           Disability Insurance (SSDI) and
                                                  Number SR–Phlx–2015–74. This file                         Dated: August 31, 2015.
                                                                                                                                                                 Supplemental Security Income (SSI)
                                                  number should be included on the                        Javier Saade,                                          recipients toward independence by
                                                  subject line if email is used. To help the              Associate Administrator for Investment and             allowing them to receive Social Security
                                                  Commission process and review your                      Innovation.                                            payments while maintaining
                                                  comments more efficiently, please use                   [FR Doc. 2015–21948 Filed 9–3–15; 8:45 am]             employment under the auspices of the
                                                  only one method. The Commission will                    BILLING CODE P                                         program. SSA uses service providers,
                                                  post all comments on the Commission’s                                                                          called Employment Networks (ENs), to
                                                  Internet Web site (http://www.sec.gov/                                                                         supervise participant progress through
                                                  rules/sro.shtml). Copies of the                         SOCIAL SECURITY ADMINISTRATION                         the stages of TTW Program
                                                  submission, all subsequent                                                                                     participation, such as job searches and
                                                  amendments, all written statements                      [Docket No: SSA–2015–0052]
                                                                                                                                                                 interviews, progress reviews, and
                                                  with respect to the proposed rule                                                                              changes in ticket status. ENs can be
                                                  change that are filed with the                          Agency Information Collection
                                                                                                          Activities: Proposed Request and                       private for-profit and nonprofit
                                                  Commission, and all written                                                                                    organizations, as well as state vocational
                                                  communications relating to the                          Comment Request the Social Security
                                                                                                          Administration (SSA) Publishes a List                  rehabilitation agencies (VRs). SSA and
                                                  proposed rule change between the                                                                               the ENs utilize the TTW program
                                                  Commission and any person, other than                   of Information Collection Packages
                                                                                                          Requiring Clearance by the Office of                   manager to operate the TTW Program
                                                  those that may be withheld from the                                                                            and exchange information about
                                                  public in accordance with the                           Management and Budget (OMB) in
                                                                                                          Compliance With Public Law 104–13,                     participants. For example, the ENs use
                                                  provisions of 5 U.S.C. 552, will be                                                                            the program manager to provide updates
                                                  available for Web site viewing and                      the Paperwork Reduction Act of 1995,
                                                                                                          effective October 1, 1995. This Notice                 on tasks such as selecting a payment
                                                  printing in the Commission’s Public                                                                            system or requesting payments for
                                                  Reference Room, 100 F Street NE.,                       Includes Revisions and Extensions of
                                                                                                                                                                 helping the beneficiary achieve certain
                                                  Washington, DC 20549 on official                        OMB-Approved Information
                                                                                                                                                                 work goals. Since the ENs are not PRA-
                                                  business days between the hours of                      Collections.
                                                                                                                                                                 exempt, the multiple information
                                                  10:00 a.m. and 3:00 p.m. Copies of such                    SSA is soliciting comments on the                   collections within the TTW program
                                                  filing also will be available for                       accuracy of the agency’s burden                        manager require OMB approval, and we
                                                  inspection and copying at the principal                 estimate; the need for the information;                clear them under this information
                                                  office of the Exchange. All comments                    its practical utility; ways to enhance its             collection request (ICR). Most of the
                                                  received will be posted without change;                 quality, utility, and clarity; and ways to             categories of information in this ICR are
                                                  the Commission does not edit personal
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                                                                                                          minimize burden on respondents,                        necessary for SSA to: (1) Comply with
                                                  identifying information from                            including the use of automated                         the Ticket to Work legislation; and (2)
                                                  submissions. You should submit only                     collection techniques or other forms of                provide proper oversight of the program.
                                                  information that you wish to make                       information technology. Mail, email, or                SSA collects this information through
                                                  available publicly. All submissions                     fax your comments and                                  several modalities, including forms,
                                                  should refer to File Number SR–Phlx–                    recommendations on the information                     electronic exchanges, and written
                                                  2015–74, and should be submitted on or                                                                         documentation. The respondents are the
                                                  before September 25, 2015.                                17 17   CFR 200.30–3(a)(12).                         ENs or state VRs, as well as SSDI


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Document Created: 2015-12-15 09:58:19
Document Modified: 2015-12-15 09:58:19
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 53606 

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